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Patricia A. Toy (WSBA No. 20178, admitted 1990), of Tacoma, was suspended for 60 days by order of the Supreme Court effective May 8, 2002, following a stipulation. This discipline is based on her failure to properly maintain her IOLTA account from 1998 through 2000.
The WSBA audit manager examined Ms. Toy’s trust-account records for the period December 1998 through November 2000. During this period, Ms. Toy did not maintain contemporaneous balances of the funds in the trust account or prepare individual client ledgers. For some of the months during the audit period, Ms. Toy did not retain bank statements or cancelled checks. Ms. Toy did not have sufficient records for the audit manager to reconstruct the account activity. The audit manager obtained microfiche records from the bank, and reconstructed a check register and client ledgers.
Prior to February 2000, Ms. Toy was not able to obtain a personal checking account. During this period, Ms. Toy used her IOLTA account as her personal checking account. Ms. Toy retained earned fees in the trust account and deposited earned fees into the trust account to cover her personal disbursements. In February 2000, She obtained a personal checking account and made no further personal disbursements from her IOLTA account. No clients lost funds or were denied access to their funds during this period of time.
Ms. Toy’s conduct violated RPCs 1.14(b) (3), requiring lawyers to maintain complete records of all funds in their possession and render appropriate accounts to clients; and 1.14(a), prohibiting lawyers from maintaining personal funds in their trust accounts, except for amounts to pay bank charges or amounts in dispute.
Randy Beitel represented the Bar Association. Ms. Toy represented herself.
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