THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Active links to directory listings, RPC definitions, and documents related to the disciplinary matter can be found at the links below or by looking up the respondent in the legal directory on the WSBA website (www.wsba.org) and then scrolling down to “Discipline History.”
As some WSBA members share the same or similar names, please read all disciplinary notices carefully for names, cities, and bar numbers.
Find prior Discipline & Other Regulatory Notices here.
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Resigned in Lieu of Discipline
Floyd Edwin Ivey (WSBA No. 6888, admitted 1976) of Kennewick, resigned in lieu of discipline, effective 2/07/2022. Ivey agrees that he is aware of the alleged misconduct in disciplinary counsel’s Statement of Alleged Misconduct and rather than defend against the allegations, wishes to permanently resign from membership in the Association. The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 1.8 (Conflict of Interest: Current Clients: Specific Rules), 1.15A (Safeguarding Property), 3.1 (Meritorious Claims and Contentions), 4.4 (Respect for Rights of Third Person), 8.4(a) (Attempt, Assist or Induce), 8.4(d) (Prejudicial to the Admin of Justice), 8.4(j) (Violate a Court Order).
Ivey’s alleged misconduct, as stated in disciplinary counsel’s Statement of Alleged Misconduct, related to his representation of a client in a product licensing litigation matter. Ivey’s alleged misconduct includes: 1) bringing proceedings and/or asserting or controverting issues without a basis in law and fact for doing so that was not frivolous; 2) filing appeals and motions that had no substantial purpose other than to embarrass, delay, or burden a third person; 3) directing the manufacturer to refuse to transfer the product molds to the opposing party in violation of a court order; 4) entering into a business transaction with clients without obtaining informed consent, without advising the clients of the desirability of seeking independent legal advice, and without giving the clients a reasonable opportunity to obtain such advice; 5) commingling personal funds with client funds in a client trust account; and 6) using funds in a client trust account to pay expenses unrelated to the representation.
Francisco Rodriguez acted as disciplinary counsel. Floyd Edwin Ivey represented himself. The online version of Washington State Bar News contains a link to the following document: Resignation Form of Floyd Edwin Ivey (ELC 9.3(b)).
Suspended
Geoffrey Colburn Cross (WSBA No. 3089, admitted 1968) of Tacoma, was suspended for nine months, effective 1/27/2022, by order of the Washington Supreme Court. The lawyer’s conduct violated the following Rules of Professional Conduct: 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients).
In relation to his representation of a client in a criminal matter and his subsequent involvement in a related civil matter, the Disciplinary Board recommended, and the Supreme Court ordered, that Cross be suspended following a hearing. Cross was found to have violated the Rules of Professional Conduct by providing to his client’s adversary’s counsel a written declaration containing a client confidence relating to their previous lawyer client relationship, without his client’s permission or informed consent.
Scott G. Busby and Benjamin Attanasio acted as disciplinary counsel. Pamela J. DeVet represented the respondent. John A. Bender Jr. was the hearing officer. Carl J. Oreskovich was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Decision; Disciplinary Board Order Adopting in Part, Reversing in Part, and Modifying in Part, Hearing Officer’s Decision; and Washington Supreme Court Order.
Interim Suspension
Benjamin Andrew Pepper (WSBA No. 49692, admitted 2015) of Bellingham, is suspended from the practice of law in the State of Washington pending the outcome of disciplinary proceedings, effective 2/16/2022, by order of the Washington Supreme Court. This is not a disciplinary sanction.