| Description: |
Mhkeeba Leshare Pate (WSBA No. 37924, admitted 2006), of Seattle, was suspended for two years, effective May 25, 2011, by order of the Washington State Supreme Court following approval of a stipulation. While not admitting to the misconduct, Ms. Pate admits that the Association could prove by a clear preponderance of the evidence the violations set forth in the Stipulated Facts and that proof of such violations would suffice to result in her suspension. This discipline is based on conduct involving the commission of a crime and dishonesty. According to the Stipulated Facts:
Ms. Pate was a long-time friend of the M family. Beginning in July 2007, Ms. Pate agreed to act as a representative payee on behalf of Ms. M and Ms. M’s minor daughter, each of whom received separate Social Security benefits. A representative payee is a person who receives Social Security benefits on behalf of a minor or an incompetent adult and manages those funds on behalf of the beneficiary. A representative payee is required to use the funds for a beneficiary’s current needs, such as food, shelter, clothing, healthcare, and personal comfort items, and is required to conserve or invest any remaining funds in the best interest of the beneficiary. A representative payee does not need to be a lawyer, and there is insufficient evidence to establish that Ms. Pate and Ms. M had an attorney-client relationship at the time.
Ms. Pate kept a checking account into which the Social Security funds were deposited. In August and September 2007, Ms. Pate removed at least $1,385 of Ms. M’s funds from the account and used them for her own benefit. Ms. Pate acted knowingly and willfully in removing and using these funds. Between September 17, 2007, and September 25, 2007, Ms. Pate reimbursed the account for the $1,385.
In September 2007, Ms. M instructed the Social Security Administration to remove Ms. Pate as representative payee for both her and her daughter. As of October 2007, Ms. Pate no longer received Ms. M’s Social Security payments; however, she continued to receive those of Ms. M’s daughter because of administrative problems. By November 1, 2007, Ms. Pate’s account received $36,216 of the daughter’s funds. Between October 2007 and January 2008, on a regular basis, Ms. Pate used Ms. M’s daughter’s funds for her own personal use. During that time, Ms. Pate removed at least $8,876.79 of the funds from the account and used those funds for her own benefit. Ms. Pate acted knowingly and willfully in removing and using the funds. Between November 2007 and July 2008, Ms. Pate repaid a total of $9,727.22 back into the account, which was more than the amount of funds that had been removed from the account.
Ms. Pate’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Christine Gray represented the Bar Association. Ms. Pate represented herself. |