Facts: Petitioner Mark Stansfield was suspended from the practice of law for six months following a hearing before the respondent Washington State Bar Association’s disciplinary board, which found that Stansfield had violated Washington Rules of Professional Conduct §1.2(f) and Washington Rules of Professional Conduct §1.9 by purporting to represent a person without authority and by representing clients with adverse interests. Stansfield appealed the disciplinary board’s sanction to the Supreme Court of Washington, asserting that the disciplinary board had erred in failing to adopt the hearing officer’s findings regarding his motives and state of mind.
Question(s): Did the disciplinary board err in failing to adopt the hearing officer’s findings that Stansfield’s motives were beneficent and that his violations of rules of professional conduct were the result of negligence rather than willful malfeasance?
If so, what is the proper sanction?
Conclusion: Justice Chambers’ opinion for the Court concluded that substantial evidence supported the hearing officer’s findings regarding Stansfield’s motives and state of mind and that the disciplinary board erred in failing to adopt them. The Court also held that the disciplinary board erred in finding that the vulnerability of the victim constituted an aggravating factor with regard to Stansfield’s violation of §1.2(f) insofar as there was no evidence that Stansfield, having never met his purported client in person, was aware of the characteristics that rendered them vulnerable or in any way acted to exploit them. Thus, the Court reduced Stansfield’s penalty to a reprimand and restitution to his clients.
Docket No. 479-2
Petitioner: Mark Stansfield
(Counsel: Mark Stansfield and Leland G. Ripley)
Respondent: Washington State Bar Association
(Counsel: Natalea Skvir)
Argument: Tuesday, January 15, 2008 1:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, July 17th, 2008
Prevailing Party: Mark Stansfield (Petitioner)
Vote: 5-4
Citation: Pending
Court: Alexander4 Court (2008-2009)
Alexander
Johnson
Madsen
Sanders
Chambers
Owens
Fairhurst
Johnson
Stephens
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form.