In Re the Disciplinary Proceeding Against Moynihan , 97 Wash. 2d 237 ( 1982 )

Brachtenbach, C.J.

The Bar Association filed a complaint against Joseph T. Moynihan, charging three counts of neglect of legal matters entrusted to him, one count of failure to cooperate in a disciplinary investigation and violation of rules governing trust accounts.

The hearing panel officer found neglect of one matter, failure to cooperate and misappropriation of trust funds. This conduct violates the Code of Professional Responsibility DR 6-101 (A) (3), Discipline Rules for Attorneys 2.6 and CPR DR 9-102 respectively. The hearing panel officer recommended disbarment. The Disciplinary Board adopted the hearing panel officer's findings, conclusions and recommendation.

The findings of fact have not been objected to by respondent attorney. Those facts reveal that over an extended period of time, respondent appropriated trust funds for his personal use. There were repeated violations, e.g., withdrawal of $1,250 on October 20, 1978, then $1,400 was taken in December 1978, by writing three checks on two occasions. There is no doubt of the intentional nature of respondent's acts. He deposited personal funds to cover his misappropriations, but subsequently took trust funds again.

Respondent urges that we impose discipline other than disbarment. The only mitigating factors suggested are lack of prior misconduct and no ultimate loss to clients.

These so-called mitigating factors are not sufficient to prevent disbarment. Once again we emphasize that the rules governing trust account funds mean what they say. Lawyers must preserve the integrity of entrusted funds. Their failure to do so leads to disbarment absent extraordinary mitigating circumstances. In re Deschane, 84 Wn.2d 514, 516, 527 P.2d 683 (1974).

Neglect of a legal matter and failure to cooperate justify discipline but the repeated misappropriation of trust funds fully justifies disbarment and we so hold. Costs of $349.98 are awarded.

Joseph T. Moynihan is hereby disbarred, and his name shall be stricken from the roll of attorneys in this state.

Stafford, Utter, Dolliver, Dore, Dimmick, and Pearson, JJ., concur.