Schafer Law Firm
Washington Building, Suite 1302
1019 Pacific Avenue
P.O. Box 1134
Tacoma, Washington 98401-1134
(253) 383-2167 (Fax: 572-7220)
April 16, 1999
Review Committee III of the Disciplinary Board
c/o Julie Shankland, Counsel/Clerk to the Board
Washington State Bar Association
2101 - 4th Ave., 4th Floor
Seattle, WA 98121-2330Re: Grievance of William L. Hamilton against me.Dear Committee Members:
WSA File: 9601244
Today I received notice that you ordered this grievance against me to a hearing, finding "There is sufficient evidence of unethical behavior to take further action." Disciplinary counsel recommended discipline for three distinct alleged acts of misconduct: (1) disclosing a confidence or secret of my former client, Mr. Hamilton, (2) knowingly making a false statement to Pierce County Superior Court Commissioner James Orlando incident to "checking-out" a court file, and (3) knowingly making a false statement in a written declaration in which I summarized my earlier conversation with Mr. Hamilton.
I do not question your order for a hearing on the first allegation, which I will defend on various principled grounds. However, the notice does not indicate that your committee separately considered and found as to the second and third allegations sufficient evidence to prove misconduct by a clear preponderance of the evidence. I most strongly believe that no reasonable person could reach such a conclusion as to the second and third allegations, and that they were merely "piled-on" to the case strategically to bolster (by impugning my integrity) the first and primary allegation. Disciplinary counsel even admitted to me that the second and third allegations likely would not have been prosecuted without the first.
Because of the extremely heavy costs (financial and otherwise) imposed upon all parties involved in disciplinary proceedings, please specifically indicate if your committee found the requisite threshold of evidence to warrant proceeding to a hearing on the second and third allegations. Thank you very much for your courtesy in this matter.
cc: Timothy L. Leachman, Disciplinary CounselVery truly yours,
Douglas A. Schafer
Charles K. Wiggins, Chair of Discip. Bd. (c/o Ms. Shankland)