| Description: |
Robert M. Quillian (WSBA No. 6836, admitted 1976), of Olympia, was ordered to receive a reprimand following approval of a stipulation by a hearing officer on March 21, 2012. This discipline was based on conduct involving conversion of client property, trust account irregularities, and failure to maintain trust account records.
Matter No. 1: In May 2008, Mr. Quillian was hired by Client A to appeal his criminal convictions. Mr. Quillian did not have a written fee agreement with Client A. During all material times, Mr. Quillian did not maintain a check register for his trust account with a running balance; did not reconcile his trust account
and client ledgers; and did not keep copies of bank statements, deposit slips, and cancelled checks for his trust account. Client A’s mother paid Mr. Quillian $5,000 in advance fees, which he deposited into his trust account. In July and August 2008, Mr. Quillian withdrew from his trust account approximately $3,650 of unearned advance fees held on behalf of Client A. During that same time period, Mr. Quillian also received approximately $350 of advance fees on behalf of Client A, which were deposited into his general account and used for other purposes. Mr. Quillian
did not send any billing statements or accountings to Client A or Client A’s mother prior to withdrawing the unearned advance fees. At the time, Mr. Quillian was not keeping accurate billing records for legal services provided to Client A, and his use of Client A’s unearned advance fees, which he subsequently earned, was due to his poor record-keeping. During the investigation, the Association discovered that Mr. Quillian issued a check from his trust account
for cash in the amount of $1,000. Matter No. 2: On June 16, 2009, Client B was convicted of assault and harassment. In September 2009, Client B’s grandfather hired Mr. Quillian to handle Client B’s potential post-conviction motions and sentencing at $200 per hour. Mr. Quillian did not have a written fee agreement. On September 12, 2009, Mr. Quillian was paid $3,000 in advance fees to represent Client B, which he deposited into his general account and used before the funds were earned. Mr. Quillian did not provide a billing statement to Client B or his grandfather before withdrawing the $3,000. Mr. Quillian ultimately earned the $3,000 and received another $1,000 in earned fees for legal services provided to Client B. Mr. Quillian also wrote off some earned fees.
Mr. Quillian’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; 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)(3), requiring a lawyer to give reasonable notice prior to withdrawing earned fees; 1.15A(h)(5), requiring all withdrawals to be made only to a named payee and not to cash; 1.15A(h)(6), requiring all trust account records to be reconciled as often as bank statements are generated or at least quarterly; RPC 1.15A(h)(8), prohibiting disbursements on behalf of a client or third person from exceeding the funds of that person on deposit; RPC 1.15B(a), requiring a lawyer to maintain current trust account records; and RPC 1.15B(a)(2), requiring that trust account records include individual client ledger records containing either a separate page for each client or an equivalent electronic record showing all individual receipts, disbursements, or transfers.
Jonathan H. Burke represented the Bar Association. Mr. Quillian represented himself. Nadine D. Scott was the hearing officer. |