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Brad A. Plumb (WSBA No. 20337, admitted 1991), of Spokane, has been disbarred by order of the Supreme Court effective March 27, 2000, following a hearing. The discipline is based on providing false, misleading and fraudulent information to the Employment Security Department (ESD) to obtain unemployment benefits, and making misleading statements to the court.
Matter 1: In February 1991, the City of Spokane Public Defender’s Office hired Mr. Plumb as a lawyer. In November 1991, the Public Defender’s Office terminated Mr. Plumb’s employment for violating an office policy prohibiting representing private clients. In the same month, Mr. Plumb applied for unemployment benefits, stating that his supervisor gave no reason for terminating his employment. Mr. Plumb also told the ESD that he did not violate a company rule and that there was no final incident or reason for terminating his employment. Mr. Plumb told the ESD that he was self-employed on a commission basis. Mr. Plumb began receiving unemployment benefits the week ending November 16, 1991. On November 19, 1991, the City of Spokane protested Mr. Plumb’s benefits, claiming he was ineligible because he was engaged in private practice. Mr. Plumb told the ESD that he did pro bono work only and did not receive compensation. On May 5, 1992, the ESD reinstated Mr. Plumb’s benefits, based on his statements to them. Mr. Plumb received unemployment benefits until November 1992.
In June 1992, Mr. Plumb met with an ESD adjudicator. Mr. Plumb did not mention his self-employment. Between October 11, 1991 and November 4, 1991, $10,400 was deposited into Mr. Plumb’s IOLTA account. Between November 5, 1991 and December 21, 1992, $50,294 was deposited into another bank account in Mr. Plumb’s name. Mr. Plumb also had a TFB account, which stood for The Family Business Account. Between August 11, 1992 and December 8, 1992, $7,408.65 was deposited into this account. The hearing officer found that the source of these deposits was legal fees and that this income was not reported to ESD. The hearing officer also found that Mr. Plumb’s statements that he performed pro bono work only and earned no income were false and misleading. On June 4, 1992, Mr. Plumb opened an IOLTA account at a different bank. Between June 4, 1992 and February 25, 1993, $92,217.72 was deposited into this account. The hearing officer found that the deposits made between June 1992 and November 1992, the time Mr. Plumb was receiving benefits, were not reported to the ESD. The officer found that the non-reporting constituted fraud. Mr. Plumb also opened a business for his law practice on June 4, 1992. Between June 4, 1992 and March 19, 1993, $90,019.25 was deposited into this account. The hearing officer found that the deposits made into this account were not reported to the ESD, and constituted fraud. Mr. Plumb had two other accounts into which approximately $42,000 was deposited between February and May 1992. None of these deposits was reported to the ESD. Additionally, an employee of Plumb and Associates filed a tax report indicating $5,280 in income for the third quarter of 1992. Mr. Plumb did not report to the ESD that he had a full-time employee.
On January 16, 1992, Mr. Plumb ordered a yellow pages tab ad for Brad Plumb, attorney at law, to run August 1992 through August 1993. On the application for credit, Mr. Plumb indicated that he paid $3,000 per month rent. Mr. Plumb filed suit when he was denied credit for the cost of his ad. On March 9, 1992, Mr. Plumb filed an affidavit in the lawsuit stating that the tab would be used to advertise his new law firm, and that if that did not work out, it would be used to advertise his solo practice. His affidavit also indicated that he had turned down several business opportunities, and had acquired a building, a new practice, bank accounts, phones, business cards and letterhead. Mr. Plumb did not disclose any of this information to the ESD. In September 1992, Mr. Plumb applied for a job at Spokane Community College. His application stated that he owned and managed a three-lawyer firm and worked 70 hours per week.
In December 1994, January 1995 and March 1995, Mr. Plumb had a hearing before the Employment Security Department Office of Administrative Hearings. The administrative law judge found by clear, cogent and convincing evidence that Mr. Plumb was not eligible for benefits, and had willfully and intentionally withheld information from the ESD necessary to determine his eligibility. Mr. Plumb was ordered to repay $9,600. The hearing officer found that Mr. Plumb was self-employed and earning income as a lawyer during the time he received unemployment benefits. Mr. Plumb’s failure to report his self-employment status was a misrepresentation of fact.
Matter 2: On May 27, 1993, Mr. Plumb appeared at a sentencing hearing in Spokane Superior Court. The judge continued the hearing until Friday morning and asked Mr. Plumb if he was available. Mr. Plumb told the judge that he was participating in a golf tournament on Friday, Saturday and Sunday, and would not be available. The golf tournament was only on Saturday and Sunday. Mr. Plumb wanted to participate in a "skins" golf game on Friday. This was not part of the tournament.
Mr. Plumb’s conduct violated RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 8.4 (b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RLD 1.1(a), prohibiting acts involving moral turpitude and acts reflecting disregard for the rule of law; RPC 3.3 (a)(1), prohibiting knowingly making a false statement of material fact or law to a tribunal; RLD 1.1(c), the requirement in the Oath of Attorney that a lawyer maintain the respect due to the courts of justice and judicial officers; and RLD 1.1(p), prohibiting conduct demonstrating unfitness to practice law.
Marsha Matsumoto and Linda Eide represented the Bar Association. Mr. Plumb represented himself. The hearing officer was Charles T. Conrad.
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