On Friday, May 26, 2023, attorney Gayla K. Austin filed a brief rejecting the findings of the Wyoming Board of Professional Responsibility (BPR) related to her professional conduct. The brief was submitted in response to the BPR’s recommendation for a sixty-day suspension of her law license, following allegations that she violated the Wyoming Rules of Professional Conduct (W.R.P.C.).
The case is entitled “Board of Professional Responsibility, Wyoming State Bar v. Gayla K. Austin” with case no. D-23-0004.
The case centers around Austin’s representation of Janet Johns in two district court cases. According to the BPR, Austin disclosed confidential information when she filed motions to withdraw as counsel. In these motions, she stated that Johns, her client, was unresponsive and had failed to provide the necessary information for the required discovery in their legal proceedings. Specifically, Austin noted that Johns “will not return telephone calls, will not keep appointments and otherwise comply with requirements for the case to go forward.” Furthermore, Austin claimed that Johns had contacted a realtor to sell a property associated with their case, which contradicted a stipulated court order.
In her brief, Austin contested the BPR’s conclusions, asserting that the report was primarily based on the panel’s opinions and did not adequately address her evidence. She argued that her statements in the motions were standard practice in Wyoming and did not constitute a breach of confidentiality. Austin referenced W.R.P.C. 1.6(b), which outlines exceptions to confidentiality, and maintained that her disclosure was permissible under these rules.
The brief also addressed the BPR’s finding that Austin had made a false statement regarding Johns’ desire to continue representation. Austin asserted that her statement was truthful, based on her understanding of Johns’ communications and intentions. She contended that the BPR failed to consider her perspective and the context of her statements.
The proceedings began when Johns filed a Bar Complaint against Austin on April 29, 2021, alleging inadequate representation and a lack of communication. The BPR found probable cause for violations of W.R.P.C. 1.6(a) and 3.3(a)(1), concluding that Austin had not complied with her professional obligations. The BPR recommended a sixty-day suspension, which Austin is now appealing.
Austin’s brief emphasizes her belief that she acted within ethical guidelines, maintaining that her withdrawal motions were necessary to comply with her responsibilities as an attorney. She argued that her actions were aimed at protecting the interests of her client and the court.
The case highlights ongoing concerns about attorney conduct and the standards to which legal professionals are held in Wyoming. The Supreme Court of Wyoming has the authority to review the BPR’s recommendations but is not bound to accept them. The court will consider the evidence presented and has the discretion to impose its own judgment regarding any disciplinary action against Austin.
According to Avvo, Attorney Gayla Austin is a trusts attorney. She attended the Willamette University College of Law, graduating in 1999. She acquired her license in Wyoming in 2009.
A copy of the original filing can be found here.
