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Richard D. Himberger, (WSBA No. 18934, admitted 1989), of Boise, ID, was ordered to receive a reprimand, effective September 6, 2012, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Idaho. This discipline is based on conduct involving failure to keep complete records of trust accounts, failure to preserve records for the required five years after termination of representation, and failure to respond in full to the Idaho State Bar’s disciplinary investigation.
Mr. Himberger failed to keep complete records of his trust account funds and to preserve those records for a period of five years after termination of representation. Mr. Himberger explained that some computer records relating to the trust account were lost or destroyed by a former employee. Mr. Himberger acknowledged he was not able to conclusively determine or allocate funds held in his trust from January 2010 until very recently, when he hired a CPA to identify the ownership of funds presently held in the trust account and to recommend internal accounting controls. Mr. Himberger acknowledged a lack of records demonstrating that his trust account funds were held totally separate from his own property; however, none of Mr. Himberger’s clients made any complaints to the Idaho State Bar regarding his handling of their trust account funds, and his clients did not request any accountings of their funds held in his trust account.
Mr. Himberger’s conduct violated Idaho’s R.P.C. 1.15(a), requiring a lawyer to hold property of clients or third persons separate from the lawyer’s own property; Idaho’s R.P.C. 8.1(b), requiring a lawyer to respond to Bar Counsel in connection with disciplinary matters; and Idaho’s B.C.R. 505 [failure to cooperate with or respond to a request from Bar Counsel].
Joanne S. Abelson represented the Bar Association. Mr. Himberger represented himself.
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