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Mark Alan Schneider (WSBA No. 18398, admitted 1988), of Tacoma, was disbarred, effective September 17, 2010, by order of the Washington State Supreme Court. This discipline is based on conduct involving failure to abide by a client’s decision concerning the objectives of representation, conversion of client funds, the commission of a criminal act, and dishonesty. Mark Alan Schneider is to be distinguished from Mark William Schneider, of Seattle, and Mark Alan Schneider, of Bellevue.
In November 2004, a client hired Mr. ¬Schneider to represent her in a personal injury claim related to injuries sustained in an automobile accident. On August 22, 2006, the client died of causes unrelated to the accident. At the time of her death, the client’s personal injury claims were outstanding and no suit had been filed. On April 2, 2007, knowing the client had died, and without the permission of the client’s daughter and personal representative, Mr. Schneider settled the client’s claim and received a settlement draft in the amount of $35,000. At Mr. Schneider’s request, the insurer made the draft payable to Mr. Schneider’s IOLTA account. On April 10, 2007, Mr. Schneider endorsed the draft and deposited the money into his IOLTA account. Mr. Schneider did not tell the attorney for the client’s estate (Attorney B) or the client’s family that he had settled the case and received settlement funds.
Ten months later, in February 2008, Attorney B learned of the settlement. He told Mr. Schneider to prepare an accounting and deliver the settlement funds to him. Mr. Schneider misrepresented to Attorney B that the client’s daughter had authorized him to settle the case and to receive the settlement funds. Although he assured Attorney B that he would deliver the funds to him, Mr. Schneider did not do so. Over the next year, Attorney B repeatedly told Mr. Schneider that the settlement funds were the property of the client’s estate and that he must deliver the funds to the estate, which Mr. Schneider failed to do.
Mr. Schneider’s conduct violated RPC 1.2(a), requiring a lawyer to abide by a client’s decisions concerning the objectives of representation and to consult with the client as to the means by which they are to be pursued; RPC 1.15A(b), prohibiting a lawyer from using, converting, borrowing, or pledging client or third-person property for the lawyer’s own use; 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.
Kathleen A.T. Dassel represented the Bar Association. Mr. Schneider represented himself. Octavia Y. Hathaway was the hearing officer. |