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Billy S. Mitchell (WSBA No. 24718, admitted 1995), of Seattle, was disbarred effective March 25, 2004, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2002 involving theft of client funds. (Mr. Mitchell is to be distinguished from William Genther Mitchell of Lynden and William Patrick Mitchell of Seattle.)
Mr. Mitchell represented a client in a claim for damages sustained in an automobile accident. Mr. Mitchell also agreed to represent the insurance company that had a subrogated interest in the client's claim. In March 2002, Mr. Mitchell settled the claim and deposited the funds into his trust account. Mr. Mitchell did not inform the insurance company of the settlement, and embezzled the company's funds. The insurance company learned of the settlement and made several requests that Mr. Mitchell forward the funds to them. Mr. Mitchell promised to send the funds, knowing he had already embezzled them. As of the date of the hearing, Mr. Mitchell had not paid the funds to the insurance company. Mr. Mitchell also failed to cooperate with the disciplinary investigation.
Mr. Mitchell's conduct violated RPCs 8.4(b), prohibiting committing a criminal act [RCW 9A.56.030, Theft in the First Degree] that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation; 8.4(i), prohibiting committing an act involving moral turpitude; 1.14(b)(1), requiring lawyers to promptly notify clients of deposit of client funds; 1.14(b)(4), requiring lawyers to promptly deliver client funds upon request; and 8.4(l) and ELC 5.3, requiring lawyers to promptly respond to requests for information during disciplinary investigations.
Randy Beitel represented the Bar Association. Mr. Mitchell represented himself. James M. Danielson was the hearing officer. |