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Todd W. Wetsel (WSBA No. 20720, admitted 1991), of Portland, Oregon, resigned in lieu of disbarment, effective February 25, 2008. In connection with his resignation in lieu of disbarment, Mr. Wetsel admitted that the WSBA could prove by a clear preponderance of the evidence sufficient violations of the Rules of Professional conduct to result in his disbarment, but did not admit any specific misconduct. The misconduct and violations described in the Statement of Admitted and Alleged Misconduct (none of which are specifically admitted by Mr. Wetsel) are as follows:
In October 2006, Mr. Wetsel was hired to represent a client in a marital dissolution in Clark County, Washington. In January 2007, the client received a check for $243,371.19, which represented proceeds from the sale of the client’s marital residence. These funds were owned jointly by the client and his soon to be ex-spouse. Mr. Wetsel deposited the funds into his trust account in Oregon. In January 2007, Mr. Wetsel stopped working on the client’s dissolution. During January and February 2007, Mr. Wetsel did not return the client’s phone calls. Consequently, the client hired another lawyer to represent him. Mr. Wetsel intentionally removed approximately $94,000 of the client’s money from his trust account and used it for personal purposes without the knowledge, consent, or authority of the client. Mr. Wetsel intentionally did not respond to the client’s repeated requests to disburse $243,371.19. In June 2007, Mr. Wetsel was suspended by the Washington State Supreme Court for failing to pay State bar dues and by the Oregon State Bar for 18 months in a disciplinary matter involving six unrelated client matters. In September 2007, the Washington State Supreme Court entered an order of reciprocal discipline suspending Mr. Wetsel for 18 months, effective September 13, 2007. After being suspended from the practice of law in Oregon and Washington, Mr. Wetsel continued to hold approximately $150,000 belonging to the client in his trust account. He did not return these funds despite repeated requests by the client. Mr. Wetsel agreed to promptly disburse $150,000 to the registry of the Clark County Superior Court by December 28, 2007, and the remaining funds owed ($94,371.19) to the registry within 90 days.
Mr. Wetsel’s conduct violated RPC 1.15A(b), prohibiting a lawyer from using, converting, borrowing, or pledging client or third-person property for the lawyer’s own use; RPC 1.15A(f), requiring a lawyer to promptly pay or deliver to the client or third person the property which the client or third person is entitled to receive; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft under RCW 9A.56.020) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
Jonathan Burke represented the Bar Association. Mr. Wetsel represented himself. |