Discipline Notice - Arthur H. Boelter

License Number: 9213
Member Name: Arthur H. Boelter
Discipline Detail
Action: Reprimand
Effective Date: 1/12/2000
RPC: 1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client
Discipline Notice:
Description: Arthur H. Boelter (WSBA No. 9213, admitted 1979), of Seattle, has been ordered to receive a reprimand, pursuant to a stipulation approved by the Disciplinary Board on January 12, 2000. The discipline is based upon his failure to maintain a trust account with interest payable to the Legal Foundation of Washington, depositing funds belonging to the lawyer in the trust account, and failure to maintain complete records of client funds.
In March 1996, the Bar Association auditor issued a report regarding a random audit of Mr. Boelter’s trust account. The auditor found that the pooled client trust account was not an interest-bearing account, all client funds were not maintained in the trust account, and that credit card fees and other bank charges against the trust account were not being reimbursed by Mr. Boelter’s firm. The firm did not reconcile its client records to the bank statements. After working with the firm and accounting for accumulated charges, $3,570 remained unidentified. The firm maintained two pooled trust accounts, and the two accounts were frequently confused. Money deposited into one account was disbursed from the other. Additionally, the firm deposited earned fees and non-legal business money into the trust accounts.
In 1998, the WSBA auditor re-examined Mr. Boetler’s trust account records. The auditor found that Mr. Boelter had opened an interest-bearing trust account in May 1996, but had not paid $1,646, the estimated amount of the lost interest, to the Legal Foundation of Washington. Mr. Boelter also reimbursed his trust account for the credit card charges and other bank fees. The auditor found an accumulation of small errors in the trust account. Mr. Boelter did not reconcile his records to his bank statements on a monthly basis.
Mr. Boelter’s conduct violated RPC 1.14(c)(1), requiring lawyers to maintain interest-bearing trust accounts and pay the interest to the Legal Foundation of Washington; RPC 1.14(a), requiring lawyers to deposit client funds into a trust account; and RPC 1.14(b), requiring lawyers to maintain complete records of client funds.
Linda B. Eide represented the Bar Association. Kurt Bulmer represented Mr. Boelter.


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