Discipline Notice - Albert P. Germano

License Number: 8739
Member Name: Albert P. Germano
Discipline Detail
Action: Suspension
Effective Date: 12/3/1996
RPC: 1.1 - Competence
1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client
1.3 - Diligence
1.4 - Communication
1.5 - Fees
8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation
Discipline Notice:
Description: Tacoma lawyer Albert Peter Germano (WSBA No. 08739, admitted 1978) has been ordered suspended for 60 days, effective December 3, 1996, by Order of the Supreme Court. The Order was entered after a default hearing and approved the recommendations of the Hearing Officer and Disciplinary Board.
In the first grievance, Germano failed to have a final judgment or order entered documenting that the judge had granted his client's Motion to Modify the Parenting Plan. Germano also failed to return his client's telephone calls and failed to participate in the disciplinary proceedings. The hearing officer found that Germano violated RPC 1.1 (failure to understand relevant legal doctrines or procedures) and/or RPC 1.3 (negligent failure to act with reasonable diligence); RPC 1.4 (communication with client); and RLD 2.8 (requiring a lawyer to cooperate fully and promptly with a disciplinary investigation).
In the second grievance, Germano failed to provide the client with a written settlement statement showing how the client's portion of the settlement had been calculated, failed to pay the client's outstanding chiropractic bill out of the settlement proceeds despite agreeing to do so, and failed to retain sufficient funds in his trust account to pay the chiropractic bill. Germano later paid the chiropractic bill in full. The hearing officer found that Germano violated RPC 1.5 (failure to provide a written statement showing how the client's portion of the settlement was determined in a contingent fee case); RPC 1.14(b)(4) (requiring a lawyer to deliver the funds as requested by a client): and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation) and/or RPC 1.14(b)(3) (requiring a lawyer to keep and maintain complete records of all client funds coming into his possession).
The Disciplinary Board adopted the hearing officer's Findings of Fact, Conclusions of Law, and Recommendations. The Disciplinary Board further ordered payment of restitution to the first client as a condition of reinstatement and a monitored probation for two years after reinstatement during which time Germano must earn 20 CLE credits in law office management or client communication skills. The hearing officer was Stephen J. Bean of Olympia. The Bar Association was represented by disciplinary counsel Leslie Ching Allen. Germano was not represented.


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