Divorce Lawyer Says Affair Didn't Affect Ex-Client

Mercer Island divorce attorney Lowell Halverson testified yesterday that his affair with a former client had no impact on her case and did not equate to professional misconduct.

"In my mind, it would not be relevant or even an appropriate area of inquiry under the laws of our state," said Halverson, former president of the Washington State Bar Association.

The state bar has accused Halverson, 54, of having improper sexual relationships with six clients, including Liisa Wickersham, 38, of Seattle, who filed an ethics complaint against him. Penalties can range from a reprimand to disbarment.

The state bar does not specifically ban attorney-client sex, but its disciplinary panel can impose penalties if it finds that a sexual relationship creates a conflict of interest.

At a state bar hearing about his case, Halverson acknowledged yesterday he had a six-month affair with Wickersham in late 1991 and early 1992 while representing her in a divorce and custody proceeding.

But he said he's satisfied their relationship didn't violate state bar rules "under the ground rules that she and I discussed."

Halverson said that before he and Wickersham began their affair, they agreed to keep their professional and personal relationships separate. He said they also agreed he would not have any contact with Wickersham's young daughter, since any "bonding" with the girl could have tainted his objectivity in her child-custody case.

Wickersham was aware of the risks of an affair but chose to proceed anyway, Halverson said.

"Liisa was a very outspoken, direct person who had strong and liberal views on matters," he said. "She was quite forthright in talking about the mechanics of how things would work."

Halverson said it was only after his wife found out about the affair in January 1992 that he felt he had lost his objectivity and could no longer serve as Wickersham's lawyer. He referred her to another lawyer and returned her attorney fees.

Earlier in the day, Wickersham testified that she felt "used" and then "abandoned" when Halverson withdrew as her lawyer. She also said he told her to keep the affair a secret because it could affect her divorce and custody proceedings. Halverson denied that, saying he advises clients to always tell the truth.

Yesterday's testimony included the views of two witnesses regarded as local experts in legal ethics: Seattle University law Professor David Boerner and Bellevue attorney Randolph Gordon. Both said they did not believe Halverson had violated state bar rules.

"The problem is not sex in itself, but whether that sex leads to some professional impropriety," Gordon said.

Additionally, former King County Superior Court Judge Robert Winsor testified that in his view, Wickersham did not suffer inadequate legal representation as a result of the affair. Winsor noted that the divorce settlement provided Wickersham with about $117,000 in assets, compared with $112,000 for her ex-husband, who also kept his law practice.

Halverson's attorney, David Allen, and special bar counsel Andrea Darvas clashed over whether to admit into evidence a declaration by "Jane Doe I," one of the other women with whom Halverson had an affair.

Hearing officer William Broughton decided not to admit the declaration, since Allen hasn't had the opportunity to interview or cross-examine the woman.

The hearing was scheduled to resume this morning.