In re the Disciplinary Proceeding against Halverson

140 Wash. 2d 475
CourtWashington Supreme Court
DecidedApril 27, 2000
DocketNo. 01518-0
StatusPublished
Cited by75 cases

This text of 140 Wash. 2d 475 (In re the Disciplinary Proceeding against Halverson) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Disciplinary Proceeding against Halverson, 140 Wash. 2d 475 (Wash. 2000).

Opinions

Ireland, J.

In this Washington State Bar Association (WSBA) disciplinary case, this Court must determine (1) [478]*478whether the WSBA Disciplinary Board (the Board) properly found that Lowell Halverson’s sexual relationship with a dissolution client resulted in his violation of Rules of Professional Conduct (RPC) 1.7(b), 1.4(b) and 2.1, but did not result in a violation of RPC 1.8(b) and 1.13(a), and Rules for Lawyer Discipline (RLD) 1.1; and (2) whether the Board properly sanctioned Halverson with a six-month suspension and two-year probation. We affirm the Board’s determination as to whether or not there was a violation of each of the charges, but increase the suspension to one year, finding the lesser sanction inadequate to serve the purposes of attorney discipline.

FACTS

Lowell K. Halverson has been a member of the WSBA in private practice since 1968, concentrating on family law for the last 20 years. He has lectured and published extensively in this area. From 1990-91, Halverson served as president of the WSBA.

Although Halverson has been married to his wife, Diane, since 1964, he admits that since the early 1970s he has had consensual sexual relationships with six different female clients. Five of these clients retained Halverson as their attorney before the sexual relationship began. The most recent of these relationships was with Liisa Wickersham, the grievant in this action. Halverson first met Wicker-sham in 1989 when Wickersham accompanied a friend to Halverson’s office. At this point, Wickersham was married to an attorney, Neil Sarles.

During this office visit, Halverson gave Wickersham and her friend a personality questionnaire that he regularly used with clients; he also asked Wickersham if she might like to work in his office on a special project involving artwork. Following this meeting, Wickersham worked at Halverson’s office for a few months until early in 1990.

Wickersham retained Halverson as her attorney in May 1991, at which time Halverson administered another [479]*479personality questionnaire. Wickersham’s testimony conflicts as to whether her intention at this point was a trial separation from her husband or dissolution. In any event, Halverson filed a dissolution petition on her behalf in June 1991, and Wickersham moved out of her husband’s house in early July.

Later in July while at Halverson’s office, Wickersham confided to him that she was “attracted to [her] attorney.” Report of Proceedings (RP) at 509. Shortly thereafter, following a successful court appearance, Halverson took Wickersham on a tour of photographs displayed at the Rainier Club in Seattle. According to Halverson, while on the tour, Wickersham suggested that they get a room, but Wicker-sham denies this occurred.

Both agree, however, that after the tour they went to a restaurant on the waterfront where they expressed a mutual attraction and discussed Halverson’s “ground rules” for a potential relationship: Halverson’s wife could not find out about the affair and there could be no bonding between Halverson and Wickersham’s young daughter. According to Halverson, he explained to Wickersham that a potential relationship between them would not be of any significance to the pending divorce action if these “ground rules” were followed. Wickersham herself recognized the need for them to be discreet because of Halverson’s high profile as president of the WSBA.

Halverson, however, did not advise Wickersham of the possible ramifications if the relationship were to become known. For example he did not tell her that, if Sarles were to discover the relationship, he would most likely become less willing to compromise in the divorce proceeding and that this would increase the complexity and cost of the dissolution and could impact the custody determination. Neither did Halverson advise Wickersham that either his wife’s or Sarle’s discovery of the affair could lead to his withdrawal as her attorney.

Halverson and Wickersham agreed to see each other within the next few weeks when Halverson’s wife left on a [480]*480trip to Australia. After Halverson’s wife left the country, Wickersham called Halverson at his office and they made plans to get together. At Halverson’s home that evening, Halverson and Wickersham had sexual intercourse while Wickersham’s young daughter slept in the next room. For the next six months, Wickersham and Halverson maintained a sexual relationship seeing each other whenever they could.

On January 1, 1992, Halverson’s wife discovered the affair. Within a few days, Halverson withdrew as Wicker-sham’s attorney because he felt that he had lost his objectivity and could no longer keep his roles separate, particularly in view of his wife’s position as his office manager. Halverson temporarily moved out of his home and continued his personal relationship with Wickersham for several weeks. In mid-February, however, Halverson told Wickersham that he was returning to his wife.

Meanwhile, Halverson provided Wickersham with the names of several other attorneys who could take over her case. Although Wickersham wanted Halverson to continue as her attorney, he refused, and Wickersham, thus, hired another attorney, Eric Watness, to complete her dissolution. Halverson transferred the balance of Wickersham’s account to Watness and wrote off her outstanding bill to him. There is no evidence that Halverson at any time revealed any client confidences or otherwise used information obtained from Wickersham.

Wickersham did not tell Watness about her relationship with Halverson until almost three months after she retained him. Watness believed Wickersham was “at times anxious, particularly fixated on the relationship between herself and Mr. Halverson, at times unable to focus off of that and onto resolution of issues, development of facts, that sort of thing.” RP at 576. Nonetheless, Watness also testified that Wickersham assisted him on her case “in an intelligent and competent way.” RP at 573. Watness represented Wickersham until September 1992, when her case settled and a decree of dissolution was entered. Over[481]*481all, Watness felt Wickersham received a “fair outcome” in her case. RP at 559.

A year later in October 1993, Wickersham complained to the WSBA about Halverson’s conduct and, in 1994, filed a civil lawsuit. Wickersham’s civil suit against Halverson settled in 1995 by sealed agreement for a substantial sum and with no admission of liability. Wickersham’s former husband subsequently sued Wickersham and received one-half of the settlement.

The WSBA filed a formal complaint against Halverson in February 1997. Following proceedings in December 1997 and February 1998, the hearing officer issued findings of fact and conclusions of law and recommended a sanction consisting of six months’ suspension and two years’ probation with the conditions that Halverson disclose to female clients the purpose of his discipline and continue treatment with his mental health physician.

Halverson appealed the hearing officer’s decision to the Board. The 14-member Board unanimously upheld the hearing officer’s findings of fact and conclusion that Halverson violated RPC 1.7(b). By split decision, the Board rejected the hearing officer’s conclusions that Halverson violated RPC 1.8(b) and 1.13(a) but did not violate RPC 1.4(b), and approved the hearing officer’s conclusions that Halverson violated RPC 2.1 but did not violate RLD 1.1 and 2.8.

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Bluebook (online)
140 Wash. 2d 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-disciplinary-proceeding-against-halverson-wash-2000.