Description: |
Tucker F. Blair (WSBA No. 29567, admitted 1999), of Seattle, received a reprimand effective February 23, 2004, following a stipulation approved by the hearing officer. Although Mr. Blair disagreed with the violation analysis, he entered into this stipulation. This discipline is based on his unauthorized access of another lawyer's computer files in 2002.
In August 2002, after business hours, Mr. Blair accessed computer files stored on lawyer C's computer. Mr. Blair rented office space in the same building as lawyer C. Mr. Blair went to lawyer C's office at around 11 p.m., when no firm or staff members were present. Mr. Blair copied files to a diskette and downloaded them to his law firm's computer. Lawyer C had previously allowed Mr. Blair to access certain computer files upon request and with permission, but was unaware of this August 2002 access. Mr. Blair returned the diskette and deleted all of the files from his firm computer.
Mr. Blair's conduct violated RPCs 8.4(b), prohibiting lawyers from committing criminal acts [RCW 9A.52.120(2), Computer Trespass in the Second Degree] that reflect adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; and 8.4(i), prohibiting committing acts of moral turpitude.
Kevin Bank represented the Bar Association. Mr. Blair represented himself. Gayle T. McElroy was the hearing officer. |