Eviction lawyer booked into jail weeks after his disbarment

Brian Read, 45, of Freeland, pleaded guilty Monday to vehicular assault while under the influence.

by Ellen Dennis 

Brian Read

EVERETT — A lawyer who was disbarred last month for financial misconduct was sentenced to three months in the Snohomish County Jail this week for causing a five-car crash while intoxicated in 2019.

On the evening of Nov. 3, 2019, Brian Read was driving a Chevrolet Suburban north on I-5. His SUV began to fishtail near the 164th Street exit in Lynnwood, witnesses reported. The five-lane freeway is straight and flat near that exit.

Read, 45, a former landlord-tenant attorney, veered his Chevy into the carpool lane. The lawyer’s SUV crossed the shoulder and crashed into a guardrail, leaving a 6-foot bend in the rail, according to charging documents filed in Snohomish County Superior Court.

Four other cars crashed as a result, according to court records.

One witness reported she was driving her Volkswagen Beetle in the interstate’s far right lane when she saw the Chevy erratically crossing traffic lanes in the direction of the guardrail. Read’s SUV rammed into the driver’s side of her Beetle, and her car rolled off the freeway and down a grassy embankment. She walked away with minor injuries.

Another witness was driving her Jeep Cherokee in the middle lane when she saw the Chevy lose control. She steered to the right to avoid colliding with the SUV. This caused the Jeep to rear-end another vehicle. She suffered a broken right leg.

A Washington State Patrol trooper arrived to find Read standing next to the Chevy. Read reportedly told the trooper he lost control of the vehicle and was “not sure if he had caused the series of collisions,” according to court records.

The trooper smelled alcohol on Read’s breath and noticed his eyes were bloodshot and watery. Read agreed to field sobriety tests and struggled with the walk-and-turn test, according to charging papers.

Read, of Freeland on Whidbey Island, was arrested and transported to Providence Regional Medical Center Everett, where a sample of his blood was collected more than two hours after the crash. His blood-alcohol content at that time was 0.11 — above the legal limit of 0.08.

Read was not required to post bond, on a promise to show up to court hearings. He continued to practice law for the next two years, specializing in providing counsel to landlords in eviction lawsuits throughout Snohomish County.

In March, Snohomish County deputy prosecutor Tobin Darrow charged Read with vehicular assault while under the influence. Read continued to practice law for almost three months after that.

He worked as an attorney in Washington for nearly 20 years. In 2020, he was outspoken about his opposition to the statewide eviction moratorium. He talked to reporters from KING 5 and made posts on his law firm’s Facebook page.

Read was disbarred last month for taking thousands of dollars out of a client trust account to pay his mortgage, and for showing indifference in repaying the money, among other financial misconduct.

On Monday, the ex-lawyer pleaded guilty to the felony charges. He was represented by a public defender, Robert O’Neal.

Under state guidelines, Read faced a range of three to nine months behind bars. Superior Court Judge Cassandra Lopez-Shaw handed down a three-month jail sentence, in line with the recommendation of prosecutors.

The ex-lawyer must complete one year of probation after his release from jail. During that time, he must refrain from drinking alcohol and undergo an evaluation for substance use disorder.

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Eviction lawyer booked into jail weeks after his disbarment

 

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Evictions lawyer used client trust funds to pay mortgage

Evictions lawyer used client trust funds to pay mortgage

The state bar found repeated misconduct by Brian Read, who practiced in Everett and represented landlords in rental disputes.  

 

by Ellen Dennis 

Brian Read

EVERETT — A lawyer who practiced in Everett has been disbarred for taking thousands of dollars out of a client trust account to pay his mortgage and showing indifference in repaying the money, among other financial misconduct.

Brian Read, 45, of Freeland, mostly represented landlords in evictions and other landlord-tenant cases. He worked as an attorney in Washington for nearly 20 years, and in 2020, he was outspoken about his opposition to the statewide eviction moratorium.

From 2015 to 2018, Read violated the state’s Rules of Professional Conduct by taking money from his client trust account at Chase Bank for personal use, according to his notice of disbarment released last week by the state bar association. A lawyer must maintain a trust account when holding money on behalf of clients or third parties, to ensure the trust is separate from the lawyer’s personal finances.

In those three years, Read withdrew more money from the client trust account than he deposited into it. The bar found he did not keep records required for the account, and when he did, they were often incorrect.

On July 2, 2018, Read tried to make a $300 transfer from the client trust account to his business account. The transfer was cancelled by the bank due to insufficient funds. Under state law, lawyers must report any client trust account overdrafts and provide an explanation to the Washington State Bar Association. Read did not.

Instead, he began depositing his own money into the account to replenish the funds. He didn’t do it quickly enough, and as of Dec. 11, 2018, the account was $12,000 in the red.

On July 12, 2018, the state Bar Association’s Office of Disciplinary Counsel sent Read a letter requesting an explanation for the overdraft, a statement about how it was corrected and records for the client trust account dating back two months.

Read requested an extension until Aug. 31, 2018. He missed the deadline.

In October 2018, the state bar served a subpoena on Read, requiring him to appear at a deposition. That month, Read hired another lawyer to reconstruct records for the client trust account.

At his deposition, Read reportedly told disciplinary personnel he felt “burdened by the demands of (his) law practice and family life,” and that his situation caused the financial misconduct.

He reportedly added that he was stressed, and the stress was exacerbated by marital problems and financial difficulties, according to court documents.

The state bar’s disciplinary board noted aggravating factors in the decision to disbar Read: a pattern of misconduct, multiple offenses and an “indifference” to paying restitution.

Read was required to pay back thousands of dollars to the clients, though the exact amount still owed was kept confidential in the disciplinary paperwork.

The attorney had no prior record of misconduct.

Before his disbarment, Read went public with his opposition to the statewide eviction moratorium, talking to reporters from KING 5 and making posts on his law firm’s Facebook page.

The moratorium, he said, turned landlords into “economic hostages.”

On Read’s website, an information page said, “Brian appreciates and respects that for landlords, owning rental property is part of their ‘American Dream.’ Brian is proud to be a knowledgeable, affordable resource for property owners and managers looking to protect and maximize their returns.”

Court records show Read was still practicing law last month, weeks before his disbarment took effect in late June.

Reached by phone, Read declined to comment to a Daily Herald reporter. His law firm’s website was taken down shortly after the bar sent out a notice he could no longer practice.

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Evictions lawyer used client trust funds to pay mortgage