| Description: |
Sans M. Gilmore (WSBA No. 21855, admitted 1992), of Tumwater, WA, was ordered to receive a reprimand, effective February 9, 2009, following approval of a stipulation by the hearing officer. This discipline is based on conduct involving trust account irregularities.
The Bar Association conducted an audit of Mr. Gilmore’s trust account for the period of January 1, 2007 through January 25, 2008. The audit revealed that Mr. Gilmore failed to maintain a complete checkbook register or complete client ledgers and failed to reconcile his checkbook register, trust account bank statements, or client ledgers. His trust account was short client funds. Through a merchant credit card account tied to his trust account, Mr. Gilmore would accept credit card payments for both earned fees and advance fee deposits. Thus, he commingled earned fees with his client funds. Mr. Gilmore also withdrew credit card receipts before they were actually deposited in the bank, thereby disbursing funds before the associated deposit had been collected and using other clients’ funds, and did not account for merchant fees, thereby disbursing himself more than he actually received.
Mr. Gilmore’s conduct violated RPC 1.15A(c)(1), requiring a lawyer to deposit and hold in a trust account funds subject to the Rules; RPC 1.15A(h)(1), prohibiting funds belonging to the lawyer from being deposited or retained in a trust account except funds to pay bank charges, funds belonging in part to a client or third person and in part
presently or potentially to the lawyer, and funds necessary to restore appropriate balances; RPC 1.15A(h)(2), requiring a lawyer to keep complete records as required by the Rules; RPC 1.15A(h)(6), requiring trust account records to be reconciled as often as bank statements are generated or at least quarterly; RPC 1.15A(h)(7), prohibiting a lawyer from disbursing funds from a trust account until deposits have cleared the banking process and been collected; RPC 1.15A(h)(8), prohibiting a lawyer from making disbursements on behalf of a client or third person that exceed the funds of that person on deposit; and RPC 1.15B(a)(1) and (2), requiring a lawyer to maintain current trust account records, which includes keeping a checkbook register or equivalent for each trust account and keeping individual client ledger records containing either a separate page for each client or an equivalent electronic record showing all individual receipts, disbursements, or transfers.
Erica W. Temple represented the Bar Association. Mr. Gilmore represented himself. Lyle O. Hanson was the hearing officer.
|