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Michael K. Tasker (WSBA No.12426, admitted 1982), of Bellingham, was suspended for two years effective December 21, 2000, by order of the Supreme Court following a hearing. This discipline is based on his misuse of client funds in his trust account in 1993 and 1994. For additional information, see the Supreme Court opinion published at 141 Wn.2d 557, 9 P.3d 822 (2000).
In June 1992, Mr. Tasker’s ex-wife obtained a $41,063.24 judgment against him for back-due child-support payments. The amount due increased later in 1992 to between $50,000 and $70,000. Mr. Tasker’s business and personal accounts were garnished to pay his support obligation. From May 1993 through May 1994, Mr. Tasker allowed earned income to accumulate in his trust account. He paid all of his business and personal bills from this commingled account. Mr. Tasker admitted that the purpose of the commingling was to avoid garnishment of his personal and business funds by the Office of Support Enforcement. The hearing officer found that Mr. Tasker did not intend to permanently deprive his clients of any funds. The balance of the trust account sometimes fell below that attributable to client funds, but no client permanently lost funds. During this year, the trust account balance was up to $30,000 below what it should have been. On several occasions, the trust account was overdrawn, although no checks were returned. The hearing officer found that Mr. Tasker knew that he was using his clients’ funds to meet his personal financial obligations.
The Court noted that during this time, Mr. Tasker suffered dramatic personal "woes," including the dissolution of his law partnership and his marriage, loss of his mother, placement of his father in a nursing home, two automobile accidents with severe personal injuries, trial and retrial of a financially and emotionally draining murder case, and a change in primary residential placement of his children. The Court also noted that during the delay in prosecuting this case, Mr. Tasker remedied the problems with his trust account.
Mr. Tasker’s conduct violated RPCs 1.14, requiring lawyers to protect and account for client’s funds; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation; 1.5, requiring lawyers to provide accurate billings to clients; 1.4, requiring lawyers to keep clients reasonably informed of the status of the matters; 1.7, requiring lawyers to avoid representing clients whose interests are directly adverse; 1.3, requiring lawyers to diligently represent their clients; 3.3(a), prohibiting lawyers from knowingly making false statements of material fact to a tribunal; and 5.3, requiring lawyers to make reasonable efforts to supervise nonlawyer assistants.
Joanne Abelson and Jean McElroy represented the Bar Association. Rita L. Bender represented Mr. Tasker. The hearing officer was Timothy H. Esser.
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