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Lane J. Wolfley (WSBA No. 9609, admitted 1979), of Port Angeles, was suspended for three years, effective June 9, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct involving advancing financial assistance to two clients, making sexual advances to a current client, and providing false and misleading information to the Bar Association during its disciplinary investigation.
Mr. Wolfley represented two clients in separate personal-injury actions. While representing Client A, Mr. Wolfley made a payment on Client A's truck for him and paid $300 to Client A's lender to avoid repossession of the truck.
While representing Client B, Mr. Wolfley advanced approximately $1,200 to Client B for food, rent, furniture, and car insurance.
In late 2002, Mr. Wolfley made sexual advances toward Client B; he kissed her, fondled her, and intentionally touched her clothed sexual/intimate parts. In 2003, Client B discharged Mr. Wolfley and hired another lawyer to handle her case.
During the ensuing disciplinary investigation, Mr. Wolfley asserted in writing and testified in a deposition that he had not kissed or had other intimate physical contact with Client B. A videotape taken while Mr. Wolfley visited Client B's home and provided to the Bar Association by Client B contradicted Mr. Wolfley's assertions about his contacts with Client B.
Mr. Wolfley's conduct violated RPC 1.8(e), prohibiting a lawyer from advancing or guaranteeing financial assistance to a client in connection with contemplated or pending litigation, except for the expenses of litigation; RPC 1.8(k), prohibiting a lawyer from having sexual relations with a current client unless a consensual sexual relationship existed between them at the commencement of the client-lawyer relationship; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation; and RPC 8.4(1), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e)).
Marsha A. Matsumoto represented the Bar Association. Leland G. Ripley represented Mr. Wolfley. |