| Description: |
Irving Leroy Dane (WSBA No. 6587, admitted 1976), of Vancouver, has been disbarred by order of the Supreme Court effective March 27, 2000. This discipline is based on his committing a criminal act involving moral turpitude, failing to deal properly with client funds, and engaging in conduct involving dishonesty.
Matter 1: In 1991, Mr. Dane agreed to represent a client in a personal injury case against the other driver and the driver’s insurance company. Mr. Dane accepted this case on a contingent fee basis, but did not provide a written fee agreement. In January, the client’s own insurance company paid her $50,000 in under-insured motorist coverage. The client endorsed the check to Mr. Dane, who deposited it into his trust account on February 13, 1992. The client understood that the money would remain in Mr. Dane’s trust account until the case against the driver and the insurance company was over. On April 15, 1992, Mr. Dane withdrew $10,000 of the client’s funds from the trust account and deposited them into his business account. He used some of these funds to make the down payment on his home. On November 16, 1992, Mr. Dane withdrew an additional $15,000 of the client’s money from the trust account. He used this money to make a payment on his house. The client settled her case on November 5, 1997 for $80,000. At this time, Mr. Dane told the client that her $50,000 was still deposited in his trust account and that he was negotiating with her medical providers to waive their liens. The client did not receive any of the $50,000 payment. On July 12, 1999, Mr. Dane pleaded guilty to a first-degree theft charge based on this matter.
Matter 2: In the fall of 1995, a client retained Mr. Dane to represent her son on second-degree murder charges. Mr. Dane required the mother to pay $15,000 in advance fees, plus $2,500 in costs. Mr. Dane did not provide the client a written fee agreement. The client believed she retained Mr. Dane on an hourly basis, but he believed that he was charging a set fee. Between November 27, 1995 and December 28, 1995, Mr. Dane withdrew $17,100 in attorney’s fees on this matter — $2,100 more than was available.
Matter 3: Mr. Dane agreed to represent a client in a personal injury action against the estate of the intoxicated driver of a car that crossed the center line and seriously injured the client. Mr. Dane and the client agreed to a 33-1/3 percent contingent fee. The client received $2,276.89 from the Crime Victim Compensation Program. The Program also paid $2,479.13 of the client’s medical bills. The Program had a statutory lien on any recovery by the client. The court ordered the estate to pay the client $22,650.92, plus interest. On February 6, 1991, Mr. Dane deposited the check from the estate into his trust account. He did not pay the Crime Victim Compensation Program’s lien. Between April 19, 1991 and April 15, 1992, Mr. Dane withdrew $25,922.76 from his trust account, identified as this client’s funds — approximately $3,000 more than was available. Mr. Dane did not pay any portion of the $22,000 to the client.
Mr. Dane’s conduct violated RCW 9A.56.030; RPC 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 1.14, requiring lawyers to deposit client funds into a trust account, maintain complete records of all client funds in the lawyer’s possession, and promptly pay to the client, upon request, funds which the client is entitled to receive; and RLD 1.1(a), subjecting a lawyer to disciplinary action for committing a crime involving moral turpitude.
Leslie Allen represented the Bar Association. Thomas Phelan represented Mr. Dane.
|