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Brian M. Keith (WSBA No. 14404, admitted 1984), of Eugene, Oregon, has been suspended for 90 days effective May 20, 2002, pursuant to an RLD 12.6 reciprocal discipline proceeding. Mr. Keith was disciplined by the Supreme Court of California for failing to place client funds in a trust account and misappropriating a portion of those funds in 1997.
In June 1996, an insurance company retained Mr. Keith to represent it in a subrogation lawsuit. In February 1997, Mr. Keith settled the lawsuit and received two drafts payable to himself and the insurance company. Mr. Keith, who was entitled to $23,180.65 in attorney’s fees, deposited $46,361.35 into a checking account, not a trust account. Prior to distributing any funds to the client, the balance in the checking account was $1,345.59. The insurance company contacted Mr. Keith several times, asking for an accounting of the funds and payment of their share.
On October 14, 1997, Mr. Keith issued two checks to the insurance company. When the insurance company tendered the first check to the bank, it was returned due to insufficient funds. In December 1997, Mr. Keith issued a partial replacement check from a different checking account. Mr. Keith finally delivered the remaining insurance company funds in June 1998.
Mr. Keith’s conduct violated California Business and Professions Code Sections 4-100(A), requiring lawyers to deposit client funds into a trust account; 4-100(B)(3), requiring lawyers to provide accountings to clients upon request; 4-100(B)(4), requiring lawyers to promptly, upon request, deliver client funds in a lawyer’s possession to the client; and 6-106, prohibiting lawyers from committing acts of moral turpitude, dishonesty or corruption.
Felice Congalton represented the Bar Association. Mr. Keith represented himself.
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