| Description: |
Jonny Ludington Green (WSBA No. 18552, admitted 1989), of Bellevue, has been suspended for two years pursuant to a stipulation approved by the Disciplinary Board on November 29, 1999 and by the Supreme Court on January 21, 2000. The discipline is based on her depositing money paid by firm clients into her personal account.
Ms. Ludington Green was employed as a full-time contract lawyer and later as an associate with a law firm. The firm’s unwritten policy, which Ms. Ludington Green was aware of, was that all client money was given to the bookkeeper to be deposited.
On at least four occasions with three clients, Ms. Ludington Green deposited the clients’ checks into her personal account. Although Ms. Ludington Green believes that she documented these payments in file notes that would have been sent to the bookkeeper, none of the amounts showed up on the clients’ billing statements. When the bookkeeper told Ms. Ludington Green that a client had asked about a $1,200 payment, she asked the bookkeeper if the payment could be considered as an advance. The bookkeeper and Ms. Ludington Green agreed that the money should be paid back to the firm through payroll deduction. Only $100 was actually deducted.
A firm partner wrote to Ms. Ludington Green in September 1994, asking why a client’s checks had not been delivered to the bookkeeper. Ms. Ludington Green responded that she had "bonuses on the books." She offered to repay the amount if asked, and also volunteered that she had deposited another client’s payments into her personal account. In February 1995, the firm asked Ms. Ludington Green to sign a $10,894.88 Confession of Judgment. Although both Ms. Ludington Green and her spouse signed the document, they refused to have their signatures acknowledged. At the time of the stipulation, Ms. Ludington Green had made no payments on the judgment. The Supreme Court order requires the judgment amount to be repaid prior to reinstatement.
Ms. Ludington Green’s conduct violated RPC 1.14, requiring that client funds be deposited into a lawyer’s trust account; and RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation.
Marsha Matsumoto represented the Bar Association. Leland Ripley represented Ms. Ludington Green. The hearing officer was Timothy Esser.
|