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Tracy Montgomery Shier (WSBA No. 12827, admitted 1982), of Seattle, was disbarred, effective October 4, 2007, by order of the Washington State Supreme Court following a hearing by the Disciplinary Board.
Between February 1999 and July 2003, Mr. Shier engaged in the following conduct which gave rise to the discipline:
• Disbursed approximately $59,953 from a charitable remainder trust, of which Mr. Shier was trustee, and converted the funds for his own use;
• Disbursed approximately $39,000 of a client’s escrow funds from his trust account and converted the funds for his own use; and
• Failed to maintain complete and adequate trust account records.
Mr. Shier’s conduct violated former RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm, including advances for costs and expenses, be deposited in one or more identifiable interest-bearing trust accounts maintained as set forth in the rules 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; former RPC 1.14(d), stating that escrow and other funds held by a lawyer incident to the closing of any real estate or personal property transaction are client funds subject to this rule regardless of whether the lawyer, law firm, or the parties view the funds as belonging to the clients or non-clients; 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, or any unjustified act of assault or other act which reflects disregard for the rule of law.
Francesca D’Angelo represented the Bar Association. Leland G. Ripley represented Mr. Shier. David A. Summers was the hearing officer. |