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Michael Joslin Davis (WSBA No. 25846, admitted 1996), of Tacoma, received two reprimands ordered on September 1, 2009, by order of the Disciplinary Board following approval of a stipulation. This discipline is based on conduct involving trust account irregularities, inadequate trust account records, and non-cooperation in a Bar Association investigation. Michael Joslin Davis is to be distinguished from Michael T. Davis, of Bellevue, and Michael A. Davis, of Scottsdale (resigned).
During a random investigation of Mr. Davis’s trust account, a Bar Association auditor found Mr. Davis’s trust account records were incomplete. By not keeping accurate client records, deposit records, or check records, it was not possible for him to determine the ownership of all client funds in his trust account. The auditor also found that Mr. Davis was not removing his own funds from the trust account once ownership of those funds was established, and thereby commingled his funds with the client funds.
In the course of investigating the issues related to his trust account, disciplinary counsel requested that Mr. Davis produce his trust account records for review. Mr. Davis did not make the records available to disciplinary counsel when requested, and only produced records after a subpoena was issued for Mr. Davis to appear with the records.
Mr. Davis’s conduct violated former RPC 1.14(a) and current RPC 1.15A(h)(1), requiring that all funds of a client paid to a lawyer be deposited into an identifiable interest-bearing trust account and that no funds belonging to the lawyer be deposited therein except as expressly permitted by rule; former RPC 1.14(b)(3) and current RPC 1.15A(h)(2) and RPC 1.15B, 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; 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 in connection with a disciplinary matter.
Randy V. Beitel represented the Bar Association. Mr. Davis represented himself.
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