Discipline Notice - Robert W. Denomy

License Number: 9050
Member Name: Robert W. Denomy
Discipline Detail
Action: Reprimand
Effective Date: 9/19/2011
RPC: 1.15A - Safeguarding Property
1.15B - Required Trust Account Records
5.3 - Responsibilities Regarding Nonlawyer Assistants
Discipline Notice:
Description: Robert W. Denomy (WSBA No. 9050, admitted 1979), of Tacoma, was ordered to receive a reprimand following approval of a stipulation by the chief hearing officer on September 19, 2011. This discipline is based on conduct involving failure to maintain complete and accurate trust account records, failure to hold client property separate from the lawyer’s property, mishandling client funds, failure to provide a written accounting to a client after distribution of property, and failure to properly supervise a non-lawyer assistant.

From January 2008 through June 2009, Mr. Denomy’s legal assistant deposited unearned client funds into his general account. Upon learning of this, Mr. Denomy immediately terminated her employment. For at least a year prior to the legal assistant’s termination, Mr. Denomy had not reviewed any bank account records for his general or trust account.

Mr. Denomy failed to properly supervise the legal assistant, failed to maintain adequate records relating to his trust account, failed to hold his property separate from his clients’ property, failed to deposit client funds into his trust account, and failed to provide a written accounting to a client after distribution of property.

Mr. Denomy’s conduct violated RPC 1.15A(c), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property; 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), prohibiting funds belonging to the lawyer from being deposited or retained in a trust account except funds to pay bank
charges, funds belonging in part to a client or third person and in part presently or potentially to the lawyer, and funds necessary to restore appropriate balances; RPC 1.15B, requiring a lawyer to maintain current trust account records; and RPC 5.3(b), requiring a lawyer having direct supervisory authority over a non-lawyer to make reasonable efforts to ensure that the non-lawyer’s conduct is compatible with the professional obligations of the lawyer.

Erica W. Temple represented the Bar Association. Phillip H. Ginsberg represented Mr. Denomy.


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