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Gregory Esau (WSBA No. 22404, admitted 1993), of Bellevue, has been ordered to receive a reprimand pursuant to a stipulation for discipline approved by the Disciplinary Board on January 12, 2000. The discipline is based upon his failure to deal properly with a client’s advance fee deposit.
On July 2, 1996, Mr. Esau agreed to represent a client in a dissolution of marriage action. The written fee agreement required that the client pay a $1,700 advance fee deposit that Mr. Esau would apply against fees and costs as they were incurred. Mr. Esau deposited the client’s funds into his general account because he did not have a trust account. He prepared preliminary pleadings for the client and then explained that he would be on vacation for the next three to four weeks and would not be able to do further work until he returned. The client was not willing to wait and discharged Mr. Esau, requesting a refund of the remainder of his $1,700. Mr. Esau did not respond to the client’s letter. The client wrote to Mr. Esau two more times; Mr. Esau did not respond. On January 23, 1997, the client obtained an uncontested King County District Court judgment against Mr. Esau. Mr. Esau satisfied this judgment on March 5, 1997. Mr. Esau opened a trust account in 1998.
Mr. Esau’s conduct violated RPC 1.14, requiring lawyers to deposit advance fee payments into trust accounts, provide clients with accountings when requested and timely refund unearned advance fees upon discharge.
Marsha Matsumoto represented the Bar Association. Leland Ripley represented Mr. Esau.
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