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John Rolfing Muenster (WSBA No. 6237, admitted 1975) of Bainbridge Island, WA, was disbarred, effective 2/27/2020, by order of the Washington Supreme Court. Muenster’s conduct violated the following Rules of Professional Conduct: 1.4 (Communication), 1.5 (Fees), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records).
In relation to his solo practice primarily in the area of civil rights law, the Hearing Officer recommended, and the Supreme Court ordered, that Muenster be disbarred following a hearing. Muenster was found to have violated the Rules of Professional Conduct by: 1) failing to maintain a complete and accurate trust account check register; 2) failing to maintain complete and accurate client ledgers; 3) failing to reconcile his trust account on a monthly basis; 4) failing to maintain copies of his trust account reconciliations; 5) depositing $30,000 in fees that he had fully earned into his trust account rather than his general account; 6) failing to give reasonable notice to his clients of his intent to withdraw earned fees from his trust account, through a billing statement or other document, before disbursing such funds; 7) using and converting client A’s fee payments that exceeded the $45,000 fee called for in the fee agreement without entitlement to the funds; 8) failing to deposit all funds client A advanced for fees and for costs and expenses into his trust account, and by failing to hold such funds in trust until he was entitled to withdraw them; 9) using for his own purposes and converting $20,669.86 of the funds client A had advanced for costs and expenses; 10) withdrawing client A’s funds from trust without first advising him in writing of an intent to do so; 11) failing to promptly provide a written accounting to client A upon his request, and failing to provide him an accounting at least annually; 12) failing to maintain a complete and accurate client ledger, on a contemporaneous basis, for funds received and disbursed in connection with his representation of client A.
Natalea Skvir, Debra Slater and Scott G. Busby acted as disciplinary counsel. John Rolfing Muenster represented himself. Terri R. Luken was the hearing officer. Keith P. Scully was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer's Decision; Disciplinary Board Order Declining Sua Sponte Review; and Washington Supreme Court Order.
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