| Description: |
Alisa D. Maples (WSBA No. 25735, admitted 1996),
of Tacoma, resigned in lieu of disbarment, effective
February 29, 2012. This resignation was based on
conduct involving conversion of clients’ funds,
failure to deposit advance fees into a trust account,
and failure to protect clients’ interests. While not
admitting to the misconduct in the Statement of
Alleged Misconduct, Ms. Maples admits that the
Bar Association could prove the violations, by a
clear preponderance of the evidence, sufficient to
result in her disbarment. According to the Statement
of Alleged Misconduct:
Misappropriation of Client Funds: Ms.
Maples was hired on a one-third contingent
fee basis to represent Client A in her personal
injury claim. On March 29, 2010, Ms. Maples
received and deposited into her trust account
a $25,000 check representing settlement
proceeds belonging to Client A. On March
30, 2010, Ms. Maples paid herself $8,250 as
her contingent fee, leaving $16,750 of Client
A’s settlement proceeds in the trust account.
Between March 30, 2010, and December 31,
2010, at a time when she was experiencing
financial problems, Ms. Maples knowingly
misappropriated client funds held in her trust
account, most of which belonged to Client A.
During November and December 2010, Client
A and her husband contacted Ms. Maples
and asked for her settlement proceeds. On
December 15, 2010, Ms. Maples paid Client A
$1,000. At that time, Ms. Maples’s trust account
contained $10,290.31, when it should have
contained $15,020.39 of Client A’s settlement
proceeds. On September 23, 2011, Ms. Maples
withdrew $10,000 from her trust account and
used these funds to issue a certified check to
2012
Client A for $10,000, leaving an outstanding
balance owed to Client A of $5,020.59.
Mishandling of Advance Fees: From 2009
until September 2011, Ms. Maples required
clients who hired her on an hourly basis to
pay a “retainer.” As described in her standard
fee agreement, the “retainers” were actually
advance fees that should have been deposited
into a trust account. Ms. Maples’ standard
fee agreement provided that the “retainer”
would be deposited into her general account,
but did not disclose to clients that she would
be using the funds paid by clients before they
were earned.
During 2010 and 2011, Ms. Maples had a
number of clients terminate her services and
request the return of advance fees. Ms. Maples
often did not have sufficient funds available to
promptly return unearned advance fees. Clients
routinely would have to wait many months
before Ms. Maples returned unearned advance
fees. For example, two clients hired Ms. Maples
to represent them in their individual family law
matters. The clients paid Ms. Maples $2,000
and $2,500 respectively, which Ms. Maples
deposited into her general account and used
for personal purposes. One client terminated
Ms. Maples for not pursuing her matter, while
the other terminated Ms. Maples shortly after
hiring her. Both clients repeatedly asked Ms.
Maples to return their unearned advance fees.
Ms. Maples returned the first client’s advance
fees only after the client had filed a grievance
with the Bar Association. Ms. Maples returned
the second client’s unearned fees seven months
after the client hired her.
Trust Account Withdrawals. During the
period from February 2010 through April 2010,
Ms. Maples was experiencing financial difficulties
and intentionally used unearned client
funds held in her trust account for personal
purposes, including four payments that ranged
from between $34.68 and $75.53.
Ms. Maples’s conduct violated 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 and, except
as provided in the Rules, to deposit into a trust
account legal fees and expenses that have been
paid in advance, to be withdrawn by the lawyer
only as fees are earned or expenses incurred; 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 refunding any advance payment of fee or
expense that has not been earned or incurred.
Jonathan H. Burke represented the Bar Association.
Ms. Maples represented herself. |