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Jeffrey G. Poole (WSBA No. 15578, admitted 1986), of Everett, was suspended for one year, effective November 1, 2008, by order of the Washington State Supreme Court following an appeal. The suspension is to be followed by a two-year probationary period. For more information, see In re Disciplinary Proceeding against Poole, 193 P.3d 1064 (2008). This discipline is based on conduct involving noncooperation with Bar Association investigations and trust-account irregularities.
In 2003, disciplinary action was taken against Mr. Poole concerning Mr. Poole billing clients at his current rates for work performed at a time when a lower rate was in effect. During the investigation, the Bar Association’s Office of Disciplinary Counsel (ODC) sent a letter on July 24, 2003, requesting that Mr. Poole provide all billing statements that included similar charges. Mr. Poole produced a total of five statements in response to the request. However, after the hearing in that matter, ODC discovered nearly 100 additional 2002 billing statements that contained charges for time over six months old. The hearing officer in the proceeding giving rise to the discipline reported herein later identified “at least” 29 specific bills that should have been produced in response to the July 2003 request.
Another prior disciplinary matter involved improper trust-account procedures. In August 2003, Mr. Poole received a reprimand and probation for this misconduct, and the probation included audits. Although he was required to cooperate with the audits, Mr. Poole failed to cooperate. In addition, during the audits, the auditor discovered some billing statements that fell within the July 2003 request in the previously mentioned disciplinary action that were not produced. The audits led to questions about a specific client’s (Client O’s) account, which was overdrawn by $540 for several months and showed unusual activity. The auditor requested Client O’s billing file. Mr. Poole refused to turn over the billing file as requested despite repeated requests by the auditor and later repeated efforts by disciplinary counsel to obtain the file.
In 2004, another grievance was filed against Mr. Poole involving Mr. Poole’s refusal to turn over Client O’s billing file and the shortage in Client O’s trust account. Mr. Poole did not respond to the grievance, nor did he respond to a 10-day letter under ELC 5.3(e) requiring a response. A noncooperation deposition took place on September 15, 2004. At the deposition, Mr. Poole claimed he was not producing the file because the request was intrusive and overly burdensome. Instead, he produced eight Client O billing statements. After a petition for interim suspension was filed against Mr. Poole, he produced Volume 3 of the Client O file before he was required to appear and show cause why the petition should not be granted. The petition was withdrawn.
Disciplinary counsel found additional bills in Client O’s file that were responsive to the July 24, 2003, request. Disciplinary counsel also found evidence of trust-account violations, including failure to maintain an accurate client ledger for Client O between October 2002 and September 2003, failure to keep all of Client O’s funds in trust between May 2003 and September 2003, and failure to provide accurate accounts to Client O regarding his trust-account funds between October 2002 and September 2003. Mr. Poole also knowingly disbursed funds before deposited items cleared the banking system. Although disciplinary counsel requested additional information, Mr. Poole did not respond. Disciplinary counsel issued a subpoena duces tecum commanding Mr. Poole to appear and produce responsive documents at the deposition. The deposition was canceled in February 2005 after Mr. Poole produced responsive documents.
Mr. Poole’s conduct violated RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm be deposited into one or more identifiable interest-bearing trust accounts and no funds of the lawyer be deposited therein; 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 the lawyer and render appropriate accounts to his or her client regarding them; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e) and ELC 13.8)).
M. Craig Bray represented the Bar Association. Kurt M. Bulmer represented Mr. Poole at hearing. Richard T. Okrent represented Mr. Poole on appeal. Kimberly Ann Boyce was the hearing officer. |