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Benjamin L. Carter (WSBA No. 36605, admitted 2005), of Bellevue, was disbarred, effective May 3, 2012, by order of the Washington State Supreme Court following a default hearing. This discipline was based on conduct involving failure to maintain complete trust account records, improperly making cash withdrawals from trust account, failure to notify clients when funds were withdrawn, providing false and misleading information, committing perjury and/or false swearing, conversion of client funds, failure to communicate and inform clients, failure to provide refunds, and failure to provide accountings upon request.
From February 2009 through May 2011, Mr. Carter:
• Provided the Association with false and misleading information, including a fabricated document, and lied about the service of the deposition subpoena;
• Failed to promptly respond to request for records and information, refused to appear at the October 22, 2010 deposition, and lied under oath at his October 29, 2010 deposition;
• Dealt improperly with client funds;
• Failed to respond to one or more grievances;
• Failed to maintain trust account records, failed to reconcile trust account records, and made cash withdrawals from his trust account;
• Transferred escrow funds into his business/personal account and then used the transferred funds for purely personal expenses;
• Knowingly converted client property;
• Misappropriated fees paid in advance;
• Abandoned his practice without giving notice to his clients;
• Overdrew his trust account from July 16, 2010 to August 9, 2010 with $42,667.73 in overdrafts;
• From February 2009 to November 2010, Mr. Carter failed to return $21,160 to 7 clients when asked for a refund;
• Failed to perform services and engaged in a pattern of neglect with respect to five clients’ immigration matters; failed to reasonably consult clients; failed to keep clients informed; failed to comply with reasonable request for information; failed to return clients files; and failed to provide promised refunds;
• Failed to perform services for two or more clients, despite having received advance payment for those services.
Mr. Carter’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 communicate with the client; 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)(2), requiring a lawyer 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; 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)(1), prohibiting a lawyer from depositing or retaining personal funds into trust account; RPC 1.15A(h)(2), requiring a lawyer to keep complete records; RPC 1.15A(h)(3), requiring a lawyer to give reasonable notice prior to withdrawing earned fees; RPC 1.15A(h)(5), requiring all trust account withdrawals to be made only to a named payee and not cash; RPC 1.15A(h)(6), requiring all trust account records to be reconciled as often as bank statements are generated or at least quarterly; RPC 1.15B(a), requiring a lawyer to maintain current trust account records; RPC 1.15B(a)(8), requiring a lawyer to keep copies of all trust account client ledger reconciliations; RPC 1.16(d), requiring a lawyer, upon termination of representation, to take steps to the extent reasonably practicable to protect a client’s interest, such as refunding any advance payment of fee or expenses that has not been earned or incurred; RPC 4.4, requiring a lawyer not to use means that have no substantial purpose other than embarrass, delay or burden a third person; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(l), prohibiting a lawyer from violating a duty imposed by the Rules for Enforcement of Lawyer Conduct.
Scott G. Busby represented the Bar Association. Mr. Carter did not appear, either in person or through counsel. John J. Tollefsen was the Hearing Officer.
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