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William O. Guffey (WSBA No. 13249, admitted 1983), of Chula Vista, California, was disbarred, effective March 18, 2011, by order of the Washington State Supreme Court following a default hearing. This discipline was based on conduct involving conversion of funds, failure to provide a written accounting, trust account irregularities, dishonesty, and disregard for the rule of law.
Client hired Mr. Guffey to represent him in two lawsuits against his former lawyer. Client’s father advanced Mr. Guffey $10,000 for costs in the first lawsuit. In both cases, the contingent fee agreements provided that Client would pay no fee if there was no recovery. In February 2008, Mr. Guffey informed Client that he would have to withdraw from both cases for health reasons.
Mr. Guffey refunded $4,726.42 of the advance for costs. Mr. Guffey did not provide an accounting of the costs, even though Client’s father requested one. In April 2008, Mr. Guffey informed Client that his health had recovered sufficiently to resume representation of him in the two lawsuits. Client’s father wrote a check for $25,000, which was an advance for costs in the two lawsuits. Mr. Guffey deposited the check into his trust account on April 24, 2008. Between April 24, 2008, and November 18, 2008, Mr. Guffey removed, or caused to be removed, approximately $24,995 without entitlement. Some of the funds were withdrawn by Mr. Guffey’s employee, who is not a lawyer, by way of checks made out to “cash.” Mr. Guffey knew that the funds were removed from Client’s trust account without entitlement.
On October 2, 2008, the court entered a summary judgment against Client on the claims in the second lawsuit. In February 2009, Mr. Guffey settled the claims in the first lawsuit for $15,000. He mailed the full amount to Client’s father. Client repeatedly requested an itemization of costs expended on his behalf. Mr. Guffey did not respond to any of these requests or provide an accounting of the funds that he removed from Client’s funds in his trust account.
Prior to April 18, 2009, Client told Mr. Guffey that he would file a bar complaint, and possibly a criminal complaint, if Mr. Guffey did not refund his costs. Mr. Guffey refused to refund any of the funds that he had removed from the Client’s funds in his trust account. On April 18, 2009, Mr. Guffey resigned from the Bar Association. In his resignation letter, Mr. Guffey stated, “I certify that there is no disciplinary proceeding against me and that I have no personal knowledge that the filing of a complaint of substance is imminent.” This statement was false. Mr. Guffey’s resignation was accepted effective April 23, 2009.
Mr. Guffey’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(e), requiring a lawyer to promptly provide a written accounting to a client or third person after distribution of property or upon request; RPC 1.15A(h)(5), requiring all withdrawals from a trust account be made only to a named payee and not to cash; RPC 1.15A(h)(9), requiring only a lawyer admitted to practice law be an authorized signatory on the (trust) account; RPC 5.3(b), requiring a lawyer having direct supervisory authority over a non-lawyer to make reasonable efforts to ensure that non-lawyer’s conduct is compatible with the professional obligations of the lawyer; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft) 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; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any other act which reflects disregard for the rule of law.
Francesca D’Angelo represented the Bar Association. Mr. Guffey represented himself. Scott M. Ellerby was the hearing officer. |