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Clinton L. Morgan (WSBA No. 22181, admitted 1992), of Olympia, was suspended for nine months, effective November 10, 2008, by order of the Washington State Supreme Court following approval of a stipulation. This discipline was based on conduct involving a conflict of interest.
In fall of 2001, Mr. Morgan was hired by a client (Ms. Y) to represent her in her dissolution. Mr. Morgan filed the dissolution petition on December 12, 2001. Mr. Morgan and Ms. Y developed an attraction to one another and eventually entered into an inappropriate intimate relationship. There are conflicting accounts as to whether this relationship commenced in January or February 2002. On January 28, 2002, Mr. Morgan filed a notice of withdrawal and substitution in Ms. Y’s case, substituting an associate at his law firm as attorney of record. Mr. Morgan did not tell this associate about his inappropriate intimate relationship with Ms. Y. According to the associate, she regularly asked Mr. Morgan for advice on Ms. Y’s case. Mr. Morgan denies this.
In May 2002, Ms. Y’s husband confronted Ms. Y about the nature of her relationship with Mr. Morgan, and became increasingly hostile to her. In late July or early August 2002, Mr. Morgan’s associate asked Mr. Morgan to help negotiate a settlement of Ms. Y’s case with opposing counsel. Mr. Morgan agreed and became actively involved in settlement negotiations. He finalized the financial aspects of the settlement. Prior to his re-entry into the case to negotiate the settlement, Mr. Morgan did not advise Ms. Y of any potential conflicts of interest or the risks of his representing her in light of their inappropriate intimate relationship, and did not have her sign a written waiver. The settlement was completed in August 2002 and the dissolution became final the next month. Mr. Morgan and Ms. Y’s relationship ended several months later. In 2004, when Ms. Y was having difficulty living with the financial settlement, she sought counsel from other lawyers and subsequently brought a malpractice action against Mr. Morgan, his associate, and his law firm, which settled. Ms. Y filed a grievance with the Association after the settlement of the malpractice case.
Mr. Morgan’s conduct violated former RPC 1.7(b), prohibiting a lawyer from representing a client if the representation may be materially limited by the lawyer’s own interests, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents in writing after full disclosure.
Joanne S. Abelson represented the Bar Association. Kenneth S. Kagan represented Mr. Morgan. |