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Rosalynn D. Guillen (WSBA No. 22872, admitted 1993), of Seattle, has been disbarred by order of the Supreme Court approving a stipulation, effective August 30, 2001. The discipline is based upon her misuse of client funds between 1997 and 1999.
In 1997, Ms. Guillen settled a client’s personal-injury case for $72,000. The client received $50,000 from the settlement and asked Ms. Guillen to hold the funds in trust for her. In October 1997, Ms. Guillen deposited the client’s funds in a trust account. Between November 1997 and October 1998, Ms. Guillen improperly withdrew the client’s funds from the trust account to pay her own business and personal expenses.
By October 31, 1998, the trust account balance was $85.42, with no funds paid to the client or the client’s previous lawyer. During this time period, Ms. Guillen deposited earned fees into the trust account and disbursed the funds directly to pay her personal expenses. Ms. Guillen commingled her own funds with the trust-account funds to avoid garnishment from an unpaid judgment against her. In March 1998, the client’s previous lawyer learned of the settlement and filed a $9,000 attorney’s lien. Following a May 2000 arbitration, the previous lawyer obtained a judgment against the client for $5,398.25, which the client paid.
On June 4, 1998, Ms. Guillen notified the client that the client’s funds were not immediately available, but that they would earn 8.5 percent interest. In August 1999, the client notified Ms. Guillen that she wanted her funds disbursed to fund a real estate purchase. At this time, there were no funds remaining in the trust account.
In January 2000, Ms. Guillen arranged for $50,000 to be deposited into the client’s bank account. Ms. Guillen has agreed to pay the client interest on her money, to reimburse her for the fees the client paid her previous lawyer, and has made monthly payments to the client.
Ms. Guillen’s conduct violated RPCs 1.14, requiring lawyers to preserve the identity of client funds, prohibiting commingling lawyers’ funds with client funds, and requiring that substantial client funds be placed in an interest-bearing account with interest accruing to the client; and 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation.
Randy Beitel represented the Bar Association. Anthony Savage represented Ms. Guillen. The hearing officer was Lawrence R. Mills.
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