| Description: |
Noble C. Njoku (WSBA No. 36351, admitted 2005), of Federal Way, was disbarred, effective March 9, 2012, by order of the Washington State Supreme Court following a default hearing. During a review of Mr. Njoku’s trust accounts, business account, and other records,
which covered the period 2006 through early 2009, the WSBA auditor found the following misconduct by Mr. Njoku:
• Using a client’s funds for personal and business expenses and on behalf of other clients;
• Failing to include information about costs, including whether they would be deducted before or after the contingent fee was calculated, in one or more of his contingent-fee agreements with clients;
• Failing to provide one or more of his clients with written fee settlement statements;
• Misrepresenting to a client how the client’s funds were to be used or disbursed;
• On one or more occasions, failing to deposit and hold client funds in his trust account and disbursing funds on behalf of clients that exceeded the amounts on deposit for those clients;
• Failing to maintain complete trust account records, including failing to keep copies of documents supporting one or more
disbursements, and failing to keep copies of bank statements, cancelled checks, and deposit slips after September 1, 2006; and
• Failing to reconcile his trust account.
Mr. Njoku’s conduct violated RPC 1.5(b), requiring a lawyer to communicate to the client the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible, preferably in writing, before or within a reasonable time after commencing representation; RPC 1.5(c)(2), requiring that a contingent-fee agreement state the method by which the fee is to be determined; RPC 1.5(c)(3), requiring that, upon conclusion of a contingent-fee matter, the lawyer 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; former RPC 1.14(a) and RPC 1.15A(h)(8), prohibiting disbursements on behalf of a client from exceeding the funds of that person on deposit; former RPC 1.14(b)
and RPC 1.15A(h)(2), requiring a lawyer to keep complete records as required by the rules; 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)(1), requiring a lawyer to deposit and hold in a trust account funds subject to
the Rules; RPC 1.15A(c)(2), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property and to deposit into a trust account legal fees and expenses that have been paid in advance; 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)(6), requiring that trust account records be reconciled as often as bank statements are generated or at least quarterly; RPC 1.15B(a)(4), requiring that a lawyer’s records include copies of any statements or accountings to clients or third parties showing the disbursement of funds to them or on their behalf; RPC 1.15B(a)(7), requiring that a lawyer’s records include bank statements, copies of deposit slips, and cancelled checks or their equivalent; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, the crime of theft) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation;
and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or other act which reflects disregard for the rule of law. Kevin M. Bank represented the Bar Association. Noble C. Njoku did not appear either in person or through counsel. Lawrence R. Mills was the hearing officer. |