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banking, and she paid accounts payable, recorded cash receipts,
made bank deposits, paid office expenses, and prepared checks for
petitioner to sign.
2. Petitioner’s Business Bank Accounts
Petitioner had two bank accounts for his law practice: a
business checking account and a client trust account. The
checking account was at Citizens Business Bank from January to
November 1998, Washington Mutual Bank from November 1998 to
September 1999, and Union Bank from September to December 1999.
3. Petitioner’s Client Files and Billing Records
Edgar had eight filing cabinets in her office: six for
ongoing cases; one for open billing files, and one for closed
billing files and receipts. She kept two complete hard copy sets
of the billing records. She filed one set alphabetically by
client name and the second set chronologically by month.
Petitioner knew that Edgar maintained the billing records in the
file cabinets. Edgar and petitioner reviewed monthly billings.
4. Legal Fees From the Anis Litigation
In 1991, Nick and Patricia Anis (the Anises) sued Allan
Stover (Stover) for wrongful termination of Mr. Anis (Anis).
Petitioner and Smith jointly represented the Anises. Petitioner
and Smith had a contingent fee agreement with the Anises under
which petitioner and Smith would receive 50 percent of any
recovery obtained in their case against Stover.
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