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Patrick J. Leahy (WSBA No. 10912, admitted 1980), of Tacoma, was ordered to receive a reprimand on September 12, 2007, following a stipulation approved by a hearing officer. This discipline was based on conduct in 2006 involving deceptive conduct.
In July 2006, Mr. Leahy called the home of an individual (KB) who had been in an automobile accident while driving her parents’ car. Mr. Leahy asked for KB, identified himself as Patrick Leahy, and said he was a representative of her parents’ insurer. In fact, Mr. Leahy represented the driver of the other car involved in the accident. Mr. Leahy also told KB that he had some documents he wanted to deliver the next day and asked when would be a good time to have them delivered. The documents to which he was referring were a summons and complaint instituting a lawsuit against KB and her parents based on the accident.
KB asked Mr. Leahy to hold on and got her mother. At that point, KB’s mother knew Mr. Leahy was not an agent of the insurance company, that he represented the other driver in the auto accident involving her daughter, that negotiations had broken down, and that they might be sued. She questioned Mr. Leahy about his identity. He again identified himself as Patrick Leahy from their insurer and asked whether anyone would be home the next day to receive some documents. KB’s mother asked Mr. Leahy about his relationship to the documents, to which he eventually answered by stating that he was working with a process server. When asked if he was a lawyer, Mr. Leahy said no. Mr. Leahy eventually hung up. KB and her parents were served with a summons and complaint by a process server in late August 2006.
Mr. Leahy’s conduct violated RPC 4.1(a), prohibiting a lawyer, in the course of representing a client, from knowingly making a false statement of material fact or law to a third person; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Joanne S. Abelson represented the Bar Association. Leland G. Ripley represented Mr. Leahy. William S. Bailey was the hearing officer. |