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Seattle lawyer Thomas C. Bierlein (WSBA No. 13425, admitted October 27, 1983) was suspended by order of the Washington Supreme Court entered February 20, 1997, effective February 25, 1997, entered after a disciplinary hearing and review by the Disciplinary Board. Bierlein was also ordered to pay costs and expenses associated with his disciplinary proceedings, in the amount of $9,961.69.
The disciplinary proceedings were based on Bierlein's actions in representing seven clients while he was an associate at a law firm. In one client's case, Bierlein endorsed a settlement check, deposited it to his personal account, attempted to disburse the settlement amount to the client, and attempted to keep, without authorization or entitlement, the legal fees due to his employer.
In the second client's case, Bierlein endorsed a $50,000 settlement check, deposited it to his personal account, and listed the funds as a personal asset in his residential loan application and stated in the loan application process that such funds represented respondent's earlier fees. Bierlein submitted false information and made false statements to disciplinary counsel when questioned regarding the relationship of his residential loan application and the funds.
In the third client's case, Bierlein endorsed a settlement check, deposited it to his personal account, and disbursed the funds to the client. He failed to maintain complete contemporaneous written records upon his receipt and disbursal of the settlement.
In the fourth and fifth clients' cases, Bierlein personally collected the 1/3 contingent fee due to his employer from the clients' settlements and failed to maintain complete contemporaneous written records upon his receipt and disbursal of these settlements.
In the sixth client's case, Bierlein endorsed a settlement check, deposited it to his personal account, and disbursed funds to the client and to his employer. He failed to maintain complete contemporaneous written records upon his receipt and disbursal of the settlement.
In the seventh client’s case, Bierlein endorsed a settlement check, deposited it to his to his personal account, disbursed the settlement amount to the client and then appropriated the legal fees due to his employer without authorization or entitlement.
Bierlein's actions violated the Rules of Professional Conduct (RPCs) as follows: misappropriating the firm's fees and listing the client settlement as a personal asset violated RPC 8.4(c), which prohibits conduct involving dishonesty, fraud, deceit or misrepresentation; commingling client funds in his personal account and failing to maintain complete contemporaneous written records violated RPC 1.14; failing to provide written settlement statements to clients violated RPC 1.5; and, providing false information and statements to Disciplinary Counsel violated Rule of Lawyer Discipline 2.8 which requires a lawyer to make full and complete responses to the Association. These violations subjected Bierlein to discipline pursuant to Rules for Lawyer Discipline 1.1 (a) and (i).
The Association was represented by Disciplinary Counsel Lisa E. Crawford and Leslie Ching Allen. Respondent was represented by Kurt Bulmer. The hearing officer was Thomas J. Greenan of Seattle.
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