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Ray Hayes (WSBA No. 1577, admitted 1949), of Surprise, AZ, was ordered to receive a reprimand, effective November 29, 2004, by order of the Washington Supreme Court imposing reciprocal discipline based on a July 22, 2004 order of the Supreme Court of Arizona. This discipline was based on Mr. Hayes’ disclosure of confidential client information and use of confidential client information to the disadvantage of a former client without consent.
In 2001, Mr. Hayes was hired by the beneficiaries of an estate to probate a will. One of the beneficiaries subsequently hired another lawyer in the matter. Without client consent, Mr. Hayes told a funeral home that the beneficiary had received life insurance proceeds sufficient to pay the decedent’s funeral expenses. Following his withdrawal, without obtaining the former client’s consent, Mr. Hayes represented an assisted living facility in preparing a creditor’s claim against the estate, and he contacted a banking institution to ensure that the bank had filed a claim against the estate. Mr. Hayes’s conduct did not result in client harm.
Mr. Hayes’ conduct violated ER 1.6(a) of the Arizona Rules of Professional Conduct, prohibiting a lawyer from revealing information relating to representation of a client unless the client consents after consultation, and ER 1.9(a), prohibiting a lawyer from using information relating to the representation to the disadvantage of a former client except as ER 1.6 would permit with respect to a client or when the information has become generally known.
Randy Beitel represented the Bar Association. Mr. Hayes represented himself. |