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Alan Mark Singer (WSBA No. 11970, admitted 1981), of Tukwila, was disbarred, effective June 9, 2011, by order of the Washington State Supreme Court. This discipline is based on conduct involving failure to provide competent representation, failure to act with reasonable diligence, failure to communicate, failure to provide a client with a settlement statement, conflict of interest, trust account irregularities, conversion of clients’ funds, the commission of criminal acts, dishonest conduct, and conduct demonstrating unfitness to practice law. Alan Mark Singer is to be distinguished from Alan Michael Singer of Olympia.
Between November 2005 and January 2010, Mr. Singer engaged in the following conduct:
• Deposited unearned advance fees, totaling between $1,420 and $9,500, from three clients into his general account instead of his trust account;
• In two matters, one involving a client with a disability and one a minor client, unlawfully converted clients’ funds to pay himself and third parties;
• Converted funds sent him as a refund for a client, even after the Bar Association informed Mr. Singer that the money belonged to the client;
• Failed to render appropriate accounts to two clients regarding the disbursement of their funds from his trust account, and misrepresented in a billing statement to one of the clients the true nature of a payment made to a third party;
• Failed to promptly pay a client settlement money owed to her or to provide her with a settlement statement;
• Solicited, purchased, and obtained controlled substances from a client, and continued to represent the client in his criminal matter after having committed criminal acts with him and without obtaining informed consents regarding the resulting conflict of interest; and
• Failed to competently represent two clients in their matters due to physical and mental impairment, and failed to inform clients about his impairment, which in part was caused by Mr. Singer’s non-prescribed drug use.
Mr. Singer’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.5(c)(3), requiring a lawyer, upon conclusion of a contingent fee matter, to provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination; RPC 1.7(b), prohibiting the lawyer from representing a client if the representation involves a concurrent conflict of interest unless the affected client gives informed consent, confirmed in writing; former RPC 1.14(a), requiring a lawyer to deposit all funds of a client paid to a lawyer or law firm, in one or more identifiable interest-bearing trust accounts maintained as set forth in the rules; former RPC 1.14(b)and current RPC 1.15A, requiring a lawyer to promptly notify a client of receipt of his or her funds, maintain complete records of all funds of a client coming into the possession of a lawyer and render appropriate accounts to his or her client regarding them, and promptly pay or deliver to the client as requested by the client funds in the possession of the lawyer the client is entitled to receive; RPC 1.15A(b), prohibiting a lawyer from using, converting, or pledging the client’s property for the lawyer’s own use; RPC 1.15A(c), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, possession of controlled substance) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating unfitness to practice law.
Jonathan H. Burke represented the Bar Association. Kurt M. Bulmer, Kirk T. Mosley, and Anthony Savage represented Mr. Singer. Julian C. Dewell was the hearing officer. |