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Richard A. Alcorn (WSBA No. 7973, admitted 1977), of Phoenix, AZ, was reciprocally suspended for three months, based on a March 18, 2004, order of the Supreme Court of Arizona suspending Mr. Alcorn retroactive to May 4, 2003. The Washington State Supreme Court’s order of reciprocal discipline, entered September 30, 2004, imposed the suspension in Washington retroactive to May 4, 2003, in accordance with the dates in the Arizona order. This discipline was based on Mr. Alcorn’s borrowing money from clients in 1995 without making necessary disclosures or obtaining the clients’ consent to the transaction in writing.
In 1993, Mr. Alcorn commenced representing two clients in a dispute arising out of formation of an L.L.C. In 1995, during the representation, the clients loaned Mr. Alcorn $3,000 at Mr. Alcorn’s request. The terms of the loan transaction were not transmitted to the clients in writing and the clients did not consent to the loan terms in writing.
Mr. Alcorn’s conduct violated ER 1.8(a) of the Arizona Rules of Professional Conduct, prohibiting a lawyer from entering into a business transaction with a client or knowingly acquiring an ownership, possessory, security, or other pecuniary interest adverse to a client unless the transaction is fair and reasonable, and the terms are fully disclosed and transmitted in writing to the client; the client is given a reasonable opportunity to seek the advice of independent legal counsel; and the client consents in writing.
Felice Congalton represented the Bar Association. Mr. Alcorn represented himself. |