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Helen M. Johansen (WSBA No. 5211, admitted 1973), of Seattle, was suspended for three years, effective July 9, 2004, by order of the Washington State Supreme Court following a stipulation. This discipline was based on her conduct in 2000 involving drafting a will naming her as beneficiary.
Ms. Johansen developed a friendship with two clients. Over several years, she took the clients to dinner; arranged for residential care; and assisted them with daily tasks such as banking, food shopping, obtaining prescription medications, and meeting healthcare providers. In 1997, the clients began asking Ms. Johansen to draft a new will for them naming herself as an alternate beneficiary. Ms. Johansen refused and the clients became upset. The clients eventually wrote up their own wills on blank will forms, naming Ms. Johansen as the alternate beneficiary. At the clients’ insistence, Ms. Johansen gave their wills to her secretary to type. She also drafted a codicil leaving the alternate beneficiary blank, which the clients did not use. In late January 2000, Ms. Johansen finalized the clients’ wills, inserting her name as alternate beneficiary. She advised the clients against naming her as a beneficiary, but did not explain that this might invalidate the wills. In March and April 2000, the clients executed the wills.
One client died in January 2001 and the other in November 2001. In December 2001, Ms. Johansen was appointed personal representative with nonintervention powers. She transferred all of the estate funds into her name, but maintained the estate intact. The probate remained open at the time of the stipulation. Pursuant to the stipulation, Ms. Johansen renounced any interest in the estate.
Ms. Johansen’s conduct violated RPC 1.8(c), prohibiting a lawyer from preparing an instrument giving the lawyer a substantial gift, including a testamentary gift.
Elizabeth Turner Smith represented the Bar Association. Spencer Hall represented Ms. Johansen. |