State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 05-O-3771
In the Matter of: Frederick Joseph Amorose, Bar # 73597, A
Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Erica L.M. Dennings, Bar # 145755
Counsel for Respondent: Bar #
Submitted to: Assigned Judge State Bar Court Clerk’s Office
San Francisco
Filed: April 12, 2006
<<not>> checked. PREVIOUS STIPULATION REJECTED
Note: All information required by this form and any
additional information which cannot be provided in the space provided, must be
set forth in an attachment to this stipulation under specific headings, e.g.,
"Facts," "Dismissals," "Conclusions of Law,"
"Supporting Authority," etc.
A. Parties' Acknowledgments:
1. Respondent is a member of the State Bar of California,
admitted February 8, 1977.
2. The parties agree to be bound by the factual
stipulations contained herein even if conclusions of law or disposition are
rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case
number in the caption of this stipulation are entirely resolved by this
stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are
listed under "Dismissals." The stipulation consists of 9 pages, not
including the order.
4. A statement of acts or omissions acknowledged by
Respondent as cause or causes for discipline is included under
"Facts."
5. Conclusions of law, drawn from and specifically referring
to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the
recommended level of discipline under the heading "Supporting
Authority."
7. No more than 30 days prior to the filing of this
stipulation, Respondent has been advised in writing of any pending
investigation/proceeding not resolved by this stipulation, except for criminal
investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges
the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one
option only):
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until costs are paid in full, Respondent will remain actually suspended from
the practice of law unless relief is obtained per rule 284, Rules of Procedure.
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checked. costs to be paid in equal amounts prior to February 1 for the
following membership years: (hardship, special circumstances or other good
cause per rule 284, Rules of Procedure.)
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checked. costs waived in part as set forth in a separate attachment entitled
"Partial Waiver of Costs".
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checked. costs entirely waived.
B. Aggravating
Circumstances [for definition, see Standards for Attorney Sanctions for
Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating
circumstances are required.
<<not>> checked. (1) Prior record of discipline [see
standard 1.2(f)]
<<not>> checked. (a) State
Bar Court case # of prior case .
<<not>> checked. (b) Date
prior discipline effective .
<<not>> checked. (c) Rules
of Professional Conduct/ State Bar Act violations:
<<not>> checked. (d) Degree
of prior discipline
<<not>> checked. (e) If
Respondent has two or more incidents of prior discipline, use space provided
below. .
<<not>> checked. (2) Dishonesty: Respondent's misconduct
was surrounded by or followed by bad faith, dishonesty, concealment, overreaching
or other violations of the State Bar Act or Rules of Professional Conduct.
<<not>> checked. (3) Trust Violation: Trust funds or
property were involved and Respondent refused or was unable to account to the
client or person who was the object of the misconduct for improper conduct
toward said funds or property.
<<not>> checked. (4) Harm: Respondent's misconduct harmed
significantly a client, the public or the administration of justice.
<<not>> checked. (5) Indifference: Respondent demonstrated
indifference toward rectification of or atonement for the consequences of his
or her misconduct.
<<not>> checked. (6) Lack of Cooperation: Respondent
displayed a lack of candor and cooperation to victims of his/her misconduct or
to the State Bar during disciplinary investigation or proceedings.
<<not>> checked. (7) Multiple/Pattern of Misconduct:
Respondent's current misconduct evidences multiple acts of wrongdoing or
demonstrates a pattern of misconduct.
<<not>> checked. (8) No aggravating circumstances are
involved.
Additional aggravating circumstances:
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
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(1) No Prior Discipline: Respondent has no prior record of
discipline over many years of practice coupled with present misconduct which is
not deemed serious.
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checked. (2) No Harm: Respondent did not harm the client or person who was
the object of the misconduct.
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(3) Candor/Cooperation: Respondent displayed spontaneous
candor and cooperation with the victims of his/her misconduct and to the State
Bar during disciplinary investigation and proceedings.
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checked. (4) Remorse: Respondent promptly took objective steps
spontaneously demonstrating remorse and recognition of the wrongdoing, which
steps were designed to timely atone for any consequences of his/her
misconduct.
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checked. (5) Restitution: Respondent paid $ on in restitution to without
the threat or force of disciplinary, civil or criminal proceedings.
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checked. (6) Delay: These disciplinary proceedings were excessively
delayed. The delay is not attributable to Respondent and the delay prejudiced
him/her.
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checked. (7) Good Faith: Respondent acted in good faith.
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checked. (8) Emotional/Physical Difficulties: At the time of the stipulated
act or acts of professional misconduct Respondent suffered extreme emotional
difficulties or physical disabilities which expert testimony would establish
was directly responsible for the misconduct. The difficulties or disabilities
were not the product of any illegal conduct by the member, such as illegal drug
or substance abuse, and Respondent no longer suffers from such difficulties or
disabilities.
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checked. (9) Severe Financial Stress: At the time of the misconduct,
Respondent suffered from severe financial stress which resulted from
circumstances not reasonably foreseeable or which were beyond his/her control
and which were directly responsible for the misconduct.
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checked. (10) Family Problems: At the time of the misconduct, Respondent
suffered extreme difficulties in his/her personal life which were other than
emotional or physical in nature.
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checked. (11) Good Character: Respondent's good character is attested to by a
wide range of references in the legal and general communities who are aware of
the full extent of his/her misconduct.
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checked. (12) Rehabilitation: Considerable time has passed since the acts of
professional misconduct occurred followed by convincing proof of subsequent
rehabilitation.
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checked. (13) No mitigating circumstances are involved.
Additional
mitigating circumstances:
(1) No prior
discipline
Respondent
was admitted on February 8, 1977 and has no prior record of discipline.
(3)
Respondent has cooperated throughout the disciplinary proceedings.
D.
Discipline:
checked. (1) Stayed Suspension:
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(a) Respondent must be suspended from the practice of law for a period of one
year.
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checked. i. and until Respondent shows proof satisfactory to the State Bar
Court of rehabilitation and present fitness to practice and present learning
and ability in the law pursuant to standard 1.4(c)(ii) Standards for Attorney
Sanctions for Professional Misconduct.
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following: .
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(b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent must be placed on probation for a
period of two years which will commence upon the effective date of the Supreme
Court order in this matter. (See rule 953, Calif. Rules of Court.)
checked. (3) Actual Suspension:
checked.
(a) Respondent must be actually suspended from the practice of law in the State
of California for a period of thirty (30) days.
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checked. i. and until Respondent shows proof satisfactory to the State Bar
Court of rehabilitation and present fitness to practice and present learning
and ability in the law pursuant to standard 1.4(c)(ii), Standards for Attorney
Sanctions for Professional Misconduct
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following:
E. Additional Conditions of Probation:
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(1) If Respondent is actually suspended for two years or more,
he/she must remain actually suspended until he/she proves to the State Bar
Court his/her rehabilitation, fitness to practice, and learning and ability in
the general law, pursuant to standard 1.4(c)(ii), Standards for Attorney
Sanctions for Professional Misconduct.
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(2) During the probation period, Respondent must comply with the
provisions of the State Bar Act and Rules of Professional Conduct.
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(3) Within ten (10) days of any change, Respondent must report
to the Membership Records Office of the State Bar and to the Office of Probation
of the State Bar of California ("Office of Probation"), all changes
of information, including current office address and telephone number, or other
address for State Bar purposes, as prescribed by section 6002.1 of the Business
and Professions Code.
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(4) Within thirty (30) days from the effective date of
discipline, Respondent must contact the Office of Probation and schedule a
meeting with Respondent's assigned probation deputy to discuss these terms and
conditions of probation. Upon the direction of the Office of Probation,
Respondent must meet with the probation deputy either in-person or by
telephone. During the period of probation, Respondent must promptly meet with
the probation deputy as directed and upon request.
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(5) Respondent must submit written quarterly reports to the
Office of Probation on each January 10,
April 10, July 10, and October 10 of the period of probation. Under penalty of perjury, Respondent must
state whether Respondent has complied with the State Bar Act, the Rules of
Professional Conduct, and all conditions of probation during the preceding
calendar quarter. Respondent must also state whether there are any proceedings
pending against him or her in the State Bar Court and if so, the case number
and current status of that proceeding. If the first report would cover less
than 30 days, that report must be submitted on the next quarter date, and cover
the extended period.
In addition to all quarterly reports, a final report, containing the same
information, is due no earlier than twenty (20) days before the last day of the
period of probation and no later than the last day of probation.
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checked. (6) Respondent must be assigned a probation monitor. Respondent must
promptly review the terms and conditions of probation with the probation
monitor to establish a manner and schedule of compliance. During the period of
probation, Respondent must furnish to the monitor such reports as may be
requested, in addition to the quarterly reports required to be submitted to the
Office of Probation. Respondent must cooperate fully with the probation
monitor.
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(7) Subject to assertion of applicable privileges, Respondent
must answer fully, promptly and truthfully any inquiries of the Office of
Probation and any probation monitor assigned under these conditions which are
directed to Respondent personally or in writing relating to whether Respondent
is complying or has complied with the probation conditions.
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(8) Within one (1) year of the effective date of the discipline
herein, Respondent must provide to the Office of Probation satisfactory proof
of attendance at a session of the Ethics School, and passage of the test given
at the end of that session.
No Ethics School recommended. Reason: .
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checked. (9) Respondent must comply with all conditions of probation imposed in
the underlying criminal matter and must so declare under penalty of perjury in
conjunction with any quarterly report to be filed with the Office of Probation.
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checked. (10) The following conditions are attached hereto and
incorporated:
<<not>> checked. Substance
Abuse Conditions.
<<not>> checked. Law Office
Management Conditions.
<<not>> checked. Medical
Conditions.
<<not>> checked. Financial
Conditions.
F. Other Conditions Negotiated by the Parties:
checked. (1) Multistate Professional Responsibility
Examination: Respondent must provide proof of passage of the Multistate
Professional Responsibility Examination ("MPRE"), administered by the
National Conference of Bar Examiners, to the Office of Probation during the
period of actual suspension or within one year, whichever period is longer.
Failure to pass the MPRE results in actual suspension without further hearing
until passage. But see rule 951(b), California Rules of Court, and rule 321
(a)(1) & (c), Rules of Procedure.
<<not>> checked. No MPRE recommended. Reason:
<<not>> checked. (2) Rule 955, California Rules of
Court: Respondent must comply with the requirements of rule 955, California
Rules of Court, and perform the acts specified in subdivisions (a) and (c) of
that rule within 30 and 40 calendar days, respectively, after the effective
date of the Supreme Court's Order in this matter.
checked. (3) Conditional Rule 955, California Rules of
Court: If Respondent remains actually suspended for 90 days or more, he/she
must comply with the requirements of rule 955, California Rules of Court, and
perform the acts specified in subdivisions (a) and (c) of that rule within 120
and 130 calendar days, respectively, after the effective date of the Supreme
Court's Order in this matter.
<<not>> checked. (4) Credit for Interim Suspension
[conviction referral cases only]: Respondent will be credited for the period
of his/her interim suspension toward the stipulated period of actual
suspension. Date of commencement of interim suspension:
<<not>> checked. (5) Other Conditions:
ATTACHMENT
TO
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION
IN THE MATTER
OF: FREDERICK JOSEPH AMOROSE
CASE
NUMBER(S): 05-O-3771 ET AL.
FACTS AND
CONCLUSIONS OF LAW.
Effective
September 16, 2004 and continuing to May 23, 2005, respondent was suspended for
failure to pay membership dues. Effective September 16, 2004 and continuing
through June 6, 2005, respondent was suspended for failure to comply with MCLE
requirements.
Respondent was
aware that he was suspended for failure to pay membership dues and for failure
to comply with MCLE requirements.
Between
September 16, 2004 and June 6, 2005, respondent practiced law and held himself
out as entitled to practice law in the following ways:
On or about
September 21, 2004, respondent filed a complaint on behalf of his client Shasta
Constructors, Inc.: Shasta Constructors, Inc. vs. U.S. Fidelity and Guaranty,
Merced County Superior Court ease number 147966.
On or about
March 18, 2005 respondent filed a case management statement in the Shasta
Constructors v. U.S. Fidelity matter.
On or about
March 21, 2005, respondent attended the case management conference via
telephone for the Shasta v. U.S. Fidelity case.
On a regular
basis throughout the case, respondent spoke to Shasta representatives about the
substance of the case, gave legal advice, drafted correspondence, and
represented his client.
Respondent
sent bills to Shasta and collected fees for professional services.
Sometime
after the case management conference (March 21, 2005), Rob Moseman of Shasta
called respondent and told him he had learned that respondent was suspended.
Respondent admitted to Moseman that he was suspended due to his failure to pay
his membership dues and comply with MCLE requirements. After telling Moseman
that he could be reinstated by May 2005 and that it would not delay the trial
scheduled for September 2005, Moseman told respondent to get reinstated and
continue representing Shasta in the matter.
Respondent
eventually credited Shasta for payments made for services performed while he
was suspended.
By filing
pleadings, making court appearance, giving legal advice, and drafting documents,
respondent held himself out as practicing or entitled to practice law or
otherwise practicing law when he was not an active member of the State Bar in
wilful violation of Business and Professions Code, sections 6068(a), 6125 and
6126.
By practicing
law and holding himself out as entitled to practice law while he was suspended,
respondent committed an act of moral turpitude, dishonesty, or corruption in
wilful violation of section 6106 of the Business and Professions Code.
PENDING
PROCEEDINGS.
The
disclosure date referred to, on page one, paragraph A.(7), was February 21,
2006.
STATE BAR
ETHICS SCHOOL.
Because
respondent has agreed to attend State Bar Ethics School as part of this
stipulation, respondent may receive Minimum Continuing Legal Education credit
upon the satisfactory completion of State Bar Ethics School.
RESTRICTIONS
WHILE ON ACTUAL SUSPENSION.
1. During the
period of actual suspension, respondent shall not:
Render legal
consultation or advice to a client;
Appear on
behalf of a client in any hearing or proceeding or before any judicial officer,
arbitrator, mediator, court, public agency, referee, magistrate, commissioner,
or hearing officer;
Appear as a
representative of a client at a deposition or other discovery matter;
Negotiate or
transact any matter for or on behalf of a client with third parties;
Receive,
disburse, or otherwise handle a client’s funds; or
Engage in
activities which constitute the practice of law.
2. Respondent
shall declare under penalty of perjury that he or she has complied with this
provision in any quarterly report required to be filed with the Probation Unit,
pertaining to periods in which the respondent was actually suspended from the
practice of law.
SIGNATURE OF THE PARTIES
Case Number(s): 05-O-3771
In the Matter of: Frederick Joseph Amorose #73597
By their
signatures below, the parties and their counsel, as applicable, signify their
agreement with each of the recitation and each of the terms and conditions of
this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Frederick
Joseph Amorose
Date: 2/28/06
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Erica L.M. Dennings
Date: 13
March 2006
ORDER
Case Number(s): 05-O-03371- JMR
In the Matter of: Frederick J. Amorose
Finding the
stipulation to be fair to the parties and that it adequately protects the
public, IT IS ORDERED that the requested dismissal of counts/charges, if any is
GRANTED without prejudice, and:
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DISCIPLINE RECOMMENDED to the Supreme Court.
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The stipulated facts and disposition are APPROVED AS MODIFIED as set forth
below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
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checked. All Hearing dates are vacated.
The
court hereby orders that the Stipulation is modified as follows:
1. On page 2,
an "x" is inserted in the box under section B(8), indicating that
there are no aggravating circumstances involved.
2. On page 4,
the "x" is deleted in the box under section E(1), removing the
conditional standard 1.4(c)(ii) requirement. While the court notes that
respondent will remain suspended until he pays costs, there are no conditions that
would extend respondent’s actual suspension for the purposes of discipline
beyond the 30-day suspension period that would render this condition
appropriate under the circumstances.
3. On page 5,
the "x" is deleted in the box under section F(3), removing the
conditional rule 955 requirement. (See discussion above.)
The parties
are bound by the stipulation as approved unless: 1) a motion to withdraw or
modify the stipulation, filed within 15 days after service of this order, is
granted; or 2) this court modifies or further modifies the approved
stipulation. (See rule 135(b), Rules of Procedure.) The effective date of this
disposition is the effective date of the Supreme Court order herein, normally
30 days after the file date. (See rule 953(a), California Rules of Court.)
Signed by:
Judge of the
State Bar Court: Joann M. Remke
Date: 4/12/06
CERTIFICATE
OF SERVICE
[Rule 62(b), Rules Proc.; Code Civ.
Proc., § 1013a(4)]
I am a Case
Administrator of the State Bar Court of California. I am over the age of
eighteen and not a party to the within proceeding. Pursuant to standard court
practice, in the City and County of San Francisco, on April 12, 2006, I
deposited a true copy of the following document(s):
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
in a sealed
envelope for collection and mailing on that date as follows:
checked. by
first-class mail, with postage thereon fully prepaid, through the United States
Postal Service at San Francisco, California, addressed as follows:
FREDERICK
JOSEPH AMOROSE
RICK AMOROSE
LAW OFFICES
1127 llTH ST
#930
SACRAMENTO CA
95814 3810
checked.
by interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
ERICA
L. M. DENNINGS, Enforcement, San Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco, California,
on April 12, 2006.
Signed by:
Bernadette
C.O. Molina
Case
Administrator
State Bar
Court