Friday, November 9, 2012

WESTLAW USE LEADS TO REPRIMAND

Everett Walton, an attorney licensed in Oregon and Hawaii, but practicing in Hawaii, was publicly reprimanded by both the Oregon and Hawaiian Supreme Courts for his use of Westlaw after he left his job as a prosecutor. 
 
While a prosecutor for the Republic of Palau, Walton was given a three-year, flat rate contract to use Westlaw.  After he left this position, he tried without success to cancel the Westlaw contract, and then used it for 14 months after while working for the Legal Aid Society of Hawaii.
 
Oregon's opinion noted how Walton had "an unblemished record in 35 years" of practicing law and this infraction did not seriously reflect on his fitness to practice law.  Since his misconduct did not personally benefit him (the Court stated that the true beneficiaries of his misconduct were the Legal Aid Society of Hawaii and its clients) and did not harm anyone, a public reprimand was sufficient.  The Oregon Disciplinary authorities had asked originally for a six month suspension of Walton's license. 

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