In re Heard

963 P.2d 818 (1998)

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In re Heard

Washington Supreme Court
963 P.2d 818 (1998)

Facts

Katrina Menz was in a motorcycle accident and suffered severe head injuries as a result. After multiple surgeries, Menz remained significantly impaired, psychologically and physically. Menz hired attorney James Heard (defendant) to represent her in her lawsuit relating to the accident. Before the case settled, Heard visited Menz at her home and, despite knowing that Menz had a history of alcohol and drug abuse, invited Menz to a cocktail lounge to discuss the case. Menz told Heard that she should not drink, but Heard gave her two cocktails. After several drinks, and despite knowing of Menz’s psychological and physical impairments resulting from her accident, as well as her history of sexual abuse, Heard took Menz to his home, where the two engaged in consensual sexual relations. The Washington State Bar Association Disciplinary Board (board) (plaintiff) determined that Heard had committed an act of moral turpitude by engaging in sexual relations with a vulnerable client and suspended Heard from the practice of law for two years. Heard appealed the board’s decision.

Rule of Law

Issue

Holding and Reasoning (Talmadge, J.)

Dissent (Sanders, J.)

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