| Description: |
Melvin H. Champagne (WSBA No. 6680, admitted 1976), of Spokane, was reprimanded following approval of a stipulation on April 13, 2011, by a hearing officer. This discipline was based on conduct involving trust account irregularities.
During the period from May 2008 through April 2009, Mr. Champagne negligently made five disbursements from his IOLTA accounts on behalf of clients when there were insufficient funds on deposit for those clients to cover the disbursements. During the period from December 1, 2008, through May 29, 2009, he routinely failed to maintain a check register or client ledgers for his IOLTA accounts reflecting the client on whose behalf transactions were made. On 12 occasions during the period from February 6, 2008, to June 9, 2009, Mr. Champagne withdrew funds from his IOLTA accounts by signing counter withdrawal slips and not listing a payee. During the period from February 2008 through June 2009, he routinely failed to identify the source of funds deposited into his IOLTA accounts.
Mr. Champagne’s conduct violated RPC 1.15A(h)(5), requiring all withdrawals from a trust account to be made only to a named payee; RPC 1.15A(h)(8), prohibiting disbursements from a trust account on behalf of a client or third person from exceeding the funds of that person on deposit; and RPC 1.15B(a) requiring a lawyer to maintain current trust account records.
Jonathan H. Burke represented the Bar Association. J. Donald Curran represented Mr. Champagne. Frederic G. Fancher was the hearing officer. |