| Description: |
Ellen J. Hong (WSBA No. 33632, admitted 2003), of Seattle, was disbarred, effective November 16, 2009, by order of the Washington State Supreme Court following approval of a stipulation. In stipulating to disbarment, Ms. Hong affirmatively admitted that there was a substantial likelihood the WSBA could prove by a clear preponderance of the evidence sufficient violations of the Rules of Professional Conduct supporting disbarment, but did not affirmatively admit all the facts and misconduct. In entering into the stipulation, Ms. Hong expressly did not waive her Fifth Amendment rights.
The misconduct described in the Stipulation to Disbarment is as follows:
Between December 2006 and August 2008, Ms. Hong received settlement funds on behalf of 31 separate clients, each of which Ms. Hong was representing in personal injury actions. Ms. Hong received and deposited into her trust account settlement funds for each client ranging from between $1,100 and $120,000. Ms. Hong failed to pay the entire balance of settlement funds belonging to clients pursuant to the fee agreements that Ms. Hong had with each of the clients. The unpaid balance of settlement funds for each client ranged from $733 to $26,511.72. In three of these personal injury actions, the clients involved did not agree to the settlements and did not endorse the settlement checks. In all but five of these personal injury actions, some or all of the unpaid settlement funds should have been paid to the clients’ insurance companies, each of which had unpaid subrogation claims on the settlement funds.
Ms. Hong’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Christine E. Gray represented the Bar Association. Kurt M. Bulmer represented Ms. Hong. |