Discipline Notice - Oscar E. Desper

License Number: 18012
Member Name: Oscar E. Desper
Discipline Detail
Action: Reprimand
Effective Date: 1/14/2000
RPC: 1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client
1.6 - Confidentiality
Discipline Notice:
Description: Oscar E. Desper, III (WSBA No. 18012, admitted 1988), of Seattle, has been ordered to receive a reprimand and a censure following a hearing. The discipline is based upon his depositing client funds into his general account and disclosing client secrets and confidences.
Mr. Desper represented a client in a personal injury claim on a contingent fee basis. The case settled for $1,500. Mr. Desper deposited the whole amount into his general account. Following the settlement, the client retained new counsel and made additional claims. In a letter to an adjuster, Mr. Desper wrote: " [client] is now claiming entirely new injuries…. None of these injuries did he have when he came to me. I believe that [client] is not in reality. I believe that his claim is not valid."
Mr. Desper’s conduct violated RPC 1.14, requiring lawyers to deposit client funds and funds belonging in part to the lawyer and in part to the client into an interest-bearing trust account. Mr. Des-per’s conduct also violated RPC 1.6, prohibiting a lawyer from revealing a client’s confidences or secrets relating to the representation, unless the client consents after consultation.
Linda Eide represented the Bar Association. Kurt Bulmer represented Mr. Desper. The hearing officer was Thomas J. Greenan.


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