State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

Probation Violation

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.

A. Parties' Acknowledgments:

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.

B.     Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

checked. (1)            Prior record of discipline [see standard 1.2(f)].

checked. (a) State Bar Court case # of prior case 03-O-04419; 04-O-14313 (S132495).
checked. (b) Date prior discipline effective July 10, 2005.
checked. (c) Rules of Professional Conduct/ State Bar Act violations: 2 counts of 6068(i) (failure to cooperate); 2 counts of B&P 6106 (moral turpitude);RPC 4-100(B)(3) (failure to maintain CTA records); 4-100 (A)(commingling)
checked. (d) Degree of prior discipline 1 year stayed, 1 year probation, 60 days actual
checked. (e) If Respondent has two or more incidents of prior discipline, use space provided below or a separate attachment entitled “Prior Discipline.

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

<<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.

<<not>> checked. (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.

<<not>> checked. (2) No Harm:  Respondent did not harm the client or person who was the object of the misconduct. 

<<not>> checked. (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. 

<<not>> 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. 

<<not>> checked. (5) Restitution:  Respondent paid $   on   in restitution to   without the threat or force of disciplinary, civil or criminal proceedings.

<<not>> checked. (6) Delay:  These disciplinary proceedings were excessively delayed.  The delay is not attributable to Respondent and the delay prejudiced him/her.

<<not>> checked. (7) Good Faith:  Respondent acted in good faith.

<<not>> 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.

<<not>> 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.

<<not>> 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.

<<not>> 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.

<<not>> checked. (12) No mitigating circumstances are involved.

Additional mitigating circumstances: See attachment.

D. Discipline (choose only one):

<<not>> checked. (1) Probation extended: Respondent’s probation in  is extended for .

checked. (2)            Probation revoked; Probation Reinstated; Actual Suspension:  Respondent’s probation is revoked and reinstated for 1 year on the same terms and conditions as previously imposed in S132495. The terms of probation remain the same as in the prior order except as indicated below. In addition, Respondent must be actually suspended from the practice of law for 30 days.

<<not>> checked. (3) Probation revoked; Probation Reinstated; No Actual Suspension: Respondent’s probation is revoked and reinstated for  on the same terms and conditions as previously imposed in . The terms of probation remain the same as in the prior order except as indicated below.

<<not>> checked. (4) Probation revoked; Probation not Reinstated; Actual Suspension: Respondent’s probation is revoked. Respondent must be suspended from the practice of law for .

E. In addition to conditions previously imposed by the Supreme Court in its prior order, the following new conditions are recommended by this stipulation:

<<not>> checked. (1) During the probation period, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

<<not>> checked. (2) 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.

<<not>> checked. (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.

<<not>> checked. (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.

<<not>> checked. (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.

<<not>> 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.

<<not>> checked. (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.

<<not>> checked. (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.

<<not>> checked. No Ethics School recommended.  Reason: .

<<not>> 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.

checked. (10) The following conditions are attached hereto and incorporated:        

<<not>> checked. Substance Abuse Conditions.
<<not>> checked. Law Office Management Conditions.
checked. Medical Conditions.
<<not>> checked. Financial Conditions.

F. Other Conditions Negotiated by the Parties:

<<not>> checked. (1) Probation Conditions Deleted or Modified:  :

<<not>> checked. (2) Rule 955, California Rules of Court: Respondent must comply with the provisions of subdivisions (a) and (c) of rule 955, California Rules of Court, within 30 and 40 days, respectively, from the effective date of the Supreme Court order herein.

<<not>> 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 provisions of subdivisions (a) and (c) of rule 955, California Rules of Court, within 120 and 130 days, respectively, from the effective date of the Supreme Court order herein.

<<not>> checked. (4) Other:

 

Attachment language (if any):


MEDICAL CONDITIONS

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.


ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

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


PROBATION VIOLATION ORDER

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


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 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