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Robert M. Storwick (WSBA No. 17328, admitted 1987), of Mercer Island, was disbarred, effective December 6, 2007, by order of the Washington State Supreme Court following a default hearing. This discipline resulted from conduct involving trust-account irregularities; commission of a criminal act; and conduct involving dishonesty, fraud, deceit, or misrepresentation.
In late 2004 or early 2005, a client contacted Mr. Storwick regarding a European patent filing. The client had a provisional patent filing in the United States with a priority date of September 4, 2002. The client paid Mr. Storwick a $3,000 advance fee deposit as requested, which Mr. Storwick deposited into his client trust account. Mr. Storwick contacted a German lawyer about handling the European patent application for the client. Mr. Storwick told the client he would need an additional $4,325 to pay the German lawyer for services regarding the patent filing, which the client paid to Mr. Storwick in April. Mr. Storwick deposited the client’s check into his client trust account. Mr. Storwick paid none of the funds to the German lawyer, instead converting the $4,325 to his own use.
In June 2005, the client received a letter from the German lawyer indicating that Mr. Storwick had not paid the fees and costs for the European patent application. The German lawyer had not been able to reach Mr. Storwick nor had any contact with him since early April. The client tried numerous times to contact Mr. Storwick by e-mail, telephone, fax, and mail without success. The client found that Mr. Storwick’s office telephone and fax number had been disconnected. The client paid approximately $7,500 directly to the German lawyer in fees to pursue the European patent application and an additional €2,333.50 to the European patent office in penalties for late payment of patent fees. The client hired another U.S. patent attorney to revive his pending U.S. patent application, for which the client incurred $1,587 in fees and costs.
Mr. Storwick did not respond to the client’s grievance or to attempts by the Bar Association to contact him. The Bar Association subpoenaed Mr. Storwick’s bank records, which revealed that he had withdrawn most if not all of the client’s funds by May 2005. Bank records also revealed numerous telephone transfers between Mr. Storwick’s personal or business accounts, including his IOLTA account, and that the majority of the funds in the IOLTA account had been transferred into his business and personal accounts. Mr. Storwick also issued checks from his client trust account to pay for his 2006 Bar Association dues and to the postmaster for post office box rental. Mr. Storwick deposited several checks designated as payment of invoices for earned client fees into his client trust account. Between January 2005 and June 2006, Mr. Storwick’s business and personal accounts incurred approximately 20 NSF or overdraft charges.
Mr. Storwick’s conduct violated former RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; 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 no funds of the lawyer be deposited therein; former 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; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Nancy B. Miller represented the Bar Association. Mr. Storwick did not appear either in person or through counsel. Anthony A. Russo was the hearing officer. |