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James L. Weerts (WSBA No. 13768, admitted 1983), formerly of Vancouver, Washington, has been ordered disbarred pursuant to a Stipulation to Disbarment, approved by the Supreme Court on February 25, 1998, and effective that date. The discipline is based upon his having abandoned his law practice, resulting in several grievances, and his misuse of client funds.
Weerts closed his Vancouver, Washington law office in fall 1993, but did not advise several clients. The clients encountered substantial difficulties in locating Weerts over many months. He was suspended from the practice of law in Washington State in June 1994 for failure to pay his license fees. He continued to do legal work in two cases, however, and in one case he collected legal fees from the Washington client, although he knew he was suspended from the practice of law. In another case, in summer 1994, he erroneously believed that the client’s case was settled and advised the client to begin paying reduced support based on a change of custody. Later, a garnishment action was begun based on the existing support order that had never been modified. His failure to keep clients informed of his practice location violated RPC 1.4 (communication with clients). By failing to give his clients notice of his June 1994 suspension, he violated RLD 8.1 (notice to clients upon suspension). By continuing to represent the clients while knowing that he been suspended from practicing law, he violated RLD 8.2 (practicing law while suspended).
In a separate personal injury case, Weerts failed to account for and deliver a client’s settlement funds which were owed to a medical provider. The case was settled in September 1993 for $16,500, and Weerts advised the client that he would pay $1780 to a medical provider. The settlement funds were deposited in trust, and disbursed as outlined in the settlement statement provided the client, except the medical bill was not paid. Instead, Weerts spent the funds initially withheld for the medical provider on personal obligations. His failure to pay or deliver to the client or the medical provider, as requested by the client, funds which they were entitled to receive, violated RPC 1.14 (b)(4) (prompt delivery to client or to third party of client funds) and RPC 8.4 (c) (dishonesty). In 1996, a civil judgment for economic and punitive damages was entered against Weerts on this claim.
Weerts was suspended from the practice of law in Washington in 1994 for failure to pay Association license fees and to comply with continuing legal education (APR 11) requirements. He did not seek reinstatement to active status during these proceedings. In fall 1997, Weerts stipulated to disbarment and agreed to pay specific restitution to three clients and to pay any civil judgments entered against him by reason of the professional misconduct outlined in the stipulation. The Stipulation was approved by the Disciplinary Board in December 1997, and by the Supreme Court on February 25, 1998. Weerts represented himself. The Bar Association was represented by Disciplinary Counsel Christopher Sutton.
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