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Robert Dollinger (WSBA No. 16597, admitted November 18, 1986), of Wenatchee, has been disbarred following a hearing, by order of the Supreme Court filed January 22, 1999. The discipline is based upon his repeated deposits of client and firm funds into his personal accounts, and failure to maintain any records regarding these transactions.
From 1987 through 1992, Mr. Dollinger was employed by a Wenatchee law firm and was not authorized to "moonlight." Mr. Dollinger collected a check for an advance fee deposit from a firm client. He cashed this check without the firm’s or the client’s knowledge and converted the funds for his own use. In another matter, Mr. Dollinger requested two checks from the firm’s accountant. Mr. Dollinger used these funds to pay for personal travel expenses for himself and his wife. When a partner in the firm questioned these expenses, Mr. Dollinger stated that the funds were used for firm business. The firm terminated Mr. Dollinger’s employment.
From May 7, 1992 through June 30, 1995, Mr. Dollinger was employed by another Wenatchee firm. This law firm also did not authorize "moonlighting." In several instances, Mr. Dollinger failed to deposit client funds into the firm trust account. In one instance, Mr. Dollinger had a client’s settlement check sent to his home. Mr. Dollinger deposited part of the settlement into his personal checking account and the rest into his personal savings account. Mr. Dollinger then requested that the firm accountant write off the client’s fees and expenses. In another instance, Mr. Dollinger deposited a client’s $7,500 settlement check into his personal account. He then purchased a $5,345.40 cashier’s check made payable to the client. He also requested that the firm accountant write off the fees and expenses in this matter. He did not maintain any records of this transaction. In a third instance, Mr. Dollinger represented four clients in a personal injury matter. He received four settlement checks, but only disclosed the existence of one. He deposited the first settlement check into the firm trust account. Mr. Dollinger deposited the remaining three settlement checks into his personal account and wrote the clients personal checks for a portion of the original amount. Again, Mr. Dollinger requested that the firm accountant write off the client’s fees and expenses. He maintained no records of these transactions.
In several other matters, Mr. Dollinger deposited client settlement funds into his personal account and wrote personal checks to the clients. In another instance, the firm learned that Mr. Dollinger was representing a client. When a partner questioned Mr. Dollinger, he denied any knowledge of the client. Eventually, Mr. Dollinger admitted that he represented this client, but explained that he did not tell the firm because he was not charging a fee. He then wrote a letter stating that he intended to collect a one-third fee. In another instance, Mr. Dollinger told his firm that he would be arguing a case in Yakima all day. In fact, he participated in the argument by telephone while flying from Wenatchee to Phoenix. Mr. Dollinger billed the client for a seven-hour argument, when the actual argument took much less time. Mr. Dollinger told a firm partner that he would "catch up" later in the month. The firm did not send this bill to the client.
By repeatedly failing to deposit client funds into the trust account and maintain records of transactions with client funds, Mr. Dollinger violated RPCs 1.14(a) and (b)(3). By depositing client funds into his personal accounts, Mr. Dollinger violated RPC 8.4(c), which prohibits conduct involving dishonesty, fraud, deceit or misrepresentation. By lying about attending the Yakima argument personally and about the amount of time spent at this argument, Mr. Dollinger violated RPCs 4.1(a) prohibiting making a false statement of material fact or law to a third person; and RPC 8.4(c). The hearing officer found that Mr. Dollinger’s guilty plea to a first-degree theft charge involving these same facts indicated that Mr. Dollinger’s actions were intentional.
Sachia Stonefeld represented the Bar Association. Leland Ripley represented Mr. Dollinger. The hearing officer was Robert Redman.
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