Supreme Court of Missouri
en banc

 
Supreme Court Case No. SC96561
 
 
Now on this day, this Court being sufficiently advised of and concerning the premises and having considered the parties’ statements of acceptance of the Disciplinary Hearing Panel decision pursuant to Rule 5.19(c), this Court finds that while representing eighteen clients between 2008 and 2015, Respondent Jason M. Pottenger, Missouri Bar No. 43354, violated Rule 4-1.15 by commingling personal funds with property belonging to clients, by depositing personal funds (including earned legal fees), into the trust account in excess of paying bank service charges, by failing to promptly deliver client or third party funds, and by failing to maintain complete trust account records. Respondent should be disciplined for his misconduct.

In determining a sanction, this Court has considered the panel’s recommendation, the parties’ acceptance of that decision, the ABA Standards for Imposing Sanctions, and this Court’s previous decisions in attorney discipline cases.

Now, therefore, it is ordered by this Court that the said Respondent, Jason M. Pottenger, is hereby placed on probation under Rule 5.225(a)(2), pursuant to the terms and conditions set out in the Amended Disciplinary Hearing Panel Decision filed herein.

Fee pursuant to Rule 5.19(h) in the amount of $1,500.00 payable to the Clerk of this Court to the credit of the Advisory Committee Fund taxed to Respondent.

Costs taxed to Respondent.

Note: To view any specific rule provisions cited in this order, please visit the pages for Supreme Court of Missouri Rule 4 and Rule 5. Please be aware the versions of the rules available online are those currently in effect and may have changed since this order issued.