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Brian W. Chance (WSBA No. 11649, admitted 1981), of Massachusetts was disbarred effective May 8, 2002, by order of the Washington Supreme Court based on the identical discipline imposed in Massachusetts. This discipline was based on his conduct in 1998 and 1999, involving misuse of client funds in two trust and estate matters.
Matter 1: In 1999, Mr. Chance drafted estate planning documents for an elderly client. In January 2000, the client died, leaving all of her assets in trust for the care of her disabled son. An employee in Mr. Chance’s office was appointed trustee and executor of the client’s estate. The employee gave Mr. Chance a $204,585.19 check to deposit into his IOLTA account until an estate account could be established. Between July 2000 and February 2001, Mr. Chance disbursed $120,000 of the estate funds for unrelated matters. When Mr. Chance failed to provide an accounting, the employee filed a civil suit seeking return of the funds.
Matter 2: In 1998, Mr. Chance agreed to represent a trustee in funding and managing a trust. In September 1998, Mr. Chance paid himself $8,900 from these trust funds without authorization. Between August 1998 and November 2000, Mr. Chance disbursed another $67,000 in trust funds to himself without the trustee’s authorization. In July 2000, the trustee discharged Mr. Chance. After his discharge, Mr. Chance disbursed $20,000 to the trustee, using funds belonging to the estate discussed in matter 1.
Mr. Chance’s conduct violated Massachusetts Rules of Professional Conduct 1.15(a), (b), (d) and (e), requiring lawyers to withdraw when asked by the client and to protect the client’s interests upon withdrawal; 8.4(c); prohibiting dishonesty, fraud, deceit or misrepresentation; 1.1, requiring lawyers to provide competent representation; 1.2(a); requiring lawyers to abide by their client’s decisions concerning the objectives of the representation; 1.3, requiring lawyers to diligently represent their clients; and 1.4(a), requiring lawyers to keep their clients reasonably informed of the status of their matters.
Felice Congalton represented the Bar Association. Mr. Chance represented himself.
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