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Robert E. Beach III (WSBA No. 6710, admitted
1976), of Spokane, was disbarred, effective November
2, 2011, by order of the Washington State
Supreme Court following approval of a stipulation.
While not admitting to the misconduct,
Mr. Beach stipulated that there was a substantial
likelihood that the WSBA could prove by a clear
preponderance of the evidence the alleged violations
of the Rules of Professional Conduct. These
violations include failure to act with diligence in
representing a client, failure to communicate,
charging unreasonable fees, conversion of client
funds, and failure to provide client with a written
accounting or with funds client is entitled to
receive upon request.
In May 2008, Client hired Mr. Beach to
represent him in his dispute with a sewer repair
company, which had performed defective work
on Client’s sewer in 2007. Mr. Beach told Client
that he would file a lawsuit and handle the entire
case for a flat fee of $2,000. On May 23, 2008, Client
paid Mr. Beach $2,000 and provided him with
documents regarding the matter. Mr. Beach did
not enter into a written fee agreement with Client
and the $2,000 represented an advance flat fee.
Even though he had not yet earned the $2,000, Mr.
Beach deposited the check, less $100 cash, into
his general account and began using the funds
for his own benefit.
A few weeks later, Mr. Beach asked Client to
pay an additional $500 for the filing fee and costs
related to filing the lawsuit. Client scheduled an
appointment with Mr. Beach to pay the requested
costs and discuss the case, but Mr. Beach failed
to keep the appointment. Over the next several
months, Client repeatedly called Mr. Beach and
left messages, but Mr. Beach rarely returned their
calls and, when he did respond, he merely stated
that he was working on the case. Eventually, Client
was unable to leave messages because Mr. Beach’s
voicemail box was full.
On a few occasions, Client or his family members
stopped by Mr. Beach’s office trying to find
him, but Mr. Beach was never there. Later, Client
discovered that Mr. Beach had moved without
informing him. In September 2008, Mr. Beach
contacted Client and told him that he would
prepare a complaint against the sewer company
and deliver it to Client for his signature. Mr. Beach
did not, however, prepare anything or have any
further contact with Client.
Both Client and his new lawyer sent letters
to Mr. Beach requesting information about the
status of Client’s case. Mr. Beach responded with
a March 30, 2009, letter admitting his failure to
fulfill his professional obligations to Client and
offering to refund Client’s fee. Mr. Beach did not,
however, refund Client’s fee or respond to subsequent
letters regarding a refund. On September
18, 2009, Client’s new lawyer filed a grievance
against Mr. Beach with the Bar Association. Mr.
Beach did not respond to the grievance, did not
refund any of Client’s $2,000 advance fee, did not
render an accounting, did not provide Client with
copies of any documents from his case, and did
not return any of Client’s original records.
Mr. Beach’s conduct violated RPC 1.3, requiring
a lawyer to act with reasonable diligence
and promptness in representing a client; RPC
1.4(a), requiring a lawyer to promptly inform
the client of any decision of circumstance with
respect to which the client’s informed consent
is required by these Rules, reasonably consult
with the client about the means by which the
client’s objectives are to be accomplished,
keep the client reasonably informed about the
status of the matter, and promptly comply with
reasonable requests for information; 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(a), prohibiting a lawyer from
making an agreement for, charging, or collecting
an unreasonable fee or an unreasonable amount
for expenses; RPC 1.15A(b), prohibiting a lawyer
from using, converting, borrowing, or pledging
client or third-person 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 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( f), requiring a lawyer to promptly pay or
deliver to the client or third person the property
which the client or third person is entitled to receive;
and RPC 1.16(d), requiring a lawyer, upon
termination of representation, to take steps to
the extent reasonably practicable to protect a
client’s interests, such as surrendering papers
and property to which the client is entitled
and refunding any advance payment of fee or
expense that has not been earned or incurred.
Marsha A. Matsumoto represented the Bar
Association. Mr. Beach represented himself. |