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Gerald L. Casey (WSBA No. 2587, admitted 1965), of Port Orchard, was ordered to receive a reprimand, effective August 5, 2005, following a stipulation approved by a hearing officer. This discipline was based on his conduct in 2001 and 2002 involving contacting parties known to be represented by counsel.
Mr. Casey represented an injured client in a workers’ compensation claim. In November 2001, Mr. Casey received a letter from a lawyer advising Mr. Casey that he represented the client’s employer and its workers’ compensation claims administrator (Company A), and directing Mr. Casey to send all correspondence regarding the matter to him. Upon receipt of the letter, Mr. Casey sent the lawyer a letter acknowledging the lawyer’s appearance. Although he disagreed with the assertion that he was precluded from contacting Company A, stating that it was common practice for the employee’s lawyer to communicate with the workers’ compensation plan administrator, Mr. Casey agreed to limit his communications regarding the matter to Company A’s lawyer. In December 2001 and February 2002, having become frustrated with the manner in which the claim was being administered by Company A and its lawyer, Mr. Casey sent letters to a claims representative at Company A complaining about how the matter was being handled. Mr. Casey received a letter from Company A’s lawyer demanding that he cease communicating directly with his client. By letter, Mr. Casey agreed not to contact Company A directly and again advised the lawyer that he disagreed that RPC 4.2 prohibited him from contacting Company A. In August 2002, still frustrated with administration of the claim, Mr. Casey again wrote directly to Company A and sent a copy of the letter directly to the represented employer.
Mr. Casey’s conduct violated RPC 4.2, prohibiting a lawyer, in representing a client, from communicating about the subject of the representation with a party that the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
Leslie C. Allen represented the Bar Association. Gerald L. Casey represented himself. Charles K. Wiggins was the hearing officer. |