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Roger A. Castelda (WSBA No. 5571, admitted 1974), of Tonasket, received a reprimand effective March 1, 2004, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 2000 involving conflict of interest in a family-law matter.
In 2000, Mr. Castelda represented both parties in a marital-dissolution matter. Earlier, Mr. Castelda had drafted estate-planning documents and handled a bankruptcy for the clients. An associate in Mr. Castelda's office asked the husband to waive any conflicts of interest, so the firm could represent the wife. Neither client waived the conflict or consented to the representation in writing. The clients were divorced in April 2001. Mr. Castelda, or his office, sent the wife the Qualified Domestic Relations Order required by the terms of the decree approximately two years after the dissolution was final. After the decree was final, the parties had questions about tax liability for returns they did not file during their marriage. Mr. Castelda assisted the husband with a tax appeal but did not advise the wife about her potential liability.
Mr. Castelda's conduct violated RPCs 1.7, prohibiting lawyers from representing a client in a matter if the representation will be directly adverse to another client, unless the lawyer reasonably believes that the representation will not be adversely affected and the clients consent in writing after a full disclosure; 1.10, prohibiting lawyers associated in a firm from knowingly representing a client when any of the lawyers in the firm would be prohibited from the representation if practicing alone; 1.3, requiring lawyers to provide diligent representation to clients; and 1.4, requiring lawyers to explain matters to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Nancy Bickford Miller represented the Bar Association. Mr. Castelda represented himself. Erik S. Bakke Sr. was the hearing officer. |