Is there commingling if the attorney does not have client funds in the client trust account?

The California Bar Journal reports that an attorney was disbarred for creating an escrow account in his nephew's name in order to shield assets from creditors. The court found the attorney had commingled personal funds in his client trust account even though the account actually never held client funds and he used it only to deposit and withdraw funds for personal and business purposes. Legal Profession Blog has more on the story.