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Margaret D. Christopher (WSBA No. 24884, admitted 1995), of Seattle, was suspended for 18 months, effective February 14, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on her conduct in 1999 involving falsification of documents and forgery of a signature in connection with the filing of an offer of judgment. For additional information, see In re Discipline of Christopher, 153 Wn.2d 669, 105 P.3d 976 (2005).
In 1999, Ms. Christopher worked as an associate at a Seattle law firm. In the first case Ms. Christopher was assigned to handle on her own, she represented the defendants in a civil action that was subject to mandatory arbitration. The arbitrator ruled in favor of the plaintiff. After receiving the arbitrator’s ruling, Ms. Christopher became concerned, erroneously, that she had made a mistake by not submitting an offer of judgment to the plaintiff prior to the arbitration in order to preserve her clients’ right to an award of attorney fees in the event of a successful appeal to the superior court.
On August 25, 1999, Ms. Christopher created an offer of judgment pleading, which she signed and backdated to July 27, 1999. She attached a stamped declaration of mailing on which she forged her secretary’s signature. Ms. Christopher filed the offer of judgment pleading and mailed a copy to opposing counsel. She also created a declaration in support of attorney fees, which stated that the offer of judgment was a true and correct copy of the defendants’ offer to settle and that it had been served on the plaintiff on July 27, 1999. Ms. Christopher created an entry in her billing records to falsely reflect that she had prepared and finalized the offer of judgment on July 27, 1999.
Ms. Christopher’s secretary subsequently concluded that Ms. Christopher had forged the signature, and she reported the matter to the law firm’s management. Ms. Christopher was fired and informed that if she did not self-report the matter to the WSBA, the law firm would report it. On October 13, 1999, Ms. Christopher reported the matter to the WSBA.
Ms. Christopher’s conduct violated RPC 3.3(a)(1), prohibiting a lawyer from making a false statement of material fact or law to a tribunal; RPC 3.3(a)(4), prohibiting a lawyer from offering evidence the lawyer knows to be false; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here forgery) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Stevan D. Phillips represented the Bar Association at the hearing and Kevin M. Bank represented the Bar Association on appeal. Kurt M. Bulmer represented Ms. Christopher. Jack J. Cullen was the hearing officer. |