| Description: |
George Thomas Ryan (WSBA No. 9634, admitted 1979), of Puyallup, was disbarred, effective December 28, 2007, by order of the Washington State Supreme Court following approval of a stipulation by the Disciplinary Board. In entering into the stipulation, Mr. Ryan agreed that if the matter were to proceed to a public hearing, there was a substantial likelihood that the Association would be able to prove by a clear preponderance of the evidence the facts and misconduct summarized herein. This discipline is based on conduct involving failure to act diligently, lack of communication, trust-account irregularities, theft of client funds, dishonest conduct, conduct prejudicial to the administration of justice, and violations of duties imposed under the Rules for Enforcement of Lawyer Conduct.
Between December 2002 and January 2003, Mr. Ryan transferred a total of $10,150 from his trust account into his business and personal bank accounts, without entitlement or authority to the funds. Mr. Ryan used some or all of the converted funds to gamble at a local casino.
Between December 2004 and July 2006, in four separate client matters, Mr. Ryan:
• Failed to deposit advance fees and funds paid by clients into his trust account in three matters and used client funds in one matter on expenses unrelated to that client’s case;
• Failed to maintain complete records of client’s funds coming into his possession in one matter;
• Failed to keep clients in two matters reasonably informed as to the status of their cases and failed to promptly respond to their reasonable requests for information; and
• Failed to prepare draft wills for clients in one matter, failed to resolve a client’s case with reasonable diligence in a second matter, and failed to prepare and file a client’s petition to modify child support with reasonable diligence in a third matter.
Mr. Ryan failed to provide written responses to grievances filed by clients in three of the four preceding matters, resulting in the Association subpoenaing Mr. Ryan to appear in two non-cooperation depositions. At the second deposition, Mr. Ryan failed to testify truthfully. In addition, Mr. Ryan agreed to provide the Association with certain files and documents by October 27, 2006, which he did not provide until December 2006 and January 2007.
In March 2006, Mr. Ryan stipulated to a reprimand (stipulation) in order to resolve a 2005 client grievance filed against him. The hearing officer approved the stipulation on March 16, 2006. Pursuant to the stipulation, Mr. Ryan agreed to pay the client restitution of $3,510.50. Pursuant to ELC 13.7, payment of the restitution was due within 30 days after the stipulation was approved “unless the respondent enters into a periodic payment plan with disciplinary counsel.” Mr. Ryan did not enter into a payment plan to pay the restitution and did not pay the client any restitution until January 2007, when he sent the client a check for $150. In October 2006, the client filed a new grievance against Mr. Ryan for his failure to pay the agreed restitution.
Mr. Ryan’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(a), requiring a lawyer to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information; former RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm be deposited in one or more identifiable interest-bearing trust accounts maintained as set forth in the rules; 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 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; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any other act which reflects disregard for the rule of law; 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 (here, ELC 5.3(e)).
Leslie C. Allen represented the Bar Association. Mr. Ryan represented himself. |