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Louis B. Byrd Jr. (WSBA No. 19659, admitted 1990), of Vancouver, has been ordered censured pursuant to a stipulation approved by the Disciplinary Board on September 29, 2000. This discipline is based on Mr. Byrd’s direct contact with represented parties.
Mr. Byrd represented a student and his parents regarding an individualized education program (IEP) for the student as required by the Individuals with Disabilities Education Act.
On August 24, 1999, the school district’s representative faxed Mr. Byrd a letter stating that RPC 4.2 prohibited him from making any direct contact with individuals in the school district regarding the case. Mr. Byrd immediately responded, stating that as the client’s agent, he had authority to communicate with some district personnel about educational issues.
In September and October 1999, Mr. Byrd sent letters to district personnel asking that a meeting date be rescheduled, and questioning the qualifications of the members of a school district IEP review panel.
On October 25, 1999, the school district representative sent a letter to Mr. Byrd objecting to his contacting the district regarding another student. Mr. Byrd responded that he had no intention of contacting the district representative for issues that were not directly in litigation at either an administrative or local court level.
On January 21, 2000, Mr. Byrd sent his 10-day notice of intent to file due process litigation directly to the school district superintendent.
Mr. Byrd’s conduct violated RPC 4.2, prohibiting lawyers from communicating about the subject matter of the representation with persons the lawyer knows are represented by counsel, without consent of the other lawyer or legal authority to do so.
Nancy Miller represented the Bar Association. Mr. Byrd represented himself.
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