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Darin H. Spang (WSBA No. 30359, admitted 2000), of Selah, was disbarred, effective August 15, 2007, by order of the Washington State Supreme Court following a hearing. This discipline was based on conduct between October 2004 and July 2005 in two matters involving lack of diligence, misappropriation of funds, and misrepresentation.
In October 2004, Mr. Spang agreed to represent a client in a municipal court matter. Mr. Spang did not execute a written fee agreement with the client, but asked her to pay him in cash. The client paid Mr. Spang $250 in cash, which he deposited into his law firm’s general account and wrote a “Receipt for Funds.” Mr. Spang filed a notice of appearance on behalf of the client and made at least five court appearances with the client. At some or all of those appearances, the client made additional cash payments for legal services. Mr. Spang appropriated the funds for his own use instead of paying them over to the firm. In April and July 2005, the client made cash payments to Mr. Spang’s associate and legal assistant, who each gave the cash to Mr. Spang. In both instances, Mr. Spang appropriated the cash payments for his own use instead of paying them over to the firm.
In May 2005, Mr. Spang agreed to prepare and file a motion on behalf of a client to bifurcate a bankruptcy into two separate cases and to convert the client’s bankruptcy case into a Chapter 7 bankruptcy. Mr. Spang did not execute a written fee agreement with the client, but asked her to pay him in cash. Between June and July 2005, the client made several cash payments to Mr. Spang at his request for legal services and expenses “for filing fees and amendments.” Mr. Spang appropriated these funds for his own use instead of paying them over to the firm or paying filing fees. In July, the firm terminated Mr. Spang’s employment. Other than a notice of appearance, Mr. Spang had filed nothing in the client’s bankruptcy case and never refunded any of the money the client had paid to him.
Mr. Spang’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.14(a), requiring that all funds paid to a lawyer or law firm be deposited into one or more identifiable interest-bearing trust accounts maintained as set forth in the rules, and no funds belonging to the lawyer or law firm be deposited therein; former RPC 1.15(d), requiring a lawyer, when withdrawing from the representation of a client, to take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, etc.; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft) 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; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption.
Scott G. Busby represented the Bar Association. Mr. Spang represented himself. Erik S. Bakke Sr. was the hearing officer. |