Facts: Respondent Washington State Bar Association conducted disciplinary proceedings against petitioner attorney Larry Botimer for violating Wash. Rules of Prof. Conduct 1.6, 1.7(b), and 1.9(b). Botimer was charged with the violations in the representation of and legal services provided to a client, including the failure to obtain informed consent in writing to a conflict of interest and improper disclosure of client confidences. Botimer never disputed the fact of not obtaining consent for multiple representation. The hearing officer recommended a six-month suspension for Botimer from practicing the law, and the Disciplinary Board adopted the recommended sanction. Botimer appealed the recommended sanction of the hearing officer, seeking dismissal of all the charges and challenged the findings of fact for all the violations. In addition, the Board denied Botimer’s motion to reopen disciplinary proceedings in order to introduce what he categorized as new evidence. The Supreme Court of Washington granted Botimer’s petition for review.

Question(s): Did the Board err when it affirmed the hearing officer’s finding of fact and conclusions of law with regard to Botimer’s alleged violations?

Did the Board err when it affirmed the hearing officer’s recommended sanction of a six-month suspension for Botimer’s multiple violations?

Did the Board abuse its discretion when it denied Botimer’s motion to reopen disciplinary proceedings to hear new evidence?

Conclusion: Justice Owens’ opinion for a unanimous Court held that the record showed substantial evidence supporting the hearing officer’s findings of fact and conflict conclusion of law under former Wash. Rule of Prof. Conduct 1.7(b). Botimer was also bound to hold in confidence information related to representation of one claim and his failure to do so was a violation of Wash. Rules of Prof. Conduct 1.6 and 1.9(b) because the disclosure occurred before any court order was issued. Finally, Botimer’s attempt to reargue the facts were unavailing, and his interpretation of the governing law misapprehend the nature of his duty under the Rules of Prof. Conduct. The Court therefore affirmed Botimer’s suspension from the practice of law for six-months.

Docket No. 200,625-6 (from WSBA Case No. 23805)

Petitioner: Larry Botimer

(Counsel: Paul E. Simmerly)

Respondent: Washington State Bar Association

(Counsel: Rany V. Beitel)

Briefs:

Argument: Tuesday, May 19, 2009 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, August 20th, 2009

Vote: 9-0

Opinion: 166 Wn.2d 759 (2009)

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen

Sanders

Chambers

Owens

Fairhurst

Johnson

Stephens

Opinion