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James D. Pack (WSBA No. 918, admitted 1970), of Everett, was suspended for 18 months, effective May 16, 2005, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2003 involving lack of diligence and failure to cooperate with a disciplinary investigation, and his conduct between 1987 and 2003 involving trust account matters.
Matter 1: In September 1999, a client hired Mr. Pack to represent him in a workers’ compensation matter arising from an employment-related injury. The client sought Mr. Pack’s services to appeal a decision of the Washington Department of Labor and Industries denying the client’s claim for workers’ compensation. A series of administrative proceedings led to an appeal to the Superior Court of Snohomish County. In July 2003 the superior court entered judgment against Mr. Pack’s client and in favor of the employer. After receiving the judgment, Mr. Pack agreed to file an appeal on behalf of the client to the court of appeals. Mr. Pack failed to file a notice of appeal within 30 days of entry of judgment in superior court, as required by court rules. Because Mr. Pack missed the date for filing the appeal, the client lost the opportunity for further judicial consideration of his case.
Matter 2: In March 2003, the Bar Association opened a grievance against Mr. Pack due to his failure to file a Trust Account Declaration for 2001. In a March 6, 2003, letter to Mr. Pack, to which the Association requested a response within two weeks, the Association requested that Mr. Pack: (1) state whether he had filed a Trust Account Declaration for 2001, and if not, why not; (2) state whether he had handled client funds in his law practice in 2001; and (3) if he had handled client funds, state whether he had complied with RPC 1.14 in handling those funds. Mr. Pack did not respond to the request nor to a subsequent letter notifying him that the response was overdue and that a failure to respond would subject him to a deposition.
Between April and October 2003, the Association served Mr. Pack with multiple subpoenas duces tecum requiring him to appear for depositions and produce trust account records and information. Although Mr. Pack appeared for three depositions, he repeatedly failed to produce all the documents requested in the original request for response and in the three subsequent subpoenas duces tecum.
On July 14, 2003, Mr. Pack filed his Trust Account Declaration for 2001. This declaration was required to have been filed on February 1, 2002. Also on July 14, 2003, Mr. Pack filed his declaration for 2002. This declaration was required to have been filed on February 3, 2003.
Matter 3: On February 2, 2004, the Association’s auditor completed an examination of Mr. Pack’s IOLTA trust account, covering the period August 10, 1987, to September 1, 2003. During the period covered by the examination, Mr. Pack had failed to maintain adequate IOLTA trust account records, advanced funds of one client on behalf of another, and improperly held funds in his IOLTA trust account by failing to pay out positive client balances to clients who were entitled to receive them. As of September 2003, Mr. Pack’s IOLTA trust account was short of funds, because the bank balance was less than the total of positive client balances.
Mr. Pack’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 a lawyer to deposit client funds into a trust account; RPC 1.14(b), requiring a lawyer to maintain complete records of all funds of a client coming into the possession of the lawyer and to promptly pay or deliver to the client as requested by the client funds in the possession of the lawyer which the client is entitled to receive; former RLD 13.5 and ELC 15.5, requiring a lawyer to complete, execute, and deliver an annual trust account declaration to the Association; and ELC 5.3(e), requiring a lawyer to promptly respond to any inquiry or request for information relevant to grievances.
Kevin M. Bank represented the Bar Association. Mr. Pack did not appear in the proceeding either personally or through counsel. William H. Nielsen was the hearing officer. |