Board of Prof. Responsibility v. Chapman, D-06-10.

• Decision Date: 17 January 2007
• Docket Number: No. D-06-10.,D-06-10.
• Parties: BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, v. Frank R. CHAPMAN, Attorney No. 5-1500, Respondent.
• Court: Wyoming Supreme Court

150 P.3d 182

2007 WY 8

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, v. Frank R. CHAPMAN, Attorney No. 5-1500, Respondent.

No. D-06-10.

Supreme Court of Wyoming.

January 17, 2007.

ORDER OF PUBLIC CENSURE

This matter came before the Court upon a "Report and Recommendation for Public Censure," filed herein December 26, 2006, by the Board of Professional Responsibility for the Wyoming State Bar. The Court, after a careful review of the Board of Professional Responsibility's Report and Recommendation, the Respondent's "Section 16 Affidavit," Bar Counsel's "Motion for Public Censure and to File a Report and Recommendation for Discipline," and the file, finds that the Report and Recommendation should be approved, confirmed and adopted by the Court; and that Respondent Frank R. Chapman should be publicly censured in the manner set forth in the Report and Recommendation. It is, therefore,

ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Public Censure, which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

ADJUDGED AND ORDERED that Frank R. Chapman shall receive a public censure for his conduct, and he shall be publicly censured in a manner consistent with the recommended censure contained in the Report and Recommendation for Public Censure; and it is further

ORDERED that, on or before June 1, 2007, Frank R. Chapman shall complete five additional hours of ethics CLE. Such CLE must address discovery/privilege issues and must be pre-approved by Bar Counsel. This CLE requirement is in addition to the mandatory CLE requirements; and it is further

ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Frank R. Chapman shall reimburse the Wyoming State Bar the amount of $49.68, representing the costs incurred in handling this matter, as well as pay the administrative fee of $500.00. Mr. Chapman shall pay the total amount of $549.68 to the Clerk of the Board of Professional Responsibility on or before March 1, 2007; and it is further

ORDERED that the Clerk of this Court shall docket this Order of Public Censure, along with the incorporated Report and Recommendation for Public Censure, as a matter coming regularly before this Court as a public record; and it is further

ORDERED that, pursuant to Rule 4(c) of the Disciplinary Code for the Wyoming State Bar, this Order of Public Censure, along with the incorporated Report and Recommendation for Public Censure, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

ORDERED that the Clerk of this Court cause a copy of the Order of Public Censure to be served upon Respondent Frank R. Chapman; and it is further

ORDERED that the Clerk of this Court transmit a copy of this Order of Public Censure to members of the Board of Professional Responsibility, and the clerks of the appropriate courts of the State of Wyoming.

                BY THE COURT
                /s/ Bartone R. Voight
                BARTON R. VOIGHT
                Chief Justice
                

BEFORE THE BOARD OF PROFESSIONAL RESPONSIBILITY WYOMING STATE BAR STATE OF WYOMING

In the matter of FRANK R. CHAPMAN, WSB Attorney No. 5-1500, Respondent.

Docket Nos. 2006-26

REPORT AND RECOMMENDATION FOR PUBLIC CENSURE

The Board of Professional Responsibility makes the following report and recommendation for public censure and additional discipline, with its findings of fact, conclusions of law, and recommendation to the Supreme Court of Wyoming:

FINDINGS OF FACT

1. Respondent is currently an active member of the Wyoming State Bar and has been since 1976. Respondent resides in Casper, Wyoming.

2. In the spring of 2005, Respondent represented plaintiffs in a lawsuit which alleged defamation by defendants. In the course of Respondent's investigation of the matter, during a phone call, Respondent re-recorded an audio tape of statements made by one of two defendants which had originally been recorded by a third party.

3. During formal written discovery from August to December 2005 by defendants, Respondent revealed the contents of the tape but did not reveal the existence of the audio tape or provide it to defendants even though questions and requests were propounded which required that information to be revealed and that tape to be provided. Instead, Respondent objected on the basis of work product privilege and did not reveal the existence of the tape. Respondent eventually revealed the existence of the tape and provided a copy of it.

4. Subsequently, defendants filed a motion "in aid of discovery". The Court awarded sanctions (in the form of attorney fees) against Respondent's law firm in the amount of $5000.00. That amount has been paid.

5. Respondent's conduct in failing to reveal the existence of the tape and failing to provide a copy of it to the opposing party in a timely manner violated Rule 3.4(d) of the Wyoming Rules of Professional Conduct.

CONCLUSIONS OF LAW

6. Standard 6.23 of the ABA Standards for Imposing Lawyer Sanctions discusses the acts which result in a public censure for violations of Rule 3.4(d): "Reprimand [or public censure] is generally appropriate when a lawyer negligently fails to comply with a court order or...