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A. Graham Greenlee (WSBA No. 890, admitted 1968), of Seattle, was suspended for six months, effective October 15, 2006, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in 2004 involving a conflict of interest. For additional information, see In re Disciplinary of Greenlee, 158 Wn.2d 259, 143 P.3d 807 (2006).
Mr. Greenlee represented a client in a personal-injury matter against multiple defendants arising from an automobile collision. The client was unsophisticated, partially disabled, and had a limited level of understanding. She had not progressed beyond the 10th grade and had never graduated from high school. Mr. Greenlee was aware that the client had memory problems and limited understanding. She was a difficult client who incessantly repeated questions, which Mr. Greenlee and his staff were forced to answer for her. Mr. Greenlee eventually withdrew from her case. The client settled the case on her own with the liability insurers, ultimately receiving a settlement check in her and Mr. Greenlee’s name.
Because of his withdrawal, Mr. Greenlee waived any fee in the case but sought reimbursement of $1,595 in costs he had advanced on the client’s behalf. When the client went to Mr. Greenlee’s office to obtain his endorsement on the settlement check, Mr. Greenlee and the client agreed that the costs advanced to the client would be paid from the settlement funds. The client requested written confirmation from Mr. Greenlee that she owed him no money other than the $1,595 in costs. Mr. Greenlee would agree to do so only if the client released him from any claims she might have against him. Accordingly, Mr. Greenlee prepared a settlement agreement and mutual release between himself and the client. The release, a six-page document written in highly technical language, provided that the client agreed to reimburse Mr. Greenlee the $1,595 in costs, that he disclaimed any further financial obligations owing from her to him, and that she agreed to waive any claims she might have against him. The release states the agreement is a final settlement of “mutual claims and causes of action against one another” and that the client agreed to the extinguishment of “any and all claims she may have against A. Graham Greenlee arising out of the services he provided in his representation.” The client signed the release in Mr. Greenlee’s reception area. She had no independent counsel review it with her before signing it and was not advised by Mr. Greenlee in writing that it was appropriate to do so.
Mr. Greenlee’s conduct violated RPC 1.8(h), which prohibits an attorney from making an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement, or settling a claim for such liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith.
Kevin M. Bank represented the Bar Association. Leland G. Ripley represented Mr. Greenlee at the hearing and on appeal to the Disciplinary Board. Phillip H. Ginsberg represented Mr. Greenlee before the Supreme Court. Marc L. Silverman was the hearing officer. |