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Kirk T. Mosley (WSBA No. 29683, admitted 1999), of Tacoma, received a reprimand effective July 21, 2004, following a stipulation approved by the hearing officer. This discipline was based on his conduct in 2002 involving withholding information regarding his status as a lawyer during a Department of Labor and Industries (L&I) matter.
In December 2002, Mr. Mosley agreed to assist a friend in contesting the L&I dismissal of his workers’ compensation claim. Mr. Mosley sent L&I a written notice of appearance and request for reconsideration of the friend’s claim. Mr. Mosley told the friend that because he was not experienced in these cases, he would appear only until the friend could find another lawyer to represent him. The next day, he appeared with the friend at an independent medical exam (IME). WAC 296-23-362 allows friends, but not lawyers or legal representatives, to attend IMEs. Mr. Mosley told the doctor that he was a friend and identified himself as friend on the witness form he signed. Mr. Mosley believed that he did not need to disclose that he was the attorney of record, because he intended to withdraw as soon as another lawyer could be located. The doctor reviewed Mr. Mosley’s notice of appearance prior to the exam, and ordered Mr. Mosley to leave the room.
Mr. Mosley’s conduct violated RPC 8.4(c), prohibiting lawyers from engaging in conduct involving deceit and misrepresentation.
Scott G. Busby represented the Bar Association. Kenneth S. Kagan represented Mr. Mosley. John A. Bender Jr. was the hearing officer. |