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Jeffrey L. Needle (WSBA No. 6346, admitted 1975) of Seattle, was suspended for 60 days, effective July 26, 2006, by order of the Washington State Supreme Court, following a hearing. This discipline was based on his conduct in 2002 involving use of means that had no substantial purpose other than to embarrass or burden a third person, commission of the crime of fourth-degree assault, conduct prejudicial to the administration of justice, and violation of the oath of attorney.
In October 2002, Mr. Needle was attending a deposition on behalf of the plaintiff in a wrongful-termination action. Prior to the deposition, there had been an atmosphere of disagreement between Mr. Needle and the lawyer representing the defendant. The deposition had been ordered following a motion to compel, opposed by Mr. Needle. At the commencement of the deposition and in its early stages, Mr. Needle appeared irritated and angry. At times during the deposition, the witness sobbed and cried. As the deposition progressed, Mr. Needle became more hostile and angry, raising his voice. Just over halfway through the deposition, Mr. Needle began to criticize the defendant’s lawyer and call her names in an unprofessional manner. Mr. Needle characterized the defendant’s lawyer as “a disgrace” and “a total ass.” When the defendant’s lawyer advised Mr. Needle to start acting like a civilized person, Mr. Needle told her that she did not deserve civilized treatment.
After the deposition was concluded, Mr. Needle confronted the defendant’s lawyer in the deposition conference room. Mr. Needle approached the defendant’s lawyer in a hostile manner and raised his voice. He came within six to eight inches of her face and body and yelled unprofessional remarks, frightening both her and the court reporter. As Mr. Needle continued to push towards her, the defendant’s lawyer placed her left hand on the front of Mr. Needle’s right shoulder area, thereby attempting to restrain Mr. Needle’s motion toward her as she was being backed up against the conference room table. She asked Mr. Needle several times to “leave” or “just to leave.” Mr. Needle persisted, continuing his unprofessional verbal comments to her. Once or twice, Mr. Needle told the defendant’s lawyer to remove her hand from him. When she failed to do so, Mr. Needle struck her on the left side of her face with his palm. Mr. Needle then turned and departed.
Mr. Needle was subsequently arrested and charged with fourth-degree assault. The criminal matter was resolved pursuant to an agreement to continue the case for dismissal. In the wrongful-termination action, the superior court judge removed Mr. Needle as legal counsel and held Mr. Needle personally responsible for attorney’s fees and costs incurred in connection with the motion. Following the incident, the defendant’s lawyer experienced swelling, redness, bruising, and pain to the left side of her face. The day after the incident, the defendant’s lawyer went to see a physician and was sent to a radiologist for a CT scan, incurring medical expenses of $1,277.54.
Mr. Needle’s conduct violated RPC 4.4, prohibiting a lawyer, in representing a client, from using means that have no substantial purpose other than to embarrass, delay, or burden a third person; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (in this case, assault) that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(k), prohibiting a lawyer from violating his or her oath as an attorney.
Debra J. Slater represented the Bar Association. James E. Lobsenz represented Mr. Needle. Julian C. Dewell was the hearing officer. |