Emails expose Washington AG Nick Brown in Perkins Coie collusion controversy: report

Washington State Attorney General Nick Brown was threatened with an interim suspension of his law license after failing to address collusion allegations. The allegations stem from Brown’s amicus brief submitted in favor of Perkins Coie’s legal battle against President Donald Trump.

The Center Square reported earlier this year that AG Brown and Perkins Coie had an active contract that they failed to disclose in the amicus brief submitted to the court. The outlet reported, Brown “actively colluded with Perkins Coie not only on the draft amicus brief, but offered legal advice on when and where to file their lawsuit.”

The Washington State Bar Association (WSBA) later filed an ethics complaint against Brown for his alleged connection to Perkins Coie.

Why an ethics complaint against AG Nick Brown?

The ethics complaint was filed against Brown after an exclusive story by The Center Square. A follow-up investigation found that Brown had 10 active contracts with Perkins Coie at the time the amicus brief was submitted. None of the active contracts were mentioned in Brown’s amicus brief submitted to the court.

On May 13, a letter was sent by the WSBA to Brown that read, “Although we have reached no conclusions on the merits of this grievance, we are asking for your preliminary written response. If you do not respond to this request within thirty (30) days from the date of this letter, we can take additional action under ELC 5.3(h) to compel your response.”

The 30-day timeline mentioned in the letter passed, and yet there had been no statement from Brown regarding his alleged collusion with Perkins Coie. Brown continued to brush aside the allegations, which ultimately led the WSBA to threaten to suspend his license to practice law in a follow-up letter. A revised deadline of July 16 was created for Brown to submit his statement.

In the next letter, WSBA wrote, “If we do not receive your response within the ten-day period, we can subpoena you for a deposition. If we must serve a subpoena, you will be liable for the costs of the deposition, including service of process, and attorney fees of $500. You should be aware that failing to respond is, in itself, grounds for discipline and may subject you to interim suspension under ELC 7.2(a)(3).”

A paper trail?

Emails obtained by The Center Square revealed Brown again failed to respond to the WSBA request for comment. The emails also indicated that Brown submitted his preliminary response to the WSBA on August 14, more than three months after initial contact was made. Notably, Brown’s submission was received one day after The Center Square contacted the WSBA for comment on the ethics complaint, the outlet reported.

In response to the allegations, Solicitor Attorney Noah Purcell wrote, “Washington’s filing of the Perkins amicus brief does not even arguably present a violation of the Rules of Professional Conduct (RPCs), allegations to the contrary are baseless. The AGO has no interest in preserving Perkins’s ability to contract with the federal government.”

Purcell assisted with drafting the amicus brief which supported Perkins Coie, according to The Center Square. Purcell is also a former attorney with Perkins Coie.

Brown also allegedly colluded with Perkins Coie in drafting the amicus brief and advised the law firm on when and where to file its suit. On June 4, the WSBA sent another letter to Brown that included demands for his response to the allegations.

Nothing to see here?

Listed on the AGO’s website, it includes that “the office is not authorized to advise or represent private citizens on personal legal matters.” However, documents appear to indicate Brown did exactly that.

The Center Square contacted the AGO Communications Office, and was told, “the premise that there was something ethically questionable about this is an absurd fiction. It’s about as meritorious as the claim that the Earth is flat. There is no rule, law, precedent or any other standard that would indicate this is unethical or even unusual.”

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