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Anthony Z. Szabo (WSBA No. 23210, admitted 1993), of Kent, was ordered to receive a reprimand, effective October 15, 2004, following a stipulation. This discipline was based on his conduct in 2002, involving the failure to deposit client funds in a trust account and failure to keep complete records of client funds.
In 2002, a client consulted with Mr. Szabo about a potential medical malpractice claim. Mr. Szabo agreed to evaluate the case. After receiving the medical reports, Mr. Szabo advised the client that before he would agree to handle the case, he would need her to advance $450 in costs for the hiring of a medical expert to review the reports. In August 2002, Mr. Szabo charged the sum to the client’s credit card and directed the funds to his general banking account. Believing that the funds would be immediately paid to the medical expert, Mr. Szabo did not transfer the funds into a trust account. It eventuated that there were delays in obtaining the expert’s services, but Mr. Szabo did not transfer the client’s funds to his trust account.
A physician reviewed the medical reports in September 2002 and reported that he was not inclined to express an opinion in the matter. The physician did not charge for the consultation. In October 2002, Mr. Szabo advised the client that he was declining to handle her case, and refunded $450 to the client’s credit-card account. During the period between August and October 2002, during which the client’s funds were in Mr. Szabo’s general account, Mr. Szabo did not maintain at least a $450 balance in the account in order to preserve the integrity of the client’s funds.
Mr. Szabo’s conduct violated RPCs 1.14(a), requiring a lawyer to deposit all funds of a client into an interest-bearing trust account; and 1.14(b)(3), requiring a lawyer to maintain complete records of all funds or other properties of a client coming into the possession of the lawyer.
Randy Beitel represented the Bar Association. Mr. Szabo represented himself. Scott M. Ellerby was the hearing officer. |