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Patrick J. Mullen (WSBA No. 6479, admitted 1976), of Lynnwood, resigned in lieu of disbarment, effective March 18, 2010. This resignation was based on conduct involving failure to communicate, trust account irregularities, and dishonesty.
In July 2006, a client hired Mr. Mullen to represent him in a child custody matter. The client’s former partner planned to move to another state with their three children. On July 11, 2006, the client signed a fee agreement with Mr. Mullen. The client paid Mr. Mullen $600 by check as an “initial fee deposit.” On August 2, 2006, Mr. Mullen asked the client for $5,000 more in the form of a cash deposit to his general business account. The client made the deposit as requested. Mr. Mullen never appeared or filed anything for the client. By August 11, 2006, the court had entered orders granting relocation as requested by the client’s former partner. On August 14, 2006, Mr. Mullen told the client that he needed to file paperwork in superior court and asked for $750 more. The client deposited that sum to Mr. Mullen’s personal checking account as instructed. Mr. Mullen told the client that he would credit him for $1,500 in legal fees for his $750. Mr. Mullen did not put any of the client’s funds into his trust account or provide the client a receipt for any of his payments. Mr. Mullen did not send the client any invoices to document how he earned or spent any of the money and never provided a written status report.
After one year of many failed attempts to get a status report, the client terminated Mr. Mullen. Mr. Mullen agreed to refund the unearned portion of the fees paid by the client, which he calculated as $4,190. To date, Mr. Mullen has repaid nothing. Mr. Mullen used the client’s funds for his personal expenses.
Mr. Mullen’s conduct violated former RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; former RPC 1.14, requiring that all funds paid to a lawyer or law firm be deposited in one or more identifiable interest-bearing trust accounts and that no funds belonging to the lawyer or law firm be deposited therein, that the lawyer promptly notify a client of the receipt of his or her funds, maintain the funds as set forth in the rules, and promptly pay or deliver to the client as requested the funds in the possession of the lawyer which the client is entitled to receive; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Peter S. Ehrlichman represented the Bar Association. Mr. Mullen represented himself. Lawrence R. Mills was the hearing officer.
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