July 1, 2011
Neither A Doctor Or Lawyer Be
From the July 2011 California Bar Journal:
[An attorney]was disbarred May 13, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court.
In a default proceeding, the State Bar Court found that [the attorney] violated an earlier rule 9.20 order by failing to submit to the court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension. Although he filed a declaration of compliance three months late, failure to comply with the rule is grounds for disbarment.
The underlying discipline, imposed in 2008, followed misdemeanor convictions for trespassing and fleeing from a park ranger. The bar court’s review department found that neither conviction involved moral turpitude and reduced a disbarment recommendation to a suspension.
[The attorney], who is both a lawyer and a doctor, was disciplined again in 2010 for three acts of misconduct — he committed acts of moral turpitude by make false and misleading statements on applications for hospital privileges, did not notify the State Bar of disciplinary action taken against him by the medical board, and he failed to uphold the law. His medical license was revoked in 1999 and he was subsequently employed by a law firm, where he represented himself as a doctor, without notifying his employer that his license had been revoked.
In recommending disbarment, Judge Richard Honn wrote that [the attorney] “has demonstrated an unwillingness to comply with the professional obligations and rules of court imposed on California attorneys although he has been given opportunities to do so."
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