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In re Dumas6/7/2002
rs and learned a total of $1,577.50 in outstanding medical expenses were still owed. Three days after Ms. Bolinger picked up her file from respondent's office, he had issued three checks, dated May 11, 1996, drawn on his operating account and directed to the three medical providers. However, none of the checks were forwarded in payment for the services rendered since respondent inadvertently failed to send them out after waiting for his accounts to become operational with the consent of the IRS and his tax attorney.
DISCIPLINARY PROCEEDINGS
The Complaint
Ms. Bolinger filed a complaint with the ODC advising of respondent's misconduct. In the month following his receipt of the complaint, respondent issued checks to two of the medical providers in the amounts of $445 and $458, respectively.
In the course of the ODC's investigation, respondent gave a sworn statement asserting that, prior to responding to the disciplinary complaint, he had believed the three checks issued to the health care providers on May 11, 1996 had been sent out. Although one of the medical providers had not been paid, respondent nevertheless testified that he had since forwarded payment to all three health care providers and was able to provide such proof. Finally, ten months after the complaint had been filed, respondent paid the last medical provider.
Subsequently, Ms. Bolinger instituted a malpractice suit against respondent. In December 1998, respondent paid his former client $10,000 to settle his civil liability in connection with the matter.
Formal Charges
The ODC instituted one count of formal charges alleging respondent violated Rules 1.15(a) (failure to keep funds of a client or third party separate from attorney's own funds), 1.15(b) (failure to refund and account for client funds) and 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, or misrepresentation) of the Rules of Professional Conduct.
Respondent filed an answer admitting there was delay in paying some of the medical providers; however, he urged that the delay was understandable because of the confusion surrounding the seizure of his client trust account. He denied that there was ever any intent to conceal his actions from his client, or that any commingling or conversion of funds took place. In mitigation, respondent noted that he had substantially reduced his legal fee, and only sought to protect his client's interest. Finally, he pointed out that his actions did not involve a selfish or venal motive, or result in personal gain to him.
Formal Hearing
The matter was presented for formal hearing before a hearing committee. Ms. Bolinger testified respondent knew her receipt of the settlement funds was critical because she was a single mother without transportation and needed to purchase a vehicle. She testified as to the injury to her finances based on respondent's failure to timely disburse the funds.
Respondent's tax attorney, Timothy Burgmeier, testified respondent's financial records were "sloppy, in a little bit of disarray" and there was no segregation of each client's funds from those of respondent. He alleged respondent's operating account had virtually no funds in it at the time the trust account was seized. Mr. Burgmeier testified he advised his client not to deposit any funds in the seized account, and was unaware of respondent's handling of the Bolinger matter.
Respondent testified that he failed to place the settlement funds in his trust account based on the general legal advice given by Mr. Burgmeier, but conceded Mr. Burgmeier had no specific knowledge of the Bolinger matter, or that respo
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