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Jerry J. Davis (WSBA No. 33294, admitted 2002), of Spokane, was ordered to receive a reprimand on September 5, 2006, following a stipulation approved by a hearing officer. This discipline was based on his conduct between 2003 and 2005 involving trust-account irregularities.
On September 4, 2003, Mr. Davis’s bank notified the Bar Association that a check drawn on Mr. Davis’s client trust account had been presented for payment against insufficient funds. On September 18, 2003, Mr. Davis’s bank notified the Bar Association that a second check drawn on his client trust account had been presented for payment against insufficient funds. The Bar Association’s audit manager conducted an audit of Mr. Davis’s client trust account covering the period between June 2003 and March 2005. Mr. Davis cooperated in the audit of his client trust account. The audit revealed a number of deficiencies in the records that Mr. Davis kept of the client funds in his possession. Mr. Davis failed to enter all his account transactions in his check register, failed to include with each account transaction a reference to the client to whom that transaction applied, failed to keep a running balance in his check register, failed to reconcile his check register with his bank statements, and failed to maintain an individual client transaction summary or ledger for each client whose funds were in his possession.
Due to these deficiencies, as well as others, neither Mr. Davis nor the Bar Association’s audit manager could determine the ownership of all of the funds in Mr. Davis’s client trust account. Based on a reconstruction, the audit manager concluded that there was a $532.60 shortage in Mr. Davis’s client trust account and that an additional $827.79 related to client matters that were no longer active. These funds should have been disbursed to clients and/or former clients. The audit manager recommended that, after restoring $532.60 to his client trust account, Mr. Davis disburse the additional $827.79 to his clients and/or former clients after determining the ownership of those funds. Mr. Davis agreed to comply with the recommendations.
Mr. Davis’s conduct violated former RPC 1.14(b)(3), requiring that a lawyer 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.
Scott G. Busby represented the Bar Association. Mr. Davis represented himself. Joseph Nappi Jr. was the hearing officer.
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