State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 07-C-13275-LMA
In the Matter of: Richard Hamm, Bar # 61401, A Member of
the State Bar of California, (Respondent).
Counsel For The State Bar: Wonder Liang, Bar # 184357,
Counsel for Respondent: In Pro Per, Bar #
Submitted to: Settlement Judge – State Bar Court Clerk’s
Office San Francisco.
Filed: September 12, 2008.
<<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 December
18, 1974.
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):
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.
<<not>> checked. Costs are to be
paid in equal amounts prior to February 1 for the following membership years: .
(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 97-O-13161 & 97-O-13691 (Cons.) (Supreme Court
Order No. S088578).
checked. (b) Date prior
discipline effective September 7, 2000.
checked. (c) Rules of
Professional Conduct/ State Bar Act violations: Two counts of violating rule
3-110(A) and one of count of violating rule 4-100(A) of the Rules of
Professional Conduct.
checked. (d) Degree of
prior discipline Stayed suspension (120 days and until compliance with Standard
1.4(ii) and paid restitution) and placed on probation for two years.
checked. (e) If
Respondent has two or more incidents of prior discipline, use space provided
below.
State Bar Court case # 00-C-15145-PEM, et al.
[State Bar Court filed its Decision on June 27, 2008, however, the Supreme
Court has not yet approved the recommendation.]; violated section 6068(a) of
the State Bar Act by violating section 23152(b) of the Vehicle Code; two years
suspension, stayed, and until showing of Standard 1.4[c)(it) compliance, and
placed on probation for five years including 30 days actual suspension.
<<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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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.
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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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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.
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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.
checked.
(13) No mitigating circumstances are involved.
Additional mitigating circumstances:
D.
Discipline:
checked. (1) Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of two
(2) years consecutive to State Bar Court case # 00-C-15145-PEM, et al.
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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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checked. (b) The above-referenced suspension is stayed.
checked.
(2) Probation: Respondent must be placed on probation for a period of two (2)
years, which will commence upon the effective date of the Supreme Court order
in this matter. (See rule 9.18, California 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 six (6) months consecutive to State Bar Court
case # 00-C-15145-PEM, et al.
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:
checked.
(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.
checked.
(2) During the probation period, Respondent must comply with
the provisions of the State Bar Act and Rules of Professional Conduct.
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.
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.
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.
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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.
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.
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.
No Ethics School recommended. Reason: .
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:
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 9.10(b), California Rules of Court, and rule
5.162(A) & (E), Rules of Procedure.
<<not>> checked. No MPRE recommended. Reason: .
checked. (2) Rule 9.20, California Rules of Court:
Respondent must comply with the requirements of rule 9.20, 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.
<<not>> checked. (3) Conditional Rule 9.20, California
Rules of Court: If Respondent remains actually suspended for 90 days or more,
he/she must comply with the requirements of rule 9.20, 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 language (if any):
SUBSTANCE ABUSE CONDITIONS
Case Number(s): 07-C-13275-LMA
In the Matter of: Richard Hamm, State Bar No. 61401
checked.
a. Respondent must
abstain from use of any alcoholic beverages, and shall not use or possess any
narcotics, dangerous or restricted drugs, controlled substances, marijuana, or
associated paraphernalia, except with a valid prescription.
checked. b. Respondent must attend at
least eight (8) meetings per month of:
checked.
Alcoholics Anonymous
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checked. Narcotics Anonymous
<<not>>
checked. The Other Bar
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checked. Other program
As a
separate reporting requirement, Respondent must provide to the Office of
Probation satisfactory proof of attendance during each month, on or before the
tenth (10th) day of the following month, during the condition or probation
period.
checked.
c. Respondent must
select a license medical laboratory approved by the Office of Probation.
Respondent must furnish to the laboratory blood and/or urine samples as may be
required to show that Respondent has abstained from alcohol and/or drugs. The
samples must be furnished to the laboratory in such a manner as may be
specified by the laboratory to ensure specimen integrity. Respondent must cause
the laboratory to provide to the Office of Probation, at the Respondent’s
expense, a screening report on or before the tenth day of each month of the
condition or probation period, containing an analysis of Respondent’s blood
and/or urine obtained not more than ten (10) days previously.
checked.
d. Respondent must
maintain with the Office of Probation a current address and a current telephone
number at which Respondent can be reached. Respondent must return any call from
the Office of Probation concerning testing of Respondent’s blood or urine
within twelve (12) hours. For good cause, the Office of Probation may require
Respondent to deliver Respondent’s urine and/or blood sample(s) for additional
reports to the laboratory described above no later than six hours after actual
notice to Respondent that the Office of Probation requires an additional
screening report.
checked.
e. 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.
Other:
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION
IN THE MATTER OF: Richard Hamm,
State Bar No. 61401
STATE BAR COURT CASE NUMBER: 07-C-13275
FACTS AND
CONCLUSIONS OF LAW.
1. On July 12,
2007, respondent was arrested for driving the wrong way on a one-way street.
Two breath samples indicated that he had a blood alcohol content of 0.12
percent. This was over the legally permitted level of 0.08 percent.
2. On July
17, 2007, a criminal complaint was filed in People v. Richard Alan Harem, Santa
Clara County Superior Court, case number CC773316, charging respondent with
misdemeanor violation of Vehicle Code sections 23152(a) and 23152(b).
Respondent pled guilty to the charge of violating Vehicle Code section
23152(b). The Court dismissed the charge of violating Vehicle Code section
23152(a) and placed respondent on probation for three years and imposed fines
on him.
Conclusions
of Law
The facts and
circumstances surrounding the violation of Vehicle Code section 23152(b), of
which Respondent was convicted, did not involve moral turpitude, but did
involve other misconduct warranting discipline. By violating Vehicle Code
section 23152(b), Respondent violated Business and Professions Code section
6068(a).
PENDING
PROCEEDINGS.
The
disclosure date referred to, on page one, paragraph A.(7), was August 7, 2008.
AUTHORITIES
SUPPORTING DISCIPLINE.
Standard 2.6
supports the recommended discipline of actual suspension. It states that
violation of Section 6068 of the Business and Professions Code shall result in
suspension, depending on the gravity of the offense of the harm.
Respondent
admits that the above facts are true and that he/she is culpable of violations
of the specified statutes and/or Rules of Professional Conduct.
SIGNATURE OF THE PARTIES
Case Number(s): 07-C-13275
In the Matter of: Richard Hamm, State Bar No. 61401
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: Richard
Hamm
Date: August
14, 2008
Respondent’s
Counsel: n/a
Date:
Deputy Trial
Counsel: Wonder J. Liang
Date: August
18, 2008
ACTUAL SUSPENSION ORDER
Case Number(s): 07-C-13275
In the Matter of: Richard Hamm, State Bar No. 61401
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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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.
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checked. All Hearing dates are vacated.
1.
On page 4, section D(1)(b), an “x” is inserted in the box indicating that the
above-referenced suspension is stayed.
2.
On page 4, section E(1), the “x” in front of the box is deleted as respondent
is already required to do so under section 3(a)(i).
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 9.18(a), California Rules of Court.)
Signed by:
Judge of the
State Bar Court: Pat E. McElroy
Date: September
11, 2008
CERTIFICATE OF SERVICE
[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 San Francisco, on September 12, 2008, 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:
RICHARD HAMM
12 S 1ST ST #809
SAN JOSE, CA 95113-2405
<<not>> checked. by
certified mail, No. , with return receipt requested, through the United States
Postal Service at , California, addressed as follows:
<<not>> checked. by
overnight mail at , California, addressed as follows:
<<not>> checked. by fax
transmission, at fax number . No error was reported by the fax machine that I
used.
<<not>> checked. By
personal service by leaving the documents in a sealed envelope or package
clearly labeled to identify the attorney being served with a receptionist or a
person having charge of the attorney’s office, addressed as follows:
checked. by interoffice mail through a
facility regularly maintained by the State Bar of California addressed as
follows:
WONDER LIANG, Enforcement, San
Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco,
California, on September 12, 2008.
Signed by:
Bernadette
C.O. Molina
Case
Administrator
State Bar
Court