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Dana M. Ryan (WSBA No. 17418, admitted 1987), of Sumner, received a reprimand effective December 5, 2003, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 1999, involving failing to diligently represent a client, failing to comply with the trust account regulations, and charging an unreasonable fee.
In 1999, Mr. Ryan agreed to represent a client in vacating a guilty plea. The client was incarcerated, and Mr. Ryan agreed to help him purchase a used car. The client paid Mr. Ryan $50 for picking up the car. Mr. Ryan, with the client's permission, withdrew $2,050 from the client's jail account. Mr. Ryan did not deposit the client's money in his trust account or maintain any records of the funds. Between March 9 and March 27, 1999, Mr. Ryan made five appointments to pick up the car. He failed to appear for any of these appointments. The seller cancelled the deal and retained $100 of the client's funds to cover collect calls. By December 10, 1999, Mr. Ryan returned all of the client's funds.
The client also paid Mr. Ryan $110 to transcribe two tapes. Mr. Ryan did not complete the transcriptions, and retained the client's funds.
Mr. Ryan's conduct violated RPCs 1.14, requiring lawyers to deposit client funds into a trust account and maintain complete records of these funds; 1.3, requiring lawyers to diligently represent clients; and 1.5(a), requiring lawyers' fees to be reasonable.
Kevin Bank represented the Bar Association. Mr. Ryan represented himself. Mary Wechsler was the hearing officer. |