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James J. Conlin (WSBA No. 20931, admitted 1991), of Tacoma, was disbarred, effective November 17, 2010, by order of the Washington State Supreme Court following a default hearing. This discipline is based on conduct involving conversion of funds, the commission of crimes, misrepresentation, conduct prejudicial to the administration of justice, and violations of the Rules for Enforcement of Lawyer Conduct.
In 2008, Mr. Conlin acted as the escrow agent in the sale of a business. On October 1, 2008, after the closing took place, Mr. Conlin received a check for $52,370 from the buyer, which he deposited into his trust account. From those funds, Mr. Conlin was obligated to make various disbursements in accordance with the escrow instructions and the closing statements he prepared. Mr. Conlin failed to pay off the amount owing on a line of credit of approximately $13,870 secured by a lien against the business’s property (bank lien). Between October 2008 and March 2009, Mr. Conlin appropriated those funds to his own use. In late October 2008, when the seller asked for an explanation of why he had not paid off the bank lien, Mr. Conlin told him that the funds had been misdirected due to a miscommunication. Mr. Conlin subsequently made payments on the bank lien, but never completely paid off the outstanding balance.
The seller’s agent filed a grievance against Mr. Conlin for not having paid the bank lien. Mr. Conlin submitted a one-page response in which he stated that he had “inadvertently misdirected” the money that was to have been used to pay the debt. The response was false and misleading. In May 2009, disciplinary counsel served Mr. Conlin with a subpoena commanding him to testify and produce documents related to the business transaction. The deposition was continued twice at Mr. Conlin’s request. At his deposition, Mr. Conlin testified under oath that he had not produced any of the requested documents because his bank statements had been mistakenly mailed by the bank to an “improper address.” He also testified that in early October 2008 he had made a wire transfer of slightly less than $14,000 from his IOLTA account by which he intended to pay off the bank lien. He testified that the funds were mistakenly transferred to the account of one “Jason Martinez” instead of to the bank which held the lien. Mr. Conlin testified that “Martinez” sent him a check for $13,000 in November or December 2008, which he deposited in his trust account, and that “Martinez” stopped payment on the check before it could clear. Mr. Conlin testified that “Martinez” then disappeared. Mr. Conlin’s testimony was false and misleading.
After his deposition, Mr. Conlin sent disciplinary counsel a one-page document entitled “Transactions Report” that purported to show that a payment was made from Mr. Conlin’s trust account on October 3, 2008, to pay off the lien and, in later entries, that a bad check was deposited and then returned for insufficient funds. The “Transaction Report” was false. Mr. Conlin also sent disciplinary counsel a fax in which he stated that he or his bank would produce other documents described in the subpoena, but failed to do so. Mr. Conlin failed to respond to a subsequent request for information.
Mr. Conlin’s conduct violated 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 1.15A(f), requiring a lawyer to promptly pay or deliver to the client or third person the property which the client or third person is entitled to receive; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft, false swearing, and perjury) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; 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.
Scott G. Busby represented the Bar Association. Mr. Conlin did not appear either in person or through counsel. Gregory A. Dahl was the hearing officer. |