Discipline Notice - Craig E. Kastner

License Number: 8141
Member Name: Craig E. Kastner
Discipline Detail
Action: Reprimand
Effective Date: 5/10/2002
RPC: 3.3 - Candor Toward the Tribunal
Discipline Notice:
Description: Craig E. Kastner (WSBA No. 8141, admitted 1978), of Poulsbo, received a reprimand on May 10, 2002, based on a stipulation approved by the Disciplinary Board in January 2002. This discipline is based on his failure to disclose to the tribunal all relevant facts in an ex-parte proceeding.
Mr. C, a former tenant at an Issaquah building “property”, retained Mr. Kastner in May 2000 to represent him in a pending suit against the property owner and the roofing company that installed the new roof at the property. Mr. C sought damages based on exposure to roofing materials. Attorney, Mr. S, represented the property owner until she was dismissed in June 2000. On or before March 2001, Mr. Kastner contacted Mr. S about removing a sample of the roof for testing. Mr. S told Mr. Kastner he did not see a problem in permitting him to obtain a sample of the roof, and that he would seek the new building owner’s approval. Mr. Kastner prepared and filed a Motion for Taking Sample of Roofing Material and Declaration in Support of Motion dated March 23, 2001. The March 23 Declaration stated, “I have contacted the attorney who represented the owner of the building before being dismissed, . . and he did not believe there would be a problem in obtaining a sample of the roof.” Mr. S called Mr. Kastner before April 3, 2001 to notify him that the property owner would not voluntarily agree to the removal of the roof sample. On April 3, 2001, Mr. Kastner obtained a judge’s signature on the proposed order permitting the sample. Mr. Kastner did not advise the court that Mr. S told him that the property owner would not voluntarily agree to the removal of the sample. On April 19, the sample was removed from the property.
Mr. Kastner’s conduct violated RPC 3.3, requiring a lawyer, in an ex-parte proceeding, to inform the tribunal of all relevant facts known to the lawyer that should be disclosed to permit the tribunal to make an informed decision, whether or not the facts are adverse.
Nancy Miller represented the Bar Association. Patrick C. Sheldon represented Mr. Kastner.


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