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Dana P. Gelman (WSBA No. 20147, admitted 1990), of Tacoma, was disbarred, effective August 17, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct between 2000 and 2003 involving multiple acts of misconduct affecting personal-injury clients, improper use and disbursement of client funds in his trust account, commission of a criminal act, and failure to cooperate with a disciplinary investigation.
Between May 2001 and May 2003, Mr. Gelman engaged in the following conduct that established grounds for discipline:
• Failing to initiate a personal-injury action for a client before the expiration of the statute of limitations, resulting in loss of the client’s claim.
• In four instances, falsely informing clients that funds would be withheld from their settlement proceeds to pay PIP claims, medical bills, and subrogation claims.
• In five instances, failing to maintain settlement proceeds — earmarked to pay PIP claims, medical bills, and subrogation claims — in a client trust account, and using the funds for personal and/or business purposes without the clients’ knowledge, consent, or authorization.
• Responding untruthfully to a client inquiry about how the client’s settlement funds had been disbursed.
• Directing his bookkeeper to make a false entry in his IOLTA account register in order to deal with a discrepancy in the account.
• On seven occasions, illegally obtaining a controlled substance with an altered prescription, in violation of RCW 69.50.403(a)(3) and/or (5).
• Failing to appear at two depositions as required by subpoenas issued by disciplinary counsel.
• Failing to produce requested records during a Bar Association audit of his IOLTA account, rendering the auditor unable to complete the audit.
At the time of his entry into the disciplinary stipulation, Mr. Gelman had paid or agreed to pay restitution to all of the affected clients.
Mr. Gelman’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.14(a), requiring all funds of clients paid to a lawyer to be deposited in an interest-bearing trust account, and prohibiting funds belonging solely to the lawyer from being deposited therein; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c) prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d) prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; RPC 8.4(i) prohibiting a lawyer from committing any act involving moral turpitude, or any unjustified act of assault or other act which reflects disregard for the rule of law; and RPC 8.4(l) prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter.
Jonathan H. Burke represented the Bar Association. Brett A. Purtzer represented Mr. Gelman. |