| Description: |
Rodney R. Moody (WSBA No. 17416, admitted 1987), of Kirkland, was suspended for 18 months followed by two years' probation, effective August 15, 2008, by order of the Washington State Supreme Court following a stipulated withdrawal of an appeal. This discipline resulted from conduct involving failure to communicate, failure to abide by a client's decisions, and trust account violations.
Matter No. 1: A Bar Association audit of Mr. Moody's trust account for the period of January 1, 2003, to February 29, 2004, and a second audit for the period from March 1, 2004, through August 31, 2006, disclosed a number of problems related to Mr. Moody's handling of his trust account:
• Failure to maintain complete records of all funds in trust;
• Failure to maintain individual client records;
• Actual deposits into Mr. Moody's trust account did not track the purported deposits into trust identified in his "Funds with Running Balances Reports";
• Funds were withdrawn from Mr. Moody's client trust account without substantiating or identifying his entitlement to the funds; and
• Mr. Moody did not reconcile his trust account bank statements with his check register.
Matter No. 2: In June 2002, Mr. Moody agreed to represent a client in a dissolution matter. The client had been arrested and incarcerated following an argument with his wife, and remained incarcerated during the entire dissolution proceeding. While representing the client, Mr. Moody engaged in the following conduct:
• Following a sale of the client's family home, Mr. Moody deposited all or a portion of the client's home sale proceeds into his general business account when the funds had not all been earned.
• Mr. Moody failed to abide by the client's decision to reject the proposed property settlement and go to trial, and instead entered into the final property settlement in the client's dissolution without the client's authorization.
Mr. Moody's conduct violated RPC 1.2(a), requiring a lawyer to abide by a client's decisions concerning the objectives of representation and consult with a client as to the means by which they are to be pursued; RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions about the representation; former RPC 1.14(a), requiring all funds of clients paid to a lawyer or law firm be deposited into one or more identifiable interest-bearing trust accounts maintained as set forth by the rules and no funds of the lawyer be deposited therein; and former RPC 1.14(b)(3), requiring a lawyer to maintain complete records of all funds, securities, and other properties of a client coming into the possession of a lawyer and render appropriate accounts to his or her client regarding them.
Leslie C. Allen and Debra J. Slater represented the Bar Association. Randy V. Beitel represented the Bar Association on appeal. Mr. Moody represented himself. Mary H. Wechsler was the hearing officer. |