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F. Daniel Graf (WSBA No. 18294, admitted 1988), of Olympia, was disbarred, effective July 8, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct involving multiple episodes of sexual relations with current clients, and his conduct in permitting false information to be submitted to a tribunal in connection with the disciplinary proceeding.
Commencing in the early 1990s and continuing through 2003, Mr. Graf had sexual relations with five current clients. Mr. Graf did not adequately disclose to the clients information about how such a relationship could affect their interests or obtain written consent from the clients as to any conflicts of interest.
Prior to his disciplinary hearing, Mr. Graf assisted disciplinary counsel in obtaining a signed declaration from one of the clients with whom Mr. Graf had had sexual relations. The declaration falsely stated that the relationship between the client and Mr. Graf had been professional, not personal. Although Mr. Graf knew the statement was false and knew that the information was expected to be admitted into evidence at the disciplinary hearing, Mr. Graf delivered the declaration to disciplinary counsel and took no steps to correct the information.
Mr. Graf's conduct violated RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.7(b), prohibiting a lawyer from representing a client if the representation of that client 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 of material facts; 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(c), prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation.
Jonathan H. Burke represented the Bar Association. Mr. Graf represented himself. Andrekita Silva was the hearing officer. |