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Donovan R. Bigelow (WSBA No. 20455, admitted 1986), of Seattle, has been disbarred by order of the Supreme Court effective December 7, 1999, following a stipulation approved by the Disciplinary Board on September 17, 1999. The discipline is based upon his unlawful attempt to induce a witness in an official proceeding to fail to attend the hearing.
Mr. Bigelow represented the criminal defendant in a rape of a child in the third-degree charge. Mr. Bigelow spoke with the victim’s mother by telephone on at least four occasions. During the first conversation, Mr. Bigelow told the mother that the prosecutor’s case would not be successful without her son’s testimony. He also told her that if the client did not go to jail, the client would be in a position to compensate the child for what the client did. He told the mother that the Prosecutor’s Office would threaten to arrest the mother and son if they did not show up for court, but that nothing would really happen.
During the next phone call, Mr. Bigelow told the victim’s mother they should meet in person to discuss her son’s attendance at the Art Institute of Seattle. The mother stated that she met with Mr. Bigelow and they discussed the client paying for the victim’s schooling and counseling, and what would happen if the victim and the mother did not testify against the client. Although the prosecutor had not notified Mr. Bigelow of the date of the defense interview with the victim, Mr. Bigelow appeared on time the next day. During this interview, the victim’s mother told the prosecutor and Mr. Bigelow that she did not want to cooperate and that the lawyers should settle the case.
Mr. Bigelow left a phone message for the mother two days prior to the trial date, stating that he desperately needed to talk to her. At this point, the court authorized recording of any telephone conversations between the mother and Mr. Bigelow. When the mother returned the call, Mr. Bigelow referred to earlier conversations and his client’s willingness to compensate the mother and her son. He also stated that if the mother and son testified as expected, the client would surely end up in prison and a civil suit would not be successful. Mr. Bigelow asked whether the witnesses would be appearing in court. When the mother said no, Mr. Bigelow told her he would let her know whether the prosecutor sought a warrant for their arrest. As a result of his actions, Mr. Bigelow pleaded guilty to Attempted Tampering with a Witness in violation of RCW 9A.72.120(1)(b), a gross misdemeanor. Mr. Bigelow’s conduct violated RPC 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; and RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation. Mr. Bigelow’s conduct also violated RLD 1.1(c) by violating his Oath of Attorney to abide by the laws of the State of Washington.
Timothy Leachman and Joy McLean represented the Bar Association. Mr. Bigelow represented himself.
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