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Island County lawyer Patrick Joseph Flannigan (WSBA #9053, admitted 1979) was disbarred by the Washington Supreme Court effective June 24, 1997. Flannigan also was ordered to pay restitution in the amount of $103,436.23, pursuant to RLD 5.3, and costs and expenses in the amount of $6,759.41, pursuant to RLD 5.7. The Order of Disbarment was entered after a default hearing and was based upon the hearing officer’s findings and conclusions that Flannigan committed 24 counts of ethical misconduct. The hearing officer’s recommendations of disbarment and restitution were approved by the Disciplinary Board. The discipline is based upon Flannigan’s continued practice of law while suspended, neglect of seven client matters, misrepresentation to clients about the status of their cases, entering into business dealings with an elderly client, misappropriation of a client’s retirement funds held in trust, and abandonment of his practice without proper protection for his clients.
Flannigan was suspended for nonpayment of dues on June 2, 1995. In 1995, prior to his suspension, Flannigan accepted funds from five clients but did not complete routine probate, trust and real estate legal services. After October 1995, Flannigan failed to return calls or keep his clients apprised of the status of their cases. In another matter, a trust of $99,352.52 was established with Flannigan as trustee, for the benefit and retirement of an older woman. Flannigan repeatedly violated the terms of the trust by invading the trust principal without prior authorization of the trustor. Within months, he made unauthorized loans to himself in the amount of $22,575.65. Flannigan did not keep accurate records and made misrepresentations to hide these disbursals. The beneficiary of the trust was injured by the removal of funds from her trust account. Flannigan left the beneficiary without any trustee for the trust, without an accounting of the trust’s monies, and without documentation to establish or allow collection of outstanding loans from the trust’s funds.
After failing to pay his annual lawyer licensing fees, Flannigan accepted at least $15,000 in fees from three different clients. After his suspension, he failed to inform existing clients of his suspension and continued to accept legal fees and promise legal services until December 22, 1995, when he disappeared. He abandoned his practice without taking steps to protect any of his clients’ interests and leaving 22 boxes of client files behind. RLD 8.6 custodians were appointed to disburse 121 active client files and review over 15 boxes of closed files to remove and return to clients their original documents. Flannigan’s actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.7(a) & (b), 1.8(a), 1.14(b)(3), 1.15(a), 5.5(a), and 8.4(b), (c) & (d), and Rules For Lawyer Discipline 1.1(c), (i), (j) and (l).
The hearing officer was Ernest A. Bentley, Jr. of Bellingham. Respondent did not appear for the hearing. The Bar Association was represented by Disciplinary Counsel Bernadette Janét.
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