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Robert M. Leen (WSBA No. 14208, admitted 1984), of Seattle, received a reprimand effective June 4, 2004, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 1995 involving conflict of interest in a criminal matter and in 2002 involving negligent misrepresentation during the disciplinary investigation.
In 1995, Mr. Leen agreed to represent two criminal defendants, clients A and B. Client A was charged with conspiracy to distribute cocaine and client B with possession of a firearm following a felony conviction. In December 1995, the prosecutor offered client A a plea agreement that required the client to "provide truthful testimony if needed." Client B was listed as a potential witness against client A, although the prosecutor told Mr. Leen that he did not actually intend to call client B. Because Mr. Leen represented both defendants, he could have been precluded from calling one to testify in defense of the other. A jury found client A guilty. Client A then filed a motion to vacate his sentence, claiming that Mr. Leen's simultaneous representation caused an actual conflict of interest. In July 2002, Mr. Leen gave deposition testimony on this matter. Mr. Leen testified that he did not discuss the potential conflict with client A, and that he did not disclose the conflict to the judge. In letters to the Bar Association, Mr. Leen made conflicting statements. Mr. Leen's client file was destroyed prior to his letter and his memory could have faded. Mr. Leen's letter also referred the Association to the deposition transcript.
Mr. Leen's conduct violated RPCs 1.7(b), prohibiting lawyers from representing a client if the representation may be materially limited by the lawyer's responsibilities to another client; and 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation; and ELC 5.3(e), requiring lawyers to promptly respond to requests for information relevant to grievances or matters under investigation.
Sachia Stonefeld Powell represented the Bar Association. David Allen and Cassandra L. Stamm represented Mr. Leen. Carolyn A. Lake was the hearing officer. |