Case Number(s): 06-O-10014
In the Matter of: Steven M. Walker, Bar # , A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: William F. Stralka, Bar # 056147
Counsel for Respondent: Bar #
Submitted to: assigned judge State Bar Court Clerk’s Office Los Angeles
Filed: October 2, 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.
1. Respondent is a member of the State Bar of California, admitted December 12, 1983.
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 11 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):
checked. costs added to membership fee for calendar year following effective date of discipline (public reproval).
<<not>> checked. case ineligible for costs (private reproval).
<<not>> 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.)
<<not>> checked. costs waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. costs entirely waived.
9. The parties understand that:
<<not>> checked. (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
IN THE MATTER OF: STEVEN M. WALKER
CASE NUMBER(S): 06-0-10014
PENDING PROCEEDINGS:
The disclosure date referred to, on page one, paragraph A.(7), was August 21, 2006
PARTIES ARE BOUND BY THE STIPULATION FACTS:
The Parties intend to be and are hereby bound by the stipulation to facts contained in this stipulation. This stipulation as to facts, and the facts so stipulated shall independently survive, even if the conclusions of law and/or stipulated disposition set forth herein are rejected, or change in any manner whatsoever, by the Hearing Department or the Review Department of the State Bar Court, or by the California Supreme Court.
STIPULATION AS TO FACTS AND CONCLUSIONS OF LAW:
Respondent admits that the following facts are tree, and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct, or has otherwise committed acts of misconduct warranting discipline.
FACTS: CASE NO. 06-0-10014:
1. Respondent was employed on March 20, 1999 to represent John Molar ("Mohr") and his family ("the Molars"), in a personal injury case that was filed on September 18, 1998, Mohr v. Chronister, case no. 97022, Imperial County Superior Court.
2. In August 2000, the Molars were deposed by defendants. Mohr received no communication by letter or telephone from Respondent from August 2000 to about April 2002, when Mohr reached Respondent by telephone and Respondent advised Mohr that he was working on the Mohr’s’ case.
3. On May 5, 2003, the Mohrs sent a letter to Respondent by certified mail requesting copies of the Mohrs files and the status of their cases. Respondent did not reply to Mohr's letter.
4. In August 2003, Mohr had attorney John Gorman, III send Respondent a certified letter requesting the Mohr’s’ file and all other information regarding the Mohr’s case. Respondent did not reply to Mohr’s letter. Respondent sent the Mohr file to John Gorman, III on August 18, 2006.
5. In December 2004, the Mohrs learned that the Statue of Limitation had run on their actions because the case(s) was not prosecuted within five (5) years of the filing date or September 18, 2003. Their case was dismissed by the court on September 3, 2004.
CONCLUSIONS OF LAW:
1. Respondent failed to use due diligence in prosecuting the Mohr’s’ case(s), and failed to communicate with the Molars. Respondent intentionally, recklessly, or repeatedly failed to perform legal services with competence in wilful violation of Rules of Professional Conduct, rule 3-1 10(A), and failed to communicate with the Mohrs in wilful violation of Business and Professions Code, section 6068(m).
2. Respondent failed to give notice to the Mohrs that he had constructively withdrawn from their case(s) by failing to prosecute their case(s), and subsequently Respondent failed to promptly return the Mohrs’ client’s file(s) in wilful violation of rule 3-700(A)(2) of the Rules of Professional Conduct,
SUPPORTING AUTHORITY:
Standards for Attorney Sanctions for Professional Misconduct, Standard(s) 1.4(b); 2.4(b); and 2.10.
In the Matter of Hanson (Review Dept. 1994) 2 Cal. State Bar Ct. Rptr. 703. In Hanson Respondent had a prior private reproval. The Review Department weighed the misconduct which involved failure to return unearned fees and withdrawing without taking steps to avoid foreseeable prejudice to this client, and judged that it was not serious enough to justify suspension and issued a public reproval.
Standard 1.7 would normally apply to direct the imposition of a discipline greater than that imposed in Respondent’s prior discipline proceedings. However, Respondent’s prior discipline was effective November 14, 1991, and is so remote in time, and the current offense is so minimal in severity, that imposing greater discipline in the current proceeding would be manifestly unjust.
COSTS OF DISCIPLINARY PROCEEDINGS:
Respondent acknowledges that the Office of Chief Trial Counsel has informed Respondent that as of August 4, 2006, the estimated prosecution costs in this matter approximately $2,018. Respondent acknowledges that this figure is an estimate only and that it does not include State Bar Court costs which will be included in any final cost assessment.
Respondent further acknowledges that should this stipulation re 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): 06-O-10014
In the Matter of: Steven M. Walker
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: Steven M. Walker
Date: 8/30/06
Respondent’s Counsel:
Date:
Deputy Trial Counsel: William F. Stralka
Date: Sept. 7, 2006
Case Number(s): 06-O-10014
In the Matter of: Steven M. Walker
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:
checked. The stipulated facts and disposition are APPROVED AND THE REPROVAL IMPOSED.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.
<<not>> checked. All court dates in the Hearing Department are vacated.
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 125(b), Rules of Procedure.) Otherwise the stipulation shall be effective 15 days after service of this order.
Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.
Signed by:
Judge of the State Bar Court: Richard Honn
Date: 9/29/06
[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 Los Angeles, on October 2, 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 Los Angeles, California, addressed as follows:
STEVEN MARTIN WALKER
1225 MAIN ST #B
EL CENTRO, CA 92243
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
William Stralka, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on October 2, 2006.
Signed by:
Milagro del r. Salmeron
Case Administrator
State Bar Court