In Re Disciplinary Proceeding Against Poole, 156 Wash. 2d 196

125 P.3d 954 (Wash. 2006) · Supreme Court of Washington · January 5, 2006 · No. Nos. 200,124-6, 200,131-9

Summary

The Washington Supreme Court reviews disciplinary charges against attorney Jeffrey G. Poole arising from his representation of Joseph Matson. The court affirms findings that Poole backdated and presented an invoice in violation of professional conduct rules and failed to account for client funds, but reverses the finding that he improperly deposited a judgment payment outside the client trust account. The court orders a six-month suspension followed by two years of probation and periodic trust-account audits.

Holdings

  1. Poole violated RPC 3.4(b) and RPC 8.4(c) by creating an invoice in October 2001, dating it May 28, 2001, and providing it to opposing counsel without explanation in an effort to mislead counsel and Matson.
  2. Poole did not violate RPC 1.14(a)(2) by depositing the $27,675.35 BFC payment into the firm's general account rather than its trust account because Matson agreed that the payment would be applied to Poole's legal fees.
  3. Poole violated RPC 1.14(b)(3) by failing for approximately eight to ten months to maintain complete records of the $27,675.35 payment and to provide Matson with an accurate account or invoice reflecting its application.
  4. The Bar failed to prove count 6 as charged under RPC 1.14(b)(4) because the $7,675.35 settlement amount was not money withheld from Matson's BFC judgment, as alleged in the formal complaint.
  5. A six-month suspension followed by two years of probation and periodic trust-account audits was appropriate for the proven misconduct.

Questions Presented

  1. Whether Poole violated RPC 3.4(b) and RPC 8.4(c) by creating and submitting to opposing counsel an invoice prepared in October 2001 but dated May 28, 2001.
  2. Whether depositing the $27,675.35 BFC payment into Poole's general account rather than the firm's trust account violated RPC 1.14(a)(2) when Matson agreed that the payment would be applied to legal fees.
  3. Whether Poole violated RPC 1.14(b)(3) by failing to maintain complete records and render an accurate account of the $27,675.35 BFC payment.
  4. Whether the Bar proved its charge that Poole violated RPC 1.14(b)(4) by failing to pay Matson $7,675.35 of the BFC judgment until December 2001.
  5. What sanction was appropriate for the proven misconduct and aggravating factors.

Disposition

other

Cases Cited (20)

  • In re Disciplinary Proceeding Against Carmick, 146 Wash. 2d 582, 48 P.3d 311 (2002)(compared)
  • In re Disciplinary Proceeding Against Guarnero, 152 Wash. 2d 51, 93 P.3d 166 (2004)(followed)
  • In re Disciplinary Proceeding Against Huddleston, 137 Wash. 2d 560, 974 P.2d 325 (1999)(followed)
  • In re Disciplinary Proceeding Against Miller, 95 Wash. 2d 453, 625 P.2d 701 (1981)(followed)
  • In re Disciplinary Proceeding Against Allotta, 109 Wash. 2d 787, 748 P.2d 628 (1988)(followed)
  • In re Disciplinary Proceeding Against McLeod, 104 Wash. 2d 859, 711 P.2d 310 (1985)(followed)
  • In re Disciplinary Proceeding Against Romero, 152 Wash. 2d 124, 94 P.3d 939 (2004)(followed)
  • In re Disciplinary Proceeding Against Dynan, 152 Wash. 2d 601, 98 P.3d 444 (2004)(distinguished)
  • In re Disciplinary Proceeding Against Dann, 136 Wash. 2d 67, 960 P.2d 416 (1998)(followed)
  • In re Disciplinary Proceeding Against Boelter, 139 Wash. 2d 81, 985 P.2d 328 (1999)(compared)

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