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Tacoma lawyer John B. Atkinson (WSBA No. 14715, admitted November 6, 1984) has been disbarred by order of the Supreme Court, effective January 7, 1999. The discipline is based upon his taking excess fees, failing to pay medical providers, and failing to properly account for client funds.
On May 14, 1998, the WSBA auditor reported the results of a random audit of Mr. Atkinson’s trust account. The auditor found that during the period April 1, 1997 through April 16, 1998, Mr. Atkinson had removed $5,513.70 more from his trust account than he had earned, and that his trust account was $20,537.36 short. The auditor concluded that much of the shortfall could be traced to Mr. Atkinson’s failure to pay health-care providers.
Based on the results of the random audit, WSBA obtained an order for an expanded audit. This expanded audit showed that for the period January 1, 1994 through July 27, 1998, Mr. Atkinson took excess fees totaling $14,933.10 from 15 clients and that his trust account was $27,082.35 short. During the period between the first and second audits, Mr. Atkinson failed to correct the noted recordkeeping deficiencies.
Mr. Atkinson’s conduct violated RPC 1.5, requiring reasonable fees; RPC 1.1(a), prohibiting acts of moral turpitude and acts reflecting disregard for the rule of law; RPC 8.4(c), prohibiting engaging in conduct involving dishonesty, deceit and misrepresentation; RPC 1.14, requiring lawyers to promptly deliver client funds to clients; and RPC 1.14(b)(3), requiring lawyers to preserve the identity of client funds and property.
Linda Eide represented the Bar Association. Mr. Atkinson represented himself.
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