Quimbee logo
DMCA.com Protection Status

In re Boelter

985 P.2d 328 (1999)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

In re Boelter

Washington Supreme Court

985 P.2d 328 (1999)

Facts

During an initial conference with attorney Arthur Boelter (defendant), Robert Withey disclosed confidential information from which Boelter inferred that Withey had concealed assets from the Internal Revenue Service (IRS) and a bank. After the representation ended, Withey owed Boelter’s firm a fee balance. Boelter told Withey in a letter that his firm would sue if the fees were not paid within a week and that if a suit had to be filed, Boelter would be forced to reveal that Withey had lied to the IRS and disclose tape-recorded conversations about Withey’s hidden assets. Boelter added that the punishment for perjury was up to one year in jail. Boelter also sent Withey a memo stating that the firm was preparing to sue and suggesting Withey liquidate one of his undisclosed works of art. Boelter and Withey agreed on a payment schedule, but Withey made only one payment. Boelter’s firm sued Withey. Withey’s attorney indicated that Boelter would be paid upon return of the tape recordings of Boelter’s conference with Withey. Boelter provided an affidavit stating that the tapes had been erased. Withey complained to the Washington State Bar Association (WSBA). The WSBA Disciplinary Board (board) found that Boelter had engaged in misconduct by, among other actions, threatening to reveal Withey’s confidences to resolve the fee dispute. On appeal, Boelter argued that he had assumed Withey would raise inability to pay as a defense and the ethical rules permitted a lawyer to reveal client confidences to establish a claim in a fee dispute.

Rule of Law

Issue

Holding and Reasoning (Alexander, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership