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Richard J. McKay (WSBA No. 19987, admitted 1990, of Venice, FL was disbarred effective July 17, 2003, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2001 and 2002 involving conversion of client funds, failure to comply with trust account rules and failure to cooperate with the disciplinary investigation.
In January 2001, Mr. McKay received $60,000 in settlement funds for a client’s personal injury matter. Mr. McKay signed the checks as “attorney in fact” for the client and the funds were deposited into a client trust account. Mr. McKay did not have authority to endorse checks on the client’s behalf. By the end of March 2001, the trust account balance was less than $4,000. Mr. McKay did not send the client his approximately $25, 4000, or pay the $13, 700 Medicare reimbursement. The Hearing Officer found that Mr. McKay intentionally converted the client’s settlement funds. The client visited Mr. McKay’s office in the fall of 2001 and discovered that the office was vacated. The Bar Association located Mr. McKay in Venice Florida. Mr. McKay failed to file trust account declarations for three years. Mr. McKay did not cooperate with the disciplinary investigation.
Mr. McKay’s conduct violated: RPC 8.4(b), prohibiting committing a criminal act [theft] that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; RLD 13.5 [now ELC 15.5], requiring all active lawyers to file annual trust account declarations; and RLD 2.8(a) [now ELC 5.3(e); requiring lawyers to promptly respond to requests made for information relevant to grievance investigations.
Linda Eide represented the Bar Association. Mr. McKay represented himself. Steven W. Hale was the Hearing Officer.
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