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Sam K. Eck (WSBA No. 13111, admitted 1969), of Bellevue, has been ordered to receive a reprimand following a hearing. The discipline is based upon his failure to avoid conflicts of interest.
Mr. Eck drafted several estate-planning documents for a husband and wife, including a Family Trust. Mr. Eck also formed a limited liability company for the clients. Over approximately four years, Mr. Eck drafted several amendments to these documents. In 1996, the couple’s relationship deteriorated to the point that the husband wanted to disinherit the wife. During this time, and without disclosing the conflict of interest to the parties, Mr. Eck made changes to the estate planning documents which were potentially detrimental to the wife. Mr. Eck also drafted a gift of $50,000 from the husband to himself. Mr. Eck strongly suggested to the client that he obtain independent legal advice prior to executing the gift to Mr. Eck, which the client did.
Mr. Eck’s conduct violated RPC 1.7, prohibiting lawyers from representing clients whose interests are directly adverse, unless the lawyer reasonably believes that the representation will not adversely affect the lawyer’s relationship with the clients and each client consents in writing, after full disclosure. Mr. Eck’s conduct also violated RPC 1.8(c), prohibiting lawyers from preparing an instrument giving the lawyer a substantial gift from the client, including a testamentary gift, except when the lawyer is related to the donee.
Leland Ripley represented Mr. Eck. Linda Eide represented the Bar Association. The hearing officer was Ron Bland.
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