Court Case: Heard V. Washington States

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1. Whether negotiating and advising a client to accept a settlement agreement that includes worthless interests, then keeping all the cash from the settlement absent both the clients consent and a bill of accounting violates the Washington State rules for professional conduct.
2. Whether an attorney initiating a sexual relationship with a vulnerable client and providing alcohol to them is an act of moral turpitude under the Rules of Lawyer Discipline.
Facts:
Attorney James Heard represented a client in a civil suit for injuries she had incurred as the passenger of a motorcycle accident including a severe head injury that induced a week-long coma. Mr. Heard was retained by the client’s mother and a contingency fee of one third of the settlement was agreed upon though the client did not sign the agreement. The client, a 23-year-old woman who was still undergoing surgeries related to her injury and had a history of drug and alcohol abuse, was procured guardian ad litem during the same suit by Mr. Heard. …show more content…
Heard recovered a combined $50,000 in cash settlements from both the client and the motorcycle’s co-owner’s insurance companies. The driver, however was uninsured so Heard negotiated a settlement that included the driver’s car, which he valued at $15,000 without having an appraisal done, a promissory note allegedly worth $35,000, and a quitclaim deed that allegedly represented a $50,000 interest in a relative’s real estate. Mr. Heard did verify the relative was a sole owner of the property and intended to sell, however he did not communicate this to his client. Heard then advised his client to sign the settlement. The driver’s sister subsequently sold the property but Mr. Heard’s client never received the deed for the $50,000

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