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Brian E. Nelson (WSBA No. 15363, admitted 1985), of Spokane, has been disbarred by order of the Supreme Court effective May 1, 2001, following a stipulation. The discipline is based his failure to properly preserve client funds. (Note: Mr. Nelson is to be distinguished from Brian C. Nelson of London, England.)
In July 1996, Mr. Nelson agreed to represent a client injured in an automobile accident in Idaho. The client signed a contingent-fee agreement providing a one-third fee in the event of settlement or judgment. Mr. Nelson appeared pro hac vice in Idaho and filed a lawsuit against multiple defendants. A month prior to the date set for jury trial, Mr. Nelson settled with some defendants for $7,000.
On December 2, 1999, the client endorsed the settlement checks, and Mr. Nelson told the client that he would take a $1,000 fee and write her a check for the balance prior to Christmas. The client called Mr. Nelson several times during December and January asking why she had not yet received her check. Mr. Nelson offered several explanations for the delay.
On January 10, 2000, he told the client that he had mailed the check on December 24 and had confirmed with his bank that it had been paid; however, Mr. Nelson’s bank records established that he did not write a check to the client on that date. On January 12, Mr. Nelson delivered a $6,000 check drawn on his trust account to the client. Mr. Nelson’s trust account contained insufficient funds to cover the check until a January 12 wire transfer from his brother occurred.
Mr. Nelson’s conduct violated RPCs 1.14(a), requiring lawyers to promptly deliver clients’ funds when requested; and 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation.
Douglas Ende represented the Bar Association. Gregory S. Zoro represented Mr. Nelson.
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