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Mariano Morales Jr. (WSBA No. 19213, admitted 1989), of Yakima, received a reprimand, following a hearing. The discipline is based upon his failure to avoid conflicts of interest, and submitting a declaration using a client’s secrets to her disadvantage in 1999.
In 1999, Mr. Morales represented a husband in a criminal proceeding alleging that the client assaulted his wife. When the husband and wife wanted to reconcile, Mr. Morales represented the wife in her attempt to modify, and later terminate, the no-contact order issued in the criminal proceeding. Mr. Morales did not consult with either client regarding the conflicts involved in this representation.
While representing the wife, Mr. Morales prepared and filed a declaration stating that the wife did not believe she was an assault victim. Six months later, the husband filed for dissolution of their marriage and moved ex parte for a restraining order requiring the wife to vacate the family home. In support of the husband’s motion, Mr. Morales signed a declaration stating he had great concern that the wife, out of anger, would falsely charge the husband with assault.
Mr. Morales’ conduct violated RPCs 1.7(a) and (b), prohibiting lawyers from representing clients if the representation will be directly adverse, unless the lawyer reasonably believes the representation will not be affected, and the clients consent in writing following a full disclosure; and 1.9(b), prohibiting lawyers from representing a client in the same or a substantially related matter if the client’s interests are materially adverse to a former client, unless the former client consents in writing after a full disclosure.
Joanne Abelson and Dan W. Keefe represented the Bar Association. Kurt Bulmer represented Mr. Morales. The hearing officer was James M. Danielson.
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