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Marc L. Meigs (WSBA No. 19992, admitted 1990), of Portland, Oregon, was suspended for 60 days following a stipulation to discipline in Oregon. The Washington Supreme Court approved the RLD 12.6 reciprocal discipline by order dated June 30, 2000. The discipline is based upon his delay in paying funds to an insurance company, and making an unwarranted argument regarding his client’s entitlement to the funds.
Mr. Meigs represented a client injured in an automobile accident. He negotiated a settlement with the other driver’s insurance company. The settlement included a $9,600.23 payment to the client’s insurance company to reimburse PIP (personal injury protection) payments already made to her. The PIP reimbursement check stated on its face, "full and final settlement of PIP lien." An accompanying letter also indicated that the check would satisfy the PIP lien. The check was made out to the client and her insurance company.
On June 19, 1996, Mr. Meigs deposited the check into his trust account without obtaining the insurance company’s endorsement or notifying it of the check. Mr. Meigs advised the client’s insurance company that he would settle his client’s unfiled claim against the driver of the car in which she had been a passenger if they would waive the PIP reimbursement. The insurance company rejected the settlement offer and demanded full PIP reimbursement, which Mr. Meigs refused to pay. The insurance company made two additional demands for the PIP reimbursement and the accrued interest. Mr. Meigs did not pay the PIP reimbursement until July 10, 1997. Neither the client nor Mr. Meigs had any claim to the PIP reimbursement funds.
By depositing the check and retaining the proceeds without any claim of right, Mr. Meigs’ conduct violated Oregon DR 1-102 (A)(3), prohibiting misrepresentation; and Oregon DR 7-102(A)(2), prohibiting knowingly advancing an unwarranted claim.
Douglas Ende represented the Bar Association. Mr. Meigs represented himself.
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