Case Number(s): 06-PM-10555-RAP
In the Matter of: Christopher O’Keefe, Bar # 165197, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Terrie Goldade, Bar # 155348
Counsel for Respondent: David C. Carr, Bar # 124510
Submitted to: Assiged Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: March 21, 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 June 18, 1993.
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):
<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline (no actual suspension).
<<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 (actual suspension).
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: 2007, 2008. (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) 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.
<<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.
S137831/04-O-14389, effective 01/15/06
B&P 6068(i) (failure to cooperate) and
B&P 6106 (moral turpitude)
RPC 3-700(A) (2) (abandonment)
2 years stayed, 2 years probation; 6 months actual & until restitution
Additional aggravating circumstances: .
Additional mitigating circumstances: See attachment.
Attachment language (if any):
Case Number(s): 06-PM-10555-RAP
In the Matter of: Christopher O’Keefe
checked. a. Respondent must obtain psychiatric or psychological help/treatment from a duly licensed psychiatrist, psychologist, or clinical social worker at respondent’s own expense a minimum of 2 times per month and must furnish evidence to the Office of Probation that respondent is so complying with each quarterly report. Help/treatment should commence immediately, and in any event, no later than thirty (30) days after the effective date of the discipline in this matter. Treatment must continue for the period of probation or until a motion to modify this condition is granted and that ruling becomes final.
If the treating psychiatrist, psychologist, or clinical social worker
determines that there has been a substantial change in respondent’s condition,
respondent or Office of the Chief Trial Counsel may file a motion for
modification of this condition with the Hearing Department of the State Bar
Court, pursuant to rule 550 of the Rules of Procedure of the State Bar. The
motion must be supported by a written statement from the psychiatrist,
psychologist, or clinical social worker, by affidavit or under penalty of
perjury, in support of the proposed modification.
<<not>> checked. b. Upon the request of the Office of Probation, respondent must provide the Office of Probation with medical waivers and access to all of respondent’s medical records. Revocation of any medical waiver is a violation of this condition. Any medical records obtained by the Office of Probation are confidential and no information concerning them or their contents will be given to anyone except members of the Office of Probation, Office of the Chief Trial Counsel, and the State Bar Court, who are directly involved with maintaining, enforcing or adjudicating this condition.
IN THE MATTER OF: Christopher J. O’Keefe, State Bar No. 165197
STATE BAR COURT CASE NUMBER: 06-PM-10555-RAP
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statute.
On or about June 10, 2005, the California Supreme Court filed an Order in Case no. S132495 (State Bar Court Case nos. 03-O-04419 and 04-0-14313) that Respondent be suspended from the practice of law for a period of 1 year, that execution of suspension be stayed and that Respondent be placed on probation for a period of 1 year subject to the conditions of probation, including actual suspension for 60 days, as recommended by the Hearing Department of the State Bar Court in its order approving the Stipulation filed on February 1, 2005.
As a condition of probation, Respondent was ordered to submit Written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of his probation period and to state under penalty of perjury whether he had complied with the State Bar Act and the Rules of Professional Conduct. On or about February 27, 2006, Respondent filed his quarterly reports due October 10, 2005 and January 10, 2006.
As a condition of probation, Respondent was ordered to report to the Membership Records Office and the Office of Probation any changes in his current office address and telephone number, or other address for State Bar purposes, within 10 days of any change. On or about Respondent February 22, 2006, Respondent updated his information, which exceeded the time frame required.
By failing to timely file his October 10, 2005 and January 10, 2006, and by failing to timely update his contact information, Respondent wilfully violated Business and Professions Code, section 6068(k).
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph A.(7), was March 13, 2006.
OTHER CONDITIONS NEGOTIATED BY THE PARTIES.
The parties stipulate to waive any variance in the language, allegations, and conclusions of law between this stipulation and the Notice of Motion and Motion to Revoke Probation filed on February 10, 2006. Respondent acknowledges that this stipulation contains language, allegations, mad conclusion of law which differ from the language, allegations, and conclusions of law contained in the Notice of Motion and Motion to Revoke Probation filed on February 10, 2006. The parties further stipulate to waive the fight to have an Amended Notice of Motion and Motion to Revoke Probation.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of March 13, 2006, the estimated prosecution costs in this matter are approximately $1,546. 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 be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
AUTHORITIES SUPPORTING DISCIPLINE.
The greatest amount of discipline would be warranted by probation violations which show a breach of a condition significantly related to the misconduct for which probation was given. In the Matter of Potack, (Rev. Dept. 1991) 1 Cal. State Bar Ct. Rptr. 525, 537.
Emotional difficulties can be mitigating circumstances in probation revocation proceedings. See, e.g., In the Matter of Gorman (Rev. Dept. 2003) 4 Cal. State Bar Ct. Rptr. 567, 572-573.
The aggravating weight of prior discipline is diminished when it takes place in the same time frame as current discipline. In the Matter of Sklar (Rev. Dept. 1993) 2 Cal. State Bar Ct. Rptr. 602, 619.
ADDITIONAL CIRCUMSTANCES.
Prior to December 29, 2003, Respondent practiced bankruptcy law. On that date, he was involved in a rollover automobile accident. He suffered a concussion and fractured cervical and lumbar vertebra, but did not lose consciousness and declined transportation to the hospital. As a result, Respondent was in chronic pain throughout 2004 and 2005 and used such drugs as percocet, vicodin, flexeril, celebrex, xanax, and klonipin, upon which he developed a dependence. Respondent also developed post traumatic stress disorder and depression. Respondent was unable to practice law beginning in or about mid-2004, but his disability insurer declined coverage, leaving Respondent with no source of income. Respondent eventually lost his home to foreclosure.
Respondent is no longer dependent upon painkillers. He is still undergoing treatment for depression, generalized anxiety disorder, and post-traumatic stress disorder.
SIGNATURE OF THE PARTIES
Case Number(s): 06-PM-10555-RAP
In the Matter of: Christopher O’Keefe
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: Christopher O’Keefe
Date: March 15, 2006
Respondent’s Counsel: David C. Carr
Date: March 15, 2006
Deputy Trial Counsel: Terrie Goldade
Date: March 16, 2006
Case Number(s): 06-PM-10555-RAP
In the Matter of: Christopher O’Keefe
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 9 – ADDITIONAL CIRCUMSTANCES
Sentence 6- Delete “mis”, Enter “Mid”.
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 (F), 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: Richard A. Platel
Date: March 21, 2006
[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 March 21, 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:
DAVID C. CARR
110 WEST C STREET STE 1504
SAN DIEGO, CA 92101
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
TERRIE GOLDADE, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 21, 2006.
Signed by:
Johnnie Lee Smith
Case Administrator
State Bar Court