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Jeffrey G. Poole (WSBA No. 15578, admitted 1986), of Seattle, received a reprimand effective September 8, 2003, following a hearing. This discipline is based on his failure to properly manage his trust account in 2001 and 2002.
Matter 1: In August 2000, Mr. Poole represented a client in a contract dispute. In November 2000, Mr. Poole retained an expert, asking him to send his bill to Mr. Poole's office. In February 2001, Mr. Poole billed the client for attorney's fees and the $500 expert-witness fee. Mr. Poole deposited the client's March 2001 payment, including the expert-witness fee, into his general account. In July, Mr. Poole wrote to the client, asking her to pay the expert directly. The client responded that she had already sent the money to Mr. Poole and directed him to pay the expert's bill. Mr. Poole paid the expert bill with interest on December 19, 2001, after the expert filed a grievance with the Bar Association.
Matter 2: In 2002, the Bar Association audited Mr. Poole's trust account. The audit found the following trust-account management issues: check registers without a running balance and failure to reconcile the check register to the client ledgers; incomplete and inaccurate client ledgers; earned fees retained in the trust account; disbursement of funds prior to deposits clearing the banking system; disbursement of funds prior to date of actual client deposit; and a shortage. The hearing officer found that Mr. Poole's conduct was negligent, not intentional. No clients actually lost funds, but this conduct caused potential injury.
Mr. Poole's conduct violated RPCs 1.14(a), by failing to place client money for expert fees in the trust account; disbursing funds of one client on behalf of another; commingling the lawyer's own funds with client funds in the trust account; and failing to wait for deposited items to clear the banking system before disbursing from the trust account; 1.14(b)(4), by failing to promptly follow the client's instructions to pay the expert fee; and holding funds of inactive client in the trust account; and 1.14(b)(3), by failing to maintain complete trust-account records.
Christine Gray and Randy Beitel represented the Bar Association. Kurt Bulmer represented Mr. Poole. J. Donald Curran was the hearing officer. |