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Dominic T. Santiago (WSBA No. 8560, admitted 1978), of Seattle, was suspended for two years by order of the Supreme Court following a hearing, effective May 8, 2002. This discipline is based on his failure to properly administer his IOLTA account from 1996 through 2001. The sanction in this matter was affected by significant aggravating factors.
In early 2001, the Bar Association audited Mr. Santiago’s client trust account (IOLTA) for the period January 1996 through March 28, 2001. During this period, Mr. Santiago failed to maintain client ledgers or check registers sufficient to accurately track client account balances. In several instances, Mr. Santiago failed to pay clients all of the money they were entitled to receive from his trust account. As of March 28, 2001, Mr. Santiago owed his clients $10,319.16 from his IOLTA. As of this same day, Mr. Santiago’s trust account was short $13,104.33 in client funds. Mr. Santiago frequently used a client’s funds to advance costs or cover shortages for other clients.
During this same time period, Mr. Santiago commingled his funds with his clients’ funds by leaving earned fees in the IOLTA. Mr. Santiago frequently acted as the escrow agent in real estate transactions. He prepared the “final” settlement statements prior to making the final disbursements. The settlement statements were frequently inaccurate. On many occasions, Mr. Santiago overpaid buyer or seller expenses, underpaid escrow fees or costs, or failed to refund excess funds to the buyer or seller.
Mr. Santiago’s conduct violated RPCs 1.14(a), requiring lawyers to deposit client funds into an IOLTA account and to keep the lawyer’s funds out of this account; 1.14(b)(3), requiring lawyers to maintain complete records of clients funds and render appropriate accountings to clients; and 1.3, requiring lawyers to diligently represent their clients.
Kevin Bank represented the Bar Association. Douglas O. Whitlock and Joseph J. Ganz represented Mr. Santiago.
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