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R. Wayne Torneby (WSBA No. 12431, admitted 1982), of Longview, was disbarred, effective June 19, 2002, by order of the Supreme Court, following a default hearing. This discipline is based on his conduct in 2001, involving abandoning his practice without notice to his clients and failing to file required L&I reports.
Matter 1: In 2000, Mr. Torneby represented a client in a Labor and Industries (L&I) matter. In October 2000, L&I began sending the client’s $1,786.65 pension checks to Mr. Torneby. In April 2001, Mr. Torneby signed his name and the client’s name on the client’s check, deposited it and deducted his fee, but did not send any funds to the client. When the client tried to contact Mr. Torneby, she learned that his phone had been disconnected. Mr. Torneby abandoned his practice without notice to the client. Mr. Torneby’s license to practice law was suspended in June 2001 for failure to pay WSBA dues.
Matter 2: In 2001, Mr. Torneby represented two clients in an L&I matter and a related personal injury action. In February 2001, the client arrived at the office for a meeting and was told that Mr. Torneby had closed his office and left no forwarding address. Mr. Torneby did not appear for the clients’ L&I hearing. The court dismissed the clients’ case for lack of prosecution. The clients did not learn of the dismissal until they reviewed the court file.
Matter 3: In 1997, Mr. Torneby knowingly ceased reporting his employees’ payroll and hours to L&I. He also stopped paying industrial insurance premiums. RCW 51.48.020(b) makes knowingly failing to report employees’ payroll or hours to L&I with the intent to evade determination and payment a felony.
Mr. Torneby’s conduct violated RPCs 1.14, requiring lawyers to preserve client property; 1.3, requiring lawyer to diligently represent their clients; RLD 2.8, requiring lawyers to cooperate with disciplinary investigations; and RLD 1.1(a), prohibiting committing acts involving moral turpitude, dishonesty, corruption . . .or other acts reflecting disregard for the rule of law.
Joanne Abelson represented the Bar Association. Mr. Torneby represented himself. Marc L. Silverman was the hearing officer.
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