Discipline Notice - Theresa A. Olson

License Number: 16402
Member Name: Theresa A. Olson
Discipline Detail
Action: Suspension
Effective Date: 4/5/2005
RPC: 1.7 - Conflict of Interest; General Rule
1.8 - (prior to 9/1/2006) Conflict of Interest; Prohibited Transactions; Current Client
2.1 - Advisor
8.4 (d) - Conduct Prejudicial to the Administration of Justice
Discipline Notice:
Description: Theresa A. Olson (WSBA No. 16402, admitted 1986) was suspended for two years, effective April 5, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on her conduct in 2002 involving sexual relations with a client.

In October 1999, Ms. Olson’s employer, a public defense provider, was appointed to represent an individual charged with three counts of aggravated first-degree murder in King County Superior Court. Ms. Olson and another lawyer in the office were assigned to represent the client. During the course of her representation of the client, Ms. Olson developed romantic and/or sexual feelings for the client. An inappropriate personal relationship, with sexual overtones, ensued, as confirmed in a three-page handwritten letter that Ms. Olson sent from her home to the client at the King County Jail. In August 2002, Ms. Olson met privately, in person, with the client in a conference room of the King County Jail for the stated purpose of providing legal representation to the client. During the meeting, Ms. Olson knowingly and intentionally engaged in inappropriate intimate physical contact, including sexual relations, with the client. Ms. Olson made no disclosures to the client regarding any conflict of interest or the possible effects of an inappropriate personal and/or sexual relationship on him or his case, and obtained no written waivers.

Ms. Olson’s conduct violated RPC 1.7(b), prohibiting a lawyer from representing a client if the representation may be materially limited by the lawyer’s own interests, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents in writing after a full disclosure; RPC 1.8(k), prohibiting a lawyer from having sexual relations with a current client; RPC 2.1, requiring a lawyer to exercise independent professional judgment and render candid advice in representing a client; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.

Joanne S. Abelson and Scott G. Busby represented the Bar Association. David Allen represented Ms. Olson. David A. Thorner was the hearing officer.


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