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Mark C. Prothero (WSBA No. 18702, admitted 1989), of Spokane, received a reprimand on April 5, 2002, following a stipulation approved by the Disciplinary Board in November 2001. This discipline is based on his failure to properly manage his trust account from 1998 to 2000. (Note: Mr. Prothero is to be distinguished from Mark W. Prothero of Kent; WSBA No. 12400.)
As a result of overdrafts on Mr. Prothero’s trust account, the WSBA audit manager examined his account and records for the period January 1998 to November 2000. The examination revealed that Mr. Prothero did not maintain a contemporaneous running balance of the funds in his trust account and did not maintain client ledgers. Mr. Prothero did not reconcile trust-account statements received from the bank with individual client ledgers. During the same period, Mr. Prothero transferred funds from the trust account to his general checking account without any client identification or purpose stated for the transfer. Mr. Prothero deposited funds into the trust account without any client identification, and disbursed funds from the account in excess of the amount individual clients had on deposit. He also disbursed funds on behalf of some clients from the funds of other clients and failed to reimburse the account for bank charges that were his responsibility.
Mr. Prothero was not aware of the shortages until the overdrafts and the subsequent examination by the WSBA audit manager. By October 4, 2001, Mr. Prothero had deposited his own funds into the trust account to correct the shortage.
Mr. Prothero’s conduct violated RPCs 1.14(b)(3), requiring lawyers to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer, and render appropriate accounts to his or her client regarding them; and 1.14(a), requiring that all funds of clients paid to a lawyer or law firm, including advances for costs and expenses, shall be deposited in one or more identifiable interest-bearing trust accounts, and no funds belonging to the lawyer shall be deposited therein.
Randy Beitel represented the Bar Association. Mr. Prothero represented himself.
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