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John E. Wagenblast (WSBA No. 5850, admitted 1974), formerly of Yakima, was disbarred effective October 29, 2003, by order of the Washington State Supreme Court approving a stipulation. Mr. Wagenblast stipulated that the Association would be able to prove these facts at a hearing. This discipline was based on his conduct in 2001 and 2002 involving misappropriation of client funds in an estate matter.
In July 1994, Mr. Wagenblast agreed to represent the personal representative (PR) of an estate. Following Mr. Wagenblast's advice, the PR used the law-office address for the estate bank accounts. The bank statements were sent to Mr. Wagenblast's office. Mr. Wagenblast's office assistant forged the PR's signature on several checks, and most of them were deposited into Mr. Wagenblast's business account. Mr. Wagenblast stipulated that the Association would be able to prove that he knew of his assistant's forgery and misappropriation. Mr. Wagenblast did not maintain complete records of the estate bank accounts. In June 2001, Mr. Wagenblast's assistant pleaded guilty to forgery and was ordered to pay $58,652.55 in restitution. As of the date of the stipulation, Mr. Wagenblast had not reimbursed the estate for any of the misappropriated funds.
Mr. Wagenblast's conduct violated RPCs 8.4(a), prohibiting violating or attempting to violate the RPCs through the acts of another; 8.4(b), prohibiting committing criminal acts that reflect adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; and 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation.
Marsha Matsumoto represented the Bar Association. John F. Strohmaier represented Mr. Wagenblast.
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