it remained there for about a month. Twice more, in February and April of 1994, the balanced dipped below the obligated amount for appreciable periods. In April of 1994, Anderson contacted Phillips & Green about an unrelated matter and was told of the outstanding bill in the Calligan case, whereupon he paid the medical providers the $1207.50.
Testifying before the Hearing Committee, Anderson asserted that he had simply forgotten to make the payment to Phillips & Green following settlement. He explained that at the same time the Calligan matter was settled, he was concluding a settlement in another personal injury case for a client named James Green. On the same day he gave Calligan the settlement sheet showing intended disbursements, he purchased a cashier's check payable to James Greenmade corresponding notations on the case file, he kept no separate trust or escrow account nor ledgers or books reflecting receipts and disbursements. He explained that, since he had relatively few clients, once he received a settlement check he would deposit it and then "immediately get [the] checks together [of everybody who was owed some money] and send them out," keeping record of these transactions "in [his] head."
Calligan testified that after the March 1993 settlement and receipt of his share, he received additional telephone calls from the collection agency telling him that the medical bill had not been paid. Between one and two months after the settlement he spoke with Phillips & Green and was told "the bill had been discharged." In the meantime, he left messages on