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Philip M. King (WSBA No. 1470, admitted 1969), of Mercer Island, was disbarred, effective October 30, 2009, by order of the Washington State Supreme Court following approval of a stipulation. In stipulating to disbarment, Mr. King affirmatively admitted that there was a substantial likelihood the WSBA could prove by a clear preponderance of the evidence sufficient violations of the Rules of Professional Conduct supporting disbarment, but did not affirmatively admit all the facts and misconduct. This discipline resulted from conduct involving the commission of a criminal act and dishonesty.
The misconduct described in the Findings of Fact and Conclusions of Law for In re the Estate of Elizabeth L. King (attached and incorporated into the stipulation but not affirmatively admitted by Mr. King) are as follows:
Mr. King’s mother died on May 19, 2002. Her will was admitted to probate and Mr. King was appointed personal representative of her estate, with non-intervention powers, in June 2002. Mrs. King’s will provided for distribution of her estate into three equal parts: one-third to her son, Phillip King; one-third to her daughter; and the remaining one-third in equal parts to each of her six grandchildren, the descendents of a deceased son. On January 22, 2003, Mrs. King’s daughter filed and served a Request for Special Notice under RCW 11.28.240. Mr. King failed to comply with his fiduciary duties and provide petitioner with written notice before making distributions to himself or others from estate funds and assets after January 23, 2003.
For at least five years before his mother’s death, Mr. King served without compensation as Mrs. King’s attorney-in-fact under a General Power of Attorney, but did not file her personal tax returns for the time period 1997–May 19, 2002. In the two years before her death, Mr. King transferred via check and wire transfer over $300,000 from Mrs. King’s accounts to his personal bank account for his personal use. Upon Mrs. King’s death and Mr. King’s subsequent appointment as Personal Representative, Mr. King disclosed only $65,000 of his debts to the estate. Mr. King concealed, and made no attempts to disclose, account for, or recoup or repay his remaining debt to the estate totaling $236,173.24. The net value of the estate as of Mrs. King’s death was $818,349.53. Mr. King significantly underrepresented the value of the estate in three filings, under oath, with the court. Mr. King commingled estate funds with his personal funds and used estate funds to pay his personal expenses. Mr. King over-distributed estate funds to himself and left insufficient funds to pay the amount due to other beneficiaries.
In April 2007, Mr. King placed funds in an IOLTA account opened and controlled by his lawyers, including $10,000 as a reserve to pay his sister’s attorney’s fees and costs. That amount was deficient by at least $169,538.27 to pay remaining, outstanding distributions to beneficiaries of the estate. In addition, his failure to timely file individual tax returns for Mrs. King (1997–May 19, 2002) until September 11, 2007, resulted in overpayment of approximately $18,000 that would have been refunded to Mrs. King during her lifetime or, subsequently, to her estate. Mr. King did not timely file estate tax returns and failed to comply with the court’s April 13, 2007, Preliminary Order directing “[w]ithin 60 (sixty) days after entry of this Order, the Personal Representative shall file all tax returns related to the Estate.” The estate tax returns for the year ending April 30, 2006, were not filed until September 11, 2007. Mr. King’s non-intervention powers were restricted by the court on April 13, 2007 and suspended on September 14, 2007.
Mr. King’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Erica Temple represented the Bar Association. Mr. King was represented by Leland G. Ripley and by himself. |