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Todd A. Peterson (WSBA No. 23756, admitted 1994), of Portland, Oregon, was suspended for 30 days, effective February 2, 2006, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Oregon following a stipulation. This discipline was based on Mr. Peterson's conduct involving communication with a person represented by counsel. Mr. Peterson is to be distinguished from Todd L. Peterson of San Francisco.
In August 2004, a client terminated Mr. Peterson's employment as his lawyer in a personal-injury matter and hired new counsel. In September 2004, a dispute arose between Mr. Peterson and the former client over the amount of Mr. Peterson's fee and his entitlement to a lien against any proceeds from the settlement of the personal-injury matter. The new lawyer undertook to represent Mr. Peterson's former client in the fee dispute. Although he knew that his former client was represented by counsel in this dispute, Mr. Peterson communicated directly with the former client by letter on the subject of the personal-injury matter, the amount of the fee, and his entitlement to recover his fee from the proceeds of the personal-injury matter.
Mr. Peterson's conduct violated Oregon RPC 4.2, which prohibits a lawyer, when representing a client or the lawyer's own interests, from communicating or causing another to communicate on the subject of the representation with a person the lawyer knows to be represented by a lawyer on that subject unless (a) the lawyer has prior consent of the lawyer representing such other person, (b) the lawyer is authorized by law or by court order to do so, or (c) a written agreement requires a written notice or demand to be sent to such other person, in which case a copy of such notice or demand shall also be sent to such other person's lawyer.
Felice P. Congalton represented the Bar Association. Mr. Peterson represented himself. |