Wednesday, June 2, 2010

California Attorney Disciplined for Misappropriating a Client's Funds and Thereafter Refusing to Provide an Accounting at his Client's Request

In In re Trousil, 695 P. 2d 1066 - Cal: Supreme Court 1985, the California Supreme Court ordered that the attorney be suspended for two years but was placed on probation for one year on conditions including, inter alia, actual suspension for six months and a requirement that he pass the Professional Responsibility Examination.

There were actually four (4) different plaintiff’s in this case, but the attorney 1) failed to file paperwork for a real estate client as per agreement, 2) he failed promptly to deliver the settlement proceeds to his client, 3) petitioner willfully failed to communicate with his clients, to keep them apprised of the status of their case, and to perform the services for which he was retained, and 4) attorney willfully failed to communicate with his client as to the status of the case, to represent his client diligently, to file the cross-complaint, to promptly deliver papers and property to his client after he was fired, and to render an appropriate accounting of his services.

The final decision of the State Bar Court herein was filed on May 23, 1984, and recommended that petitioner's suspension be consecutive to the discipline previously imposed.

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