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Kelso lawyer Dennis G. Ott (WSBA No. 12172, admitted 1981) has been ordered suspended for 30 days by order of the Supreme Court effective December 12, 1997. The discipline is based upon Ott’s having failed to transfer fees he had earned out of the pooled client trust account in a timely way; his transferring funds, which belonged to the client, from client’s trust account as fees; his use of client funds to pay a $250 Civil Rule 11 sanction imposed against him; his altering and recording a previously executed community property agreement; and, his tape recording a client conference without the clients’ knowledge or consent.
Over the course of time, Ott was hired and paid by 12 clients to perform legal work. Money was collected from the clients for the legal work and deposited into the pooled client trust account. It remained there even after Ott completed the tasks and earned his fee for periods ranging from eight months (one count), nine months (five counts), 10 months (two counts), one year (one count), one year and seven months (one count), to six years and five months (one count). Ott’s failure to transfer earned fees in a timely fashion violated RPC 1.14(a) (failure to withdraw funds belonging to lawyer promptly from client trust account).
Ott was hired to probate an estate. Funds belonging to the estate were deposited into a client trust account. When the legal work was completed, Ott transferred his earned fees from the trust account, but then made a second transfer of funds. Within a month Ott discovered the second erroneous transfer and immediately returned the funds to the client’s account. Ott’s negligent transfer of client funds into his general account violated RPC 1.14(a) (withdrawing client funds from a client trust account).
Ott was hired by a client to defend the client in a boundary line dispute. After trial, Ott filed a motion requesting a continuance for the presentment of proposed findings of fact and conclusions of law. Hearing on his motion was set for a date on which Ott was unavailable, so an associate appeared instead. At the hearing, the judge denied the motion, ruled that Ott was deliberately trying to delay the proceedings, and imposed a $250 Civil Rule 11 sanction against Ott personally. Although the associate did not clearly indicate to Ott that the sanction was imposed personally against Ott, the written court order was specific that the sanction was imposed against Ott. Instead of using his own funds, Ott issued a check for the $250 from his client’s trust funds, without the client’s consent, to pay the sanction, which violated RPC 1.14(a) (withdrawing client funds from a client trust account).
Ott prepared a community property agreement for clients who executed it in March 1990. The husband died in April 1994, and the wife died in May 1994. The couple’s heirs hired Ott to probate the estate. During the course of the probate, Ott directed a member of his staff to prepare a new first page for the community property agreement, which deleted a paragraph, and substitute the new page for the original page. After the alteration, Ott recorded, or caused to be recorded, the altered agreement in the county auditor’s office. By directing his employee to alter the community property agreement, Ott violated RPC 5.3(c)(1) (a lawyer is responsible for conduct of a nonlawyer employee that would be a violation of RPCs if engaged in by the lawyer) and RPC 8.4(c) (dishonest conduct). By recording, or causing to be recorded, the altered community property agreement, Ott violated RPC 4.1(a) (knowingly making a false statement) and RPC 8.4(d) (conduct prejudicial to the administration of justice).
Without the clients’ knowledge or permission, Ott made a tape recording of his conference with the clients. Ott’s making such a recording was contrary to RCW 9.73.030, which violated RPC 8.4(b) (committing a criminal act that adversely reflects on a lawyer’s honesty), and also violated RPC 8.4(c) (dishonest conduct).
The hearing officer was C. Bradley Chinn of Spokane. Ott was represented by Leland Ripley. The Bar Association was represented by Disciplinary Counsel Christopher Sutton and Joanne Abelson.
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