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Richard M. Chiu (WSBA No. 23462, admitted 1993), of Houston, Texas, was disbarred, effective August 25, 2009, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order from the Evidentiary Panel of the Texas State Bar District No. 4F11 Grievance Committee. This discipline was based on conduct involving trust-account irregularities.
In or around July 2005, Mr. Chiu represented two clients in a personal injury matter that occurred in California. When the case ultimately settled, the clients authorized Mr. Chiu to pay their medical providers with available settlement proceeds. Mr. Chiu, however, failed to notify or promptly tender payment to Dr. S for the medical services rendered to the clients. Once Dr. S learned of the settlement, his attorney made numerous attempts to contact Mr. Chiu to secure payment. Finally, on April 27, 2006, Mr. Chiu sent two checks made payable to Dr. S on behalf of the clients. The checks were drawn on Mr. Chiu’s IOLTA account. When Dr. S presented the checks for payment, they were returned because the account had been closed. Dr. S’s attorney again made numerous attempts to collect payment from Mr. Chiu. On August 11, 2006, Mr. Chiu sent two more checks in the same amount to cover the aforementioned medical expenses on behalf of his clients, as well as a check to cover the expenses incurred by Dr. S. These checks were drawn on a second IOLTA account at a second bank. One of the checks for services and the expense check were thereafter returned for insufficient funds. On March 6, 2007, Mr. Chiu sent a payment to cover the costs of the returned checks; however, this check, which had been drawn on Mr. Chiu’s operating account, was also returned for insufficient funds.
Mr. Chiu’s conduct violated Texas RPC 1.14(a), failing to hold funds or other property belonging in whole or in part to clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s own property in a separate trust account designated as a trust or escrow account; Texas RPC 1.14(b), upon receiving funds or other property in which a client or third person has an interest, failing to promptly notify the client or third person; failing to promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive; and upon request by the client or third person, failing to promptly render full accounting regarding such property; and Texas RPC 8.04(a)(3), engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Joanne S. Abelson represented the Bar Association. Mr. Chiu represented himself, but did not respond. |