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Mark T. McCrumb (WSBA No. 23860, admitted 1994), of Auburn, was disbarred, effective February 6, 2007, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct involving submission of a false statement to a tribunal, providing false information during a disciplinary investigation, and trust account irregularities.
Between 2002 and 2004, Mr. McCrumb engaged in the following conduct, which established grounds for discipline:
• In a dissolution matter, Mr. McCrumb presented one or more written orders to a court containing significant discrepancies from the court's oral ruling.
• During the Bar Association's disciplinary investigation, Mr. McCrumb intentionally prepared a
letter with a false date in an attempt to establish compliance with RPC 1.8, provided false
information to a Bar Association investigator about the letter, and testified falsely in a deposition
regarding the circumstances of the letter's creation.
• As established by a Bar Association audit of his trust account addressing a period between
November 2002 and December 2003, Mr. McCrumb failed to maintain complete records
regarding client funds in his possession, failed to deposit client funds to his trust account,
disbursed funds of one client on behalf of another client without authorization, on one or more
occasions removed client funds from his trust account for his own benefit without establishing
entitlement to those funds, commingled his own funds with client funds in his trust account, and
failed to render appropriate accounts to his clients regarding funds held in his trust account.
Mr. McCrumb's conduct violated former RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm be deposited into one or more identifiable interest-bearing trust accounts and that no funds belonging to the lawyer or law firm be deposited therein; former RPC 1.14(b)(3), requiring a lawyer to 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 his or her client regarding them; RPC 3.3(a), prohibiting a lawyer from knowingly making a false statement of material fact or law to a tribunal; 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; 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.
Sachia Stonefeld Powell represented the Bar Association. Leland G. Ripley represented Mr. McCrumb. David W. Wiley was the hearing officer. |