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Michael Danko (WSBA No. 14312, admitted 1984), of Seattle, received a reprimand effective June 30, 2004, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 2000 and 2001 involving conflict of interest and loaning money to a client in a litigation matter.
In January 2000, Mr. Danko agreed to represent two clients in personal-injury claims against a trucking company (Company). In January 2001, Mr. Danko loaned client B money to pay his union dues. Mr. Danko prepared a waiver-of-conflict-of-interest form stating that if a conflict developed, he would withdraw from representing both clients. In November 2001, client A's claim settled. She did not sign the conflict-waiver form until July 2002. In May 2001, client B discharged Mr. Danko and retained new counsel. In December 2001, client A told Mr. Danko that client B overstated his injuries. Mr. Danko advised the client that she could contact the Company. At client A's request, Mr. Danko arranged a meeting between client A and the Company's lawyer. Client A gave deposition testimony adverse to client B's interests. Mr. Danko represented client A at this deposition.
Mr. Danko's conduct violated RPCs 1.8(e), prohibiting loaning money to a client while representing the client in contemplated or pending litigation, except costs of litigation; 1.7(b), prohibiting representing a client if the representation may be materially limited by the lawyer's responsibilities to another client, unless the lawyer reasonably believes the representation will not be adversely affected and the clients consent in writing after a full disclosure; 1.9(a), prohibiting a lawyer who has formerly represented a client from representing another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client, unless the former client consents in writing after consultation and a full disclosure of the material facts.
Scott G. Busby represented the Bar Association. John T. Dalton represented Mr. Danko. Gregory A. Dahl was the hearing officer. |