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Richard F. Lancefield (WSBA No. 2796, admitted 1969), of Portland, Oregon, was suspended for 60 days, effective November 23, 2005, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of Oregon following a stipulation. This discipline was based on his conduct in 2004 involving trust-account irregularities.
Prior to July 2004, Mr. Lancefield established a lawyer trust account in Oregon. Mr. Lancefield deposited client funds into the trust account. Mr. Lancefield used the trust account to pay personal, business, and client obligations. Mr. Lancefield did not make or maintain records reflecting deposits, withdrawals, or disbursements of client funds in his trust account, nor did he keep track of his time for purposes of charging or accounting to clients except as it may have been reflected in his client files. Accordingly, Mr. Lancefield did not know with any precision when he had earned funds in the trust account or how much he had earned.
On July 27, 2004, Mr. Lancefield issued a check from the trust account when there were insufficient funds in the account. The bank honored the check, thereby drawing on the funds of one or more of Mr. Lancefield's clients without authorization. After the overdraft, the account had a negative balance of $10.23, which Mr. Lancefield rectified following notification. There was no assertion in the Oregon disciplinary proceeding that Mr. Lancefield's conduct resulted in actual injury to a client.
Mr. Lancefield's conduct violated Oregon DR 9-101(A), requiring that all funds of clients paid to a lawyer or law firm be deposited and maintained in one or more identifiable trust accounts and that no funds belonging to the lawyer be deposited therein; and DR 9-101(C)(3) requiring that a lawyer maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to the lawyer's client regarding them.
Felice P. Congalton represented the Bar Association. Mr. Lancefield represented himself. |