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Tacoma lawyer Christopher Eichhorn (WSBA No. 7427, admitted May 13, 1977) has been suspended for 45 days and ordered to receive a censure pursuant to a stipulation approved by the Supreme Court on November 9, 1998.
First Matter. In 1988, Mr. Eichhorn represented clients in a real estate foreclosure action. He drafted the Resignation and Appointment of Successor Trustee Form (Trustee Form) to have himself appointed trustee under the deed of trust. Although he obtained all the necessary signatures, Mr. Eichhorn never recorded the form. This form is statutorily required to vest authority to conduct a nonjudicial foreclosure. Mr. Eichhorn conducted the nonjudicial foreclosure without curing this defect. Believing that title to the property had been returned to them, the clients attempted to re-sell the property. Mr. Eichhorn acted as escrow agent in the new sale. Mr. Eichhorn received the preliminary title report stating that the Trustee Form must be filed and the Trustee’s Sale rescheduled. Mr. Eichhorn closed the sale without informing the parties of the title defect. He then wrote a letter to the title company, falsely stating that the reported defect had been "taken care of." The title company decided not to issue a title insurance policy. Neither the buyers nor the sellers were aware that the title company did not issue a policy until 1993, when the buyers attempted to sell the property. Mr. Eichhorn’s conduct in failing to record the required Trustee Form violated RPC 1.3. His conduct in failing to inform the parties of the potential conflicts caused by his representation violated RPCs 1.4 (communication) and 1.7. His conduct in not telling the parties about the title defect violated RPCs 1.4 and 8.4(c)(dishonesty).
Second Matter. In 1988, Mr. Eichhorn represented clients in a mobile home purchase. The mobile home was subject to a lien. The sellers deposited money in escrow to satisfy the lien, but prior to closing, the lien holder filed for bankruptcy protection. The parties closed the sale in 1991, with the lien pending, deciding that they would settle the lien after the bankruptcy. Both buyer and seller then retained Mr. Eichhorn to act as a "collection or escrow agent," to collect and disburse payments. In January 1992, Mr. Eichhorn removed $1,014 from the escrow/trust account, without consent from or notice to either party. In February 1992, Mr. Eichhorn removed an additional $500 from escrow/trust without consent from or notice to the parties. In this same month, Mr. Eichhorn met with the parties and obtained signatures on a written disclosure of conflict in representing both of them in the lien matter. Mr. Eichhorn did not explain the potential conflict caused by his continued collection/escrow duties for both parties. Mr. Eichhorn disbursed some of the payments to the lender late, incurring late fees, and damaging the client’s credit. He did not consistently inform the client of the late fees. The sellers retained new counsel to foreclose the buyer’s interest. Mr. Eichhorn filed suit on behalf of the buyers. In February 1994, the buyers sold their interest in the mobile home. The lien was paid during this transaction. In September 1994, the foreclosure lawsuit settled. Mr. Eichhorn handled all of the funds involved in this transaction. He did not keep separate or accurate ledgers of these transactions. He also did not provide the parties with an accounting of their funds. Mr. Eichhorn’s lack of records made it impossible to accurately reconstruct the account history. His conduct in failing to explain and obtain a written waiver of the conflicts in representing both parties in these matters violated RPC 1.7. His conduct in representing the buyers in a lawsuit against the sellers, after representing both parties, violated RPC 1.9. His conduct in removing fees from the trust account without the clients’ consent violated RPC 1.14. His conduct in failing to diligently settle the lien matter violated RPC 1.3.
Third Matter. In 1987, Mr. Eichhorn represented a client in a paternity and custody matter. The client’s children were born while he lived with the mother, who was married to someone else. In 1987, the Court granted the client temporary custody of the children. The parents reconciled and Mr. Eichhorn took no further action until 1992, when the mother left the home. Mr. Eichhorn served the mother by publication and then took an order of default against her in 1993. In May 1993, a Pierce County Superior Court Commissioner told Mr. Eichhorn that he would not sign the paternity decree without service on the children’s presumptive father, the mother’s legal husband. After this conversation, Mr. Eichhorn did no further work on the client’s case. In August 1994, after several unanswered phone calls, the client retained new counsel, who was able to finalize the case in two months. Mr. Eichhorn’s conduct in failing to work on the client’s case for several months violated RPC 1.3 (diligence). His conduct in not returning his client’s phone calls violated RPC 1.4 (communication).
Joy McLean represented the Bar Association. Mr. Eichhorn represented himself. Ronald Bland served as the hearing officer.
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