Case Number(s): 08-C-1121
In the Matter of: Irwin S. Gevurtz, Bar # 134453 , A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Michael J. Glass, Deputy Trial Counsel
1149 South Hill Street
Los Angeles, CA 90015-2299
(213) 765-1254
Bar # 102700,
Counsel for Respondent: David A. Clare, 440 West Ocean Blvd., Suite 800
Long Beach, CA 90802
Bar # 44971 ,
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 June 18, 2011.
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 10 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: prior to February 1 un three billing cycles following the effective date of discipline. (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.
IN THE MATTER OF: Irwin S. Gevurtz, State Bar No. 134453
STATE BAR COURT CASE NUMBER: ET Al. 08-C-11121
FACTS AND CONCLUSIONS OF LAW.
Respondent Irwin S. Gevurtz ("Respondent") admits that the following facts are true and that he is culpable of violation of the specified statutes and/or Rules of Professional Conduct.
Case No. 08-C-11121
1. On July 23, 2009, Respondent was convicted of one count of violating Insurance Code section 750 (a) (Unlawful Offer or Receipt of Consideration for Referral of Clients ("Capping")), a misdemeanor.
2.In the underlying matter, on or about November 30, 2003, Takia Thomas was driving her 1995 Ford Aspire when she rearended a 1973 Volkswagen Beetle driven by Darryl Connor with passengers Cannie Gipson and Charlene Gipson. Darryl Connor, Cannie Gipson, and Charlene Gipson suffered soft tissue injuries as a result of the accident. Respondent paid Darryl Connor for referring the personal injury cases of Darryl Gipson, Cannie Gipson, and Charlene Gipson to Respondent’s firm.
3. On August 3, 2009, Respondent was sentenced and received a suspended sentence, was placed on three (3) years summary probation, ordered to serve three (3) days in the Los Angeles County Jail, with a credit for 3 days in actual custody, and ordered to make restitution in the amount of $10,000.00 to Bristol West Insurance Co., which Respondent paid.
Conclusions of Law
4. By being convicted of violating Insurance Code section 750(a) (Unlawful Offer or Receipt of Consideration for Referral of Clients ("Capping")), a misdemeanor, Respondent wilfully violated a law of this state in violation of Business and Professions Code section 6068(a).
5. Respondent’s conviction for violating Insurance Code section 750(a) (Unlawful Offer or Receipt of Consideration for Referral of Clients ("Capping")), a misdemeanor, also constitutes conviction of a crime involving other misconduct warranting discipline.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was December 7, 2010.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of December 7, 2010, the prosecution costs in this matter are $3,530.00. 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.
PROCEDURAL BACKGROUND IN CONVICTION PROCEEDING.
1. This is a proceeding pursuant to sections 6101 and 6102 of the Business and Professions Code and rule 9.10 of the California Rules of Court.
2. On July 23, 2009, respondent was convicted of violating Insurance Code section 750(a) (Unlawful Offer or Receipt of Consideration for Referral of Clients ("Capping"), a misdemeanor.
3. On July 23, 2010, the Review Department of the State Bar Court issued an order referring the matter to the Hearing Department on the following issues: For a hearing and decision recommending the discipline to be imposed in the event that the hearing department finds that the facts and circumstances surrounding the violation of Insurance Code section 750, subdivision (a) (Capping), of which Irwin Stuart Gertz was convicted, involved moral turpitude or other misconduct warranting discipline.
AUTHORITIES SUPPORTING DISCIPLINE
Standard 3.4 provides that "Final conviction of a member of a crime which does not involve moral turpitude inherently or in the facts and circumstances surrounding the crime’s commission but which does involve other misconduct warranting discipline shall result in a sanction as prescribed under part B of these standards appropriate to the nature and extent of the misconduct found to have been committed by the member."
In In the Matter of Duxbury (Review Dept. 1994) 4 Cal. State Bar Ct. Rptr., the Respondent was convicted of violating Insurance Code section 750(a) (Capping), a misdemeanor. The court found that the facts and circumstances surrounding Respondent’s conviction involved moral turpitude due to Respondent’s conversation with an undercover police officer in which Respondent approved of the scheme for referral of clients at a fee of $500 per person, .and Respondent’s admission that he had engaged in this time of conduct on before. The court recommended discipline consisting of a two year stayed suspension, two years probation with conditions including a six month actual suspension. In aggravation, although Respondent did not fully comprehend the seriousness of his misconduct, he was remorseful. Respondent’s misconduct also harmed the administration of justice. Respondent was given nominal mitigation for no prior record of discipline over five years of practice. Respondent was also given some mitigation for good character letters from two judges and two attorneys.
In In the Matter of Nelson (Review Dept. 1990) 1 Cal. State Bar Ct. Rptr., the Respondent formed a partnership with a non-lawyer who acted as a capper for the Respondent for approximately six months until the Respondent decided to close his law office and relocate in order to cease his relationship with the non-lawyer. During that time, the non-lawyer also exercised independent authority to settle clients’ cases without the Respondent’s prior approval. The Respondent’s pervasive capping activity was found to involve moral turpitude. The court recommended discipline consisting of a two year stayed suspension, two years probation with conditions, including a six month actual suspension. In mitigation, the Respondent voluntarily withdrew from the improper activities and cooperated with the State Bar. Additionally, his rehabilitation over the subsequent five years was undisputed.
In the instant case, as Respondent Irwin Gevurtz’s misconduct is not as egregious as that of the Respondent’s in Duxbury, supra, and Nelson, supra., discipline should be imposed as to Respondent Irwin Gevurtz consisting of a one year stayed suspension, two years probation with conditions, including a 60 day actual suspension.
ADDITIONAL MITIGATING CIRCUMSTANCES
Respondent has no prior record of discipline.
STATE BAR ETHICS SCHOOL
Because Respondent has agreed to attend State Bar Ethics School as part of this stipulation, Respondent may receive Minimum Continuing Legal Education credit upon the satisfactory completion of State Bar Ethics School.
SIGNATURE OF THE PARTIES
Case Number(s): 08-C-11121
In the Matter of: Irwin Stuart Gervurtz, State Bar #134453
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: Irwin S. Gevurtz
Date: January 3, 2011
Respondent’s Counsel: David A. Clare
Date: December 29, 2010
Deputy Trial Counsel: Michael j. Glass
Date: January 4, 2011
Case Number(s): 08-C-11121
In the Matter of: Irwin Stuart Gevurtz, State Bar #: 134453
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 DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> 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.
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: Richard A. Platel
Date: January 18, 2011
[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 January 18, 2011, 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 CLARE
ATTORNEY AT LAW
444 W. OCEAN BLVD STE 800
LONG BEACH, CA 90802
<<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:
MICHAEL GLASS, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on January 18, 2011.
Signed by:
Angela Carpenter
Case Administrator
State Bar Court