The witness portion of a trial to determine if a veteran Salt Lake attorney committed numerous legal violations ended Friday, while both sides say they came out ahead.
Earl S. Spafford took the stand in his own defense Friday. He is accused of mismanaging hundreds of thousands of dollars in his clients' trust money while in a supervisory role with his son, Lynn.Earl Spafford is accused of failing to safeguard more than $200,000 that was to go to clients for personal injury settlements.
The non-jury trial resumes Oct. 21 for final arguments.
On the stand, Earl Spafford said all he wanted was for his son to carry on the practice and the good family name and reputation the elder Spafford earned in 43 years in Utah's legal circles.
But Lynn Spafford's troubles began early, Earl Spafford said, describing his third son in a prodigal sense. He "got into a bad crowd" in high school, began drinking and left home for 10 days following a family fight when he was 15. Lynn ended up in San Francisco but returned home and showed some promise when he graduated from high school.
Eventually, Lynn Spafford went to the University of Utah and attended law school in California.
But his father knew little of his son's manipulations, said Alan Spafford, Lynn's younger brother.
"Lynn wanted to be like Dad, but a more flamboyant version," Alan Spafford testified. "(Earl) didn't see a lot of things that were going on. The trip to Boston, the BMW, the Jaguar; (Lynn) said they were all legitimate expenditures."
Earl Spafford made Lynn Spafford a managing partner in the firm when he graduated from law school, and the son immediately went to work on "improving the firm's image," which included moving the firm to a more "prestigious" location in town, hiring a large staff and generating a lot of overhead, Alan Spafford said.
"The writing was on the wall. My father just didn't see it."
Prosecutors claim Earl Spafford actively participated with Lynn Spafford to pay law firm expenses, salaries and other costs with trust account monies.
Bar counsel Stephen Cochell said the elder Spafford also assisted in covering up his son's role in the alleged deception during a 1993 Utah Bar screening panel of the Ethics and Discipline Committee investigation of Lynn Spafford.
They also called several witnesses throughout the trial, including litigation accountants, former clients, paralegals and secretaries, all from Spafford & Spafford, and other associates.
Sandra Turville, who worked in the billing and accounting departments of the firm for about four years, said Friday she "frequently met" with both Earl and Lynn Spafford regarding bounced trust account checks in 1991 and 1992.
"They wanted to know which checks bounced, how they would be covered and that sort of thing," Turville said. "I suggested they have quarterly audits from a professional accounting firm. They did, but they were inconsistent and spotty."
Following the Utah Bar's probe, Earl Spafford assured a Utah Bar screening panel committee in July 1993 that Lynn Spafford would not be allowed to write checks on Spafford & Spafford's trust account.
Four days later, Earl Spafford removed his son's name from the signature card on the trust accounts at Draper Bank and Trust. But Lynn got ahold of a stamp with his father's signature and continued endorsing checks. Once Lynn Spafford was disbarred in 1995, defense attorney Jerry Mooney said it was assumed there would be no further misuse within the firm.
The 69-year-old criminal defense and domestic lawyer faces a 22-count disciplinary action and could be disbarred if found guilty of the misconduct.