| Description: |
Robert A. Moser (WSBA No. 32253, admitted 2002), of Moses Lake, was reprimanded following approval of a stipulation on February 2, 2011. This discipline was based on conduct involving failure to act with reasonable diligence, trust account irregularities, failure to expedite litigation, and conduct prejudicial to the administration of justice.
In 2004, Mr. Moser took over as attorney for a probate from a disbarred lawyer, who continued to serve as personal representative. As part of the transfer of duties, Mr. Moser received funds from the estate, including $100,000 in proceeds from an accidental-death insurance policy for which the decedent had declared no beneficiary. Mr. Moser placed these funds into his IOLTA rather than a separate, interest-bearing trust account where the funds would earn interest for the estate or the ultimate payee. Although he determined that the insurance proceeds should pass to the deceased's children, Mr. Moser did not inform the children that he had placed the funds into his IOLTA.
After losing track of the personal representative in 2005, Mr. Moser took no action to close the estate until July 2010, after the children hired separate counsel and the court removed Mr. Moser as attorney for the estate.
Mr. Moser’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.15A(e), requiring a lawyer to promptly provide a written accounting to a client or third person after distribution of property or upon request; former RPC 1.14(c)(2)-(3) and current RPC 1.15A(i)(2), requiring a lawyer to place client or third-person funds that will produce a positive net return in a separate interest-bearing trust account for the particular client or third person with earned interest paid to the client or third person, or in a pooled interest-bearing trust account with sub-accounting that allows for computation of interest earned by each client or third person's funds with the interest paid to the appropriate client or third person; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Joanne S. Abelson represented the Bar Association. Mr. Moser represented himself. |