Thayer Lance Weaver Jr., an attorney in St. Louis County, has been licensed since 1997.  He practices primarily personal injury and medical malpractice law. Weaver previously was admonished regarding the safekeeping of property following an overdraft in his client trust account. The admonishment further recommended Weaver take a continuing legal education course regarding trust accounting. Weaver never completed the course. In 2021, the chief disciplinary counsel filed an information alleging Weaver violated several rules of professional conduct, including the rules pertaining to the safekeeping of client property and communication. An audit of Weaver’s trust account showed he deposited a check into his client account that was not issued to one of his clients; on more than one occasion, he withdrew more funds than initially were deposited with respect to a client; he paid personal and firm expenses out of his client trust account; he swept funds out of the account in round dollar amounts; he failed to reconcile his client ledgers; he paid payroll from the client trust account; and his trust account often had a negative balance. The chief disciplinary counsel alleged the audit also showed Weaver was commingling funds by making improper deposits of personal funds into his client trust account. A disciplinary hearing panel found Weaver violated several rules pertaining to the safekeeping of property and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation. The panel recommended Weaver be suspended with no leave to reapply for reinstatement for one year. The chief disciplinary counsel rejected the panel’s recommendation, arguing Weaver should be disbarred. 

This case presents two questions for the Court – whether Weaver violated the rules of professional conduct and, if so, what discipline, if any, is appropriate. 

SC99805_chief_disciplinary_counsel_brief
SC99805_Weaver_brief