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Myrna B. Weissman (WSBA No. 8203, admitted 1978), of Bellingham, resigned in lieu of disbarment, effective April 7, 2011. While not admitting to the misconduct, Ms. Weissman admits that the Association could prove by a clear preponderance of the evidence the violations set forth in the Statement of Alleged Misconduct and that proof of such violations would suffice to result in her disbarment. This misconduct involves dishonesty, theft, and disregard for the rule of law. According to the Statement of Alleged Misconduct:
Ms. Weissman owned and operated ESL, an escrow company, in connection with her law practice. She maintained a trust account for the purpose of receiving and disbursing funds from real estate closings done by ESL. When funds were received by ESL, Ms. Weissman deposited those funds into the trust account. Funds were disbursed from the trust account to pay off the encumbrances and other amounts owing to third parties as part of closing the transaction. In some cases, the amounts required to pay off encumbrances and other amounts owing to third parties were less than had been anticipated. In those instances, instead of disbursing the excess funds to the party entitled to receive them, Ms. Weissman paid these amounts to herself and/or ELS. These funds that Ms. Weismann paid to herself and/or ELS exceeded $5,000.
Ms. Weissman’s conduct violated 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 other act which reflects disregard for the rule of law.
Debra J. Slater represented the Bar Association. Thomas M. Fitzpatrick represented Ms. Weissman.
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