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Tucker F. Blair, (WSBA No. 29567, admitted 1999), of Federal Way, was disbarred, effective August 27, 2012, by order of the Washington State Supreme Court following a default hearing. This discipline is based on conduct involving theft, conversion, dishonest conduct, disregard for the rule of law, failure to safeguard property, failure to comply with trust account regulations regarding settlement proceeds, failure to keep the client reasonably informed, and failure to cooperate with the Association’s investigation. Between 2004 and 2011, Mr. Blair:
• Used funds belonging to one or more clients, as well as funds that he was holding to pay on behalf of one or more of his clients, to pay his own personal and business expenses, or to make payments on behalf of other clients, with the intent to benefit himself;
• Failed on numerous occasions to deposit or hold in his trust account client funds for one or more of his clients, including funds Mr. Blair was holding to make payments on behalf of those clients. Mr. Blair knew that he was transferring client funds from his trust account into his business and personal account without notifying his clients and knowingly avoided communicating with his clients;
• Failed on numerous occasions to notify and deliver to his clients settlement proceeds which they were entitled to receive. Mr. Blair intentionally did not pay settlement proceeds to one or more clients and third parties because his purpose was to use the funds for his own personal purposes. Mr. Blair’s clients still do not know how their funds were disbursed;
• Failed to cooperate with the Association’s investigation and acted knowingly and intentionally in his noncooperation with the investigation. Mr. Blair’s lack of cooperation was a means to frustrate and delay the Association’s resolution of this matter and in an effort to conceal the extent of his trust account and other Rules of Professional Conduct violations;
• Failed to provide Client A with a copy of her settlement check and mislead Client A that her subrogation had been paid from the settlement funds Mr. Blair was holding in his trust account, when in fact, Mr. Blair had used the money for his own purpose. Client A may still be liable for the subrogation payment;
• Failed to provide Client B with any payment for her portion of the settlement funds, and deposited the check into his business account. Client B has no idea how much she is owed, or the status of any subrogation claims and believes she has medical liens from the accident that have also not been paid. Mr. Blair intentionally converted Client B’s trust funds for his own use and without entitlement;
• Failed to show Client C the settlement check, never provided any documents for Client C to sign, and deposited the money into his business account. Mr. Blair never provided Client C with a final accounting or any proceeds from the settlement and there are no records indicating that Mr. Blair paid Client C or her providers at any time after he received the settlement. Mr. Blair intentionally converted Client C’s settlement funds for his own use and without entitlement.
Mr. Blair’s conduct violated RPC 1.4(a)(2), requiring a lawyer to consult with the client about the means by which the client’s objectives are to be accomplished; RPC 1.4(a)(3), requiring a lawyer to keep the client reasonably informed about the status of the matter; RPC 1.4(a)(4), requiring a lawyer to promptly comply with reasonable requests for information; RPC 1.5(c)(3), requiring a lawyer, upon conclusion of a contingent fee matter, to provide the client with a written statement stating the outcome of the matter; 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 client funds in a trust account; RPC 1.15A(d), requiring a lawyer to promptly notify a client or third person of receipt of the client or third person’s 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; RPC 1.15A(h)(3), requiring to give reasonable notice to the client of the intent to pay fees or costs through a billing statement or other document; RPC 1.15A(h)(8), requiring that disbursements on behalf of a client or third person may not exceed the funds of that person or deposit, and that the funds of a client or third person must not be used on behalf of anyone else; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflect adversely on the lawyer’s honesty, trustworthiness or fitness; RPC 8.4(c), prohibiting a lawyer from engaging in a conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter.
Kevin M. Bank represented the Bar Association. Mr. Blair represented himself. James M. Danielson was the Hearing Officer.
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