Case Number(s): 05-O-04988 and 06-O-10108
In the Matter of: Valerie Candice Whitworth, Bar # 94581, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Christine Souhrada, Bar # 228256,
Counsel for Respondent: In Pro Per, Bar #
Submitted to: Settlement Judge – State Bar Court Clerk’s Office Los Angeles.
<<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.
1. Respondent is a member of the State Bar of California, admitted December 16, 1980.
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 12 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):
<<not>> checked. Until costs are paid in full, Respondent will remain actually suspended from the practice of law unless relief is obtained per rule 5.130, Rules of Procedure.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: Five billing cycles following the effective date of the Supreme Court Order. (Hardship, special circumstances or other good cause per rule 284, Rules of Procedure.)
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
Case Number(s): 05-O-04988
In the Matter of: Valerie Candice Whitworth
<<not>> checked. a. Within days/ months/ years of the effective date of the discipline herein, Respondent must develop a law office management/organization plan, which must be approved by the Office of Probation. This plan must include procedures to (1) send periodic reports to clients; (2) document telephone messages received and sent; (3) maintain files; (4) meet deadlines; (5) withdraw as attorney, whether of record or not, when clients cannot be contacted or located; (6) train and supervise support personnel; and (7) address any subject area or deficiency that caused or contributed to Respondent’s misconduct in the current proceeding.
<<not>> checked. b. Within days/ months/ years of the effective date of the discipline herein, Respondent must submit to the Office of Probation satisfactory evidence of completion of no less than hours of Minimum Continuing Legal Education (MCLE) approved courses in law office management, attorney client relations and/or general legal ethics. This requirement is separate from any MCLE requirement, and Respondent will not receive MCLE credit for attending these courses (Rule 3201, Rules of Procedure of the State Bar.)
checked. c. Within 30 days of the effective date of the discipline, Respondent must join the Law Practice Management and Technology Section of the State Bar of California and pay the dues and costs of enrollment for one year(s). Respondent must furnish satisfactory evidence of membership in the section to the Office of Probation of the State Bar of California in the first report required.
Other:
Case Number(s): 05-O-04988
In the Matter of: Valerie Candice Whitworth
a. Restitution
<<not>> checked. Respondent must pay restitution (including the principal amount, plus interest of 10% per annum) to the payee(s) listed below. If the Client Security Fund (“CSF”) has reimbursed one or more of the payee(s) for all or any portion of the principal amount(s) listed below, Respondent must also pay restitution to CSF in the amount(s) paid, plus applicable interest and costs.
1. Payee:
Principal Amount:
Interest Accrues From:
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
<<not>> checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than .
<<not>> checked. Respondent must pay the above-referenced restitution on the payment schedule set forth below. Respondent must provide satisfactory proof of payment to the Office of Probation with each quarterly probation report, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation (or period of reproval), Respondent must make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full.
1. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
2. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
<<not>> checked. If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
checked.
1. If Respondent possesses client funds at any time during the period covered by a required quarterly report, Respondent must file with each required report a certificate from Respondent and/or a certified public accountant or other financial professional approved by the Office of Probation, certifying that:
a. Respondent has maintained a bank account in a bank authorized to do business in the State of California, at a branch located within the State of California, and that such account is designated as a “Trust Account” or “Clients’ Funds Account”;
b. Respondent has kept and maintained the following:
i. A written ledger for each client on whose behalf funds are held that sets forth:
1. the name of such client;
2. the date, amount and source of all funds received on behalf of such client;
3. the date, amount, payee and purpose of each disbursement made on behalf of such client; and,
4. the current balance for such client.
ii. a written journal for each client trust fund account that sets forth:
1. the name of such account;
2. the date, amount and client affected by each debit and credit; and,
3. the current balance in such account.
iii. all bank statements and cancelled checks for each client trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and (iii), above, and if there are any differences between the monthly total balances reflected in (i), (ii), and (iii), above, the reasons for the differences.
c. Respondent has maintained a written journal of securities or other properties held for clients that specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property; and,
v. the person to whom the security or property was distributed.
2. If Respondent does not possess any client funds, property or securities during the entire period covered by a report, Respondent must so state under penalty of perjury in the report filed with the Office of Probation for that reporting period. In this circumstance, Respondent need not file the accountant’s certificate described above.
3. The requirements of this condition are
in addition to those set forth in rule 4-100, Rules of Professional Conduct.
<<not>> checked. Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
IN THE MATTER OF: Valerie Whitworth, State Bar No. 94581
STATE BAR COURT CASE NUMBER: 05-O-04988 and 06-O-10108
I. Facts
1. On May 12, 2003, Respondent was hired Sharon Thompson to represent Thomson in her on-going dissolution of marriage matter.
2. On or before January 30, 2004, Respondent deposited a check for $8,797.24 from the sale of community property into a client trust account. Respondent took no action to distribute the $8,797.24 held in the mast account as requested by Thomson’s new attorney in late 2006.
3. On May 24, 2006, Sharon Thompson terminated Respondent’s representation.
4. On December 14, 2006, the Superior Court signed an Order requiring that Respondent distribute the funds forthwith.
5. On January 24, 2007, Respondent distributed half of the funds to Thompson’s ex-husband per the court order.
6. Respondent did not distribute the remaining funds to Thompson until April 30, 2007, "after intervention by the State Bar.
II. Conclusions of Law
7. By failing to take any action to distribute the funds held in trust on behalf of Sharon Thompson, Respondent willfully failed to pay client funds promptly as requested by Sharon Thompson’s new counsel in violation of Rules of Professional Conduct, rule 4-100(B)(4).
8. By failing to pay funds to Thompson until April 30, 2007, Respondent violated an order of the court requiring her to do or forbear an act connected with or in the course of Respondent’s profession, which she ought in good faith to do or forbear in willful violation of Business and Professions Code, section 6103.
III. Supporting Authority
Standard 2.2 (b) of the Standards For Attorney Sanctions For Professional Misconduct dictates that a violation of rule 4-100 of the Rules of Professional Conduct, which does not result in the wilful misappropriation of entrusted funds or property "shall result in at least a three month actual suspension from the practice of law, irrespective of mitigating circumstances."
IV. Dismissals
The parties respectfully request that the Court dismiss all counts of case no. 06-O-10108, and count one (Business and Professions Code section 6068(m)), count two (Rules of Professional Conduct, rule 3-110(A)), count three (Rules of Professional Conduct, rule 3-700(a)(2)), count four (Rules of Professional Conduct. rule 3-700(D)(1)). count five (Rules of Professional Conduct, rule 3-700(D)(2)), and count six (Rules of Professional Conduct, rule ,4-100(B)(3)) of case no. 05-O-04988 in the interest of justice.
V. Estimate of Costs of Disciplinary Proceedings
Respondent acknowledges that the Office of the Chief Trial Counsel has informed Respondent that as of September 26, 2007, the estimated prosecution costs in this matter are approximately $4,608.05. Respondent acknowledges that this figure is an estimate only. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
SIGNATURE OF THE PARTIES
Case Number(s): 05-O-04988
In the Matter of: Valerie Candice Whitworth
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: Valerie C. Whitworth
Date: October 4, 2007
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Christine Souhrade
Date: October 5, 2007
Case Number(s): 05-O-04988
In the Matter of: Valerie Candice Whitworth
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:
<<not>> checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
<<not>> checked. All Hearing dates are vacated.
Page 6 – Section F(1)
No MPRE Recommendations
Delete – 2 Hours
Add – 6 Hours of continuing legal education in General Ethics
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; or 3) Respondent is not accepted for participation in the Program or does not sign the Program Contract. (See rule 135(b) and 802(b), Rules of Procedure.)
Signed by:
Judge of the State Bar Court: Richard A. Platel
Date: October 11, 2007
[Rules Proc. of State Bar; Rule 5.27(B); 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 Los Angeles, on October 11, 2007, 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 Los Angeles, California, addressed as follows:
VALERIE CANDICE WHITWORTH, ESQ.
LAW OFC VALERIE WHITWORTH
16060 VENTURA BLVD #105-515
ENCINO, CA 91436
VALERIE CANDICE WHITWORTH, ESQ.
9232 DUCKHORN DR.
CHARLOTTE, NC 28277
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
CHRISTINE SOUHRADA, ESQ., Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on October 11, 2007.
Signed by:
Rose M. Luthi
Case Administrator
State Bar Court