State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 08-O-10688 & 10-O-04883
In the Matter of: Paul Nathan Taylor Bar # 199022 a Member of
the State Bar of California, (Respondent).
Counsel for the State Bar: Jean Cha Deputy Trial Counsel
1149 S. Hill Street
Los Angeles, CA 90015
(213) 765-1000
Bar # 228137
Counsel for Respondent: In Pro Per Respondent
Paul Nathan Taylor
9595 Wilshire Blvd, 9th Fl
Beverly Hills, CA 90212
(310) 274-8523
Bar # 199022
Submitted to: Settlement Judge
Filed: April 5, 2011, 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.
A. Parties' Acknowledgments:
1.
Respondent is a member of the State Bar
of California, admitted
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 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):
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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: 2012, 2013 and 2014. (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.
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checked. Costs are waived in part as set forth in a separate attachment
entitled "Partial Waiver of Costs".
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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.
<<not>> checked. (1) Prior record of discipline [see standard
1.2(f)]
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(a) State Bar Court case
# of prior case
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(b) Date prior discipline
effective
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(c) Rules of
Professional Conduct/ State Bar Act violations:
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Degree of prior discipline
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(e) If Respondent has two
or more incidents of prior discipline, use space provided below.
<<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.
checked. (4) Harm: Respondent's misconduct harmed significantly a
client, the public or the administration of justice. Respondent’s misconduct
deprived Subosinghe of his settlement funds.
<<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.
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. Respondent has agreed to discipline
without requiring a hearing. (Std. ].2(e)(v); Silva-Vidor v. State Bar (] 989)
49 Cal.3d 1071, 1079; Pineda v. State Bar (1989) 49 Cal.3d 753, 760.)
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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. On
February 17, 2009, Respondent slipped and fell on the stairs of his home while
carrying his newborn son and in order to protect his son fell flat on his back
on the steps injuring his spine and ribs and was treated for a severe tear of
cartilage between his and spine. Due to this injury and accompanying pain,
Respondent did not appear at the February 20, 2009 arraignment in the Ramos
matter. Respondent acknowledges that he should have informed the court of his
injury and regrets the harm that was caused to Ramos. In February 2010,
Respondent was diagnosed with a mitral valve prolapsed (left chamber of the heart
does not close properly) and atria fibrillation (which can cause stroke) and
was checked into his hospital
Actual Suspension
intensive care unit. After receiving treatment, Respondent’s medical conditions
related to his heart are under surveillance and under control.
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. In early 2008, Respondent lost 80% of
his practice’s work when a corporate client’s business failed and the value of
their stock crashed. Respondent had invested his retirement in that company’s
stock. Respondent tried to expand his law practice but due to the economic
downturn was forced to relocate to Nevada which has a much lower cost of living
(by approximately 36% according to salary.cam). In February 2009, Respondent
suffered a soft tissue spinal and rib injury that has diminished his ability to
work and contributed to his financial strife. March 4, 2011, Respondent had
successful corrective back surgery. Due to Respondent’s financial situation, he
has not been able to make restitution.
<<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. During the time of the misconduct, Respondents
wife was suffering from severe debilitating health issues that required many
hours of supervision and at lest two emergency room visits which distracted
Respondent from his responsibilities and caused great distress in their
personal lives from mid-2006 through early 2010. Those factors have since been
reconciled once the Respondent, his wife and their son moved to be closer to
his wife’s mother in Nevada at the end of 2008 and Respondent’s wife’s illness
is now under control. (Std. 1.2(e)(viii).) In the Summer of 2009, respondents
father was diagnosed with stage 4 cancer and was given 3 months to live. Due to
the stressors in Respondent’s personal life, Respondent was distracted by
factors that contributed to the misconduct. (Std. 1.2(e)(iv).) Due to the
relocation, Respondent commuted to Los Angeles for most of 2009 and 2010 to
work an average of three days out of the week at his law office and to spend
time with and assist his ailing father. However, chemotherapy with holistic
methods were successful and the cancer is in remission from late 2010. These
compounded circumstances caused extreme emotional stress and financial
difficulty and contributed to Respondents inability to repay Subosinghe.
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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. Respondent has provided
character references from a cross-section of members in the legal and general
community. These references attest to his character, truthfulness, integrity,
skill and dedication as a lawyer and honesty even with the knowledge of the
misconduct and belief that the conduct was aberrational and will not recur.
(Std. ].2(e)(vi).)
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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.
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checked. (13) No mitigating circumstances are involved. Additional mitigating
circumstances: Respondent has done a sizeable amount of pro bona and charitable
work in the community. For eight years, despite his financial stress, he has
provided clients with discounted legal services and has represented clients in
40 pro bona matters to conclusion. Evidence of pro bona work and community
service is a factor in mitigation. (Std. 1.2(e) (vii); Rose v. State Bar (1989)
49 Cal.3d 646, 667; In the Matter of Spaith (Review Dept. 1996) 3 CaI State Bar
Ct. Rptr. 511,521 .) In 2006, Respondent spent long hours caring for and
tending to the needs of his ill wife and inadequately supervised his staff
person in cataloging disbursements. Respondent learned of the CTA dip in 2008.
Respondent failed to take steps to ensure that Subasinghe received his
disbursement. By the time the
Actual Suspension
missing funds were brought to Respondent’s attention, he lacked the funds to
replenish the account and make restitution to Subasinghe. Respondent’s delay in
payment was not intentional and Respondent has no lines of credit and has not
been able to qualify for a loan with a lending institution. Respondent is
contrite and regrets being unable to make restitution sooner, due to his dire
financial straits. The violation related to Respondent’s client trust account
did not arise from corruption or venality on Respondent’s part. Inadequate
tracking of disbursements began in July 2006 when Respondent’s wife’s illness
peaked. (Cf. Lawlorn v. State Bar (1987) 43 Cal.3d 1357, 1368.) Since January
2008, Respondent has in, corrective measures in his office to avoid a
recurrence of CTA problems. (Bradpiece v. State Bar (1974) 10 Cal.3d 742,
747-748.) Respondent has implemented a monthly reconciliation system that
includes reconciling individual client matters and maintaining ledgers in each
client file. (In the Matter of Taggart (Review Dept. 2001} 4 Cal. State Bar Ct.
Rptr. 302, 312.)
D.
Discipline:
checked.
(1) Stayed
Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of .
<<not>>
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: .
checked.
(b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent must be placed on probation
for a period of two 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 90 days.
<<not>>
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:
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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.
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checked. (10) The following
conditions are attached hereto and incorporated:
<<not>> checked. Substance
Abuse Conditions.
<<not>> checked. Law Office
Management Conditions.
<<not>> checked. Medical
Conditions.
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.
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(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.
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(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:
checked.
(5)
Other Conditions: In the event that Respondent passes an MPRE after the date of
the parties’ execution of this stipulation and before the effective date of the
discipline in these matters, Respondent will not be obligated to take the MPRE
again, to be in compliance with Item F. (1) if he provides proof of passage of
the MPRE to the Office of probation within 6 months of the effective date of
the discipline.
ATTACHMENT
TO
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION
IN THE MATTER OF: PAUL NATHAN TAYLOR, 199022
CASE NUMBERS: 08-0-10688 & 10-O-04883
Respondent admits the facts set forth in the stipulation
are true and that he is culpable of violations of the specified statutes and
Rules of Professional Conduct.
08-0-10688 - Subasinghe Matter
FACTS
1. In August 2005, Prasanna Subasinghe
("Subasinghe") employed Respondent on a 33-I/3 percent contingency
fee basis to represent him in personal injury claims arising from an automobile
accident on August 22, 2005.
2. In July 2006, Respondent settled Subasinghe’s claims
with Progressive Insurance ("Progressive") for $6,250.
3. On July 26, 2006, Respondent deposited a $6,250
settlement draft issued by Progressive on July 20, 2006 into his client trust
account at Citibank, account number
xxxxxx8952 (the "CTA")1, bringing the balance in
the CTA to $6,250.01.
4. From the $6,250 settlement, Respondent was entitled to
$2,083.33 (or 33-1/3 percent of $6,250) as his fee. Subasinghe was entitled to
the balance of $4,166.67 from the settlement funds.
5. On October 26, 2006, and without disbursing any of the
$4,166.67 due to Subasinghe, the balance in the CTA fell to $144.34, or
$4,022.33 below the $4,166.67 that should have remained in the CTA on behalf of
Subasinghe.
CONCLUSION OF LAW
6. By failing to adequately supervise a staff person and
his client trust account and failing to maintain $4,166.67 in the CTA on behalf
of Subasinghe between August 24, and The full account number is omitted
for privacy purposes.
Actual Suspension
October 26, 2006, Respondent was grossly negligent in
failing to maintain the balance of funds received for the benefit of a client
and deposited in a bank account labeled "Trust Account,"
"Client’s Funds Account" or words of similar import, in wilful violation
of Rules of Professional Conduct, rule 4-100(A).
10-O-04883 - Soto Matter
FACTS
7. In December 2009, Reye Soto ("Soto") employed
Respondent to file an amended cross-complaint by January 19, 2010 on behalf of
Soto and Soto’s company, Westlake Pool and Landscape ("Westlake"), in
an action pending in the Ventura County Superior Court and entitled, Charles
Burtzloff v. Westlake Pool and Landscape, et al., case number
56-200900337584-CU-BC-SIM (the "Burtzloff action"). Soto and Westlake
were represented in the Burtzloff action by the law firm of Ramey & De
Blanc.
8. Respondent did not file the first amended
cross-complaint in the Burtzloff action by
January 19, 2010.
CONCLUSION OF LAW
9. By failing to file the amended cross-complaint in the Burtzloff
action by January 19, 2010, Respondent failed to perform legal services
with competence, in wilful violation of Rules of Professional Conduct, rule
3-110(A).
AUTHORITIES.
The purpose of State Bar disciplinary proceedings is not to
punish the attorney, but to protect the public, to preserve public confidence
in the profession, and to maintain the highest possible professional standards
for attorneys. (Chadwick v. State Bar (1989) 49 Cal.3d 103, 111; Cooper v.
State Bar 0987)43 Cal.3d 1016, 1025; Std. 1.3.)
Standard 2.2(b) provides that a violation of rule 4-100
shall result in at least a three-month suspension, irrespective of mitigation
circumstances. The standards are guidelines (Drociak v. State Bar (1991) 52
Cal.3d 1085, 1090; In the Matter of Koehler (Review Dept. 1991) 1 Cal. State
Bar Ct. Rptr. 615,628) and afforded great weight (In re Silverton (2005) 36
Cal.4th 81, 9192), but they are not applied in a talismanic fashion (In the
Matter of Van Sickle (Review Dept. 2006) 4 Cal. State Bar Ct. Rptr. 980, 994).
In the Matter of McKiernan (Review Dept. 1995) 3 Cal. State Bar Ct. Rptr. 420,
an attorney was actually suspended for 90 days for misconduct in a single
matter which involved his commingling and prolonged inattention and failure to
supervise the account over an 18-year period and gross neglect of his CTA and
his issuance of two checks when he knew that there were insufficient funds to
cover them. In the Matter of Silver (Review Dept. 1998) 3 Cal State Bar Ct.
Rptr. 902, an attorney was actually suspended for 90 days for three counts of
misconduct involving failing to maintain $4,800 in his CTA constituting moral
turpitude when he was grossly negligent in handling his CTA for four years. In
aggravation the court found harm to the client and in mitigation he had no
prior discipline, was cooperative, and had good moral character.
Here, a great deal of mitigation surrounds the misconduct
and actual suspension of 90 days is sufficient to protect the public.
DISMISSALS.
The following counts were dismissed in the interest of
justice.
Case No. 08-O-10688:
Count One, Rule 4-100(B)(1), Rules of Professional Conduct
Count Three, Section 6106, Business and Professions Code
Count Four, Section 6068(m), Business and Professions Code
Count Five, Rule 4-100(B)(3), Rules of Professional Conduct
Count Six, Rule 4-100(B)(4), Rules of Professional Conduct
Count Seven, Section 6068(i), Business and Professions Code
Case No. 09-0-15309
Count Eight, Section 6068(m), Business and Professions Code
Count Nine, Section 6068(m), Business and Professions Code
Count Ten, Rule 3-110(A), Rules of Professional Conduct
Count Eleven, Rule 3-700(D)(2), Rules of Professional
Conduct
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph
A.(7), was March 9, 2011.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that he was informed that as of
March 9, 2011, the estimated prosecution costs in this matter are approximately
$4,892.00. Respondent acknowledges that this figure is an estimate only and
that it might not include State Bar Court costs (see Bus. & Prof. Code
section 6068.10(c)) or taxable costs (see C.C.P. section 1033.5(a)), which will
be included in any final cost assessment. Respondent further acknowledges that
if this stipulation is rejected or if relief from the stipulation is granted,
the costs may increase due to further proceedings. Note that if Respondent
fails to pay any installment of disciplinary costs within the time provided
herein or as may be modified by the State Bar Court pursuant to section
6086.10, subdivision(e), the remaining balance of the costs is due and payable
immediately unless relief has been granted under the Rules of Procedure of the
State Bar of California (Rules Proc. of State Bar, rule 5.130 (old rule 286)).
Payment of costs is enforceable as provided in Business and Professions Code
section 6140.7 and as a money judgment.
ETHICS SCHOOL & CLIENT TRUST ACCOUNTING SCHOOL.
Because Respondent has agreed to attend State Bar of
California Ethics School and Client Trust Accounting School as part of this
stipulation, Respondent will receive Minimum Continuing Legal Education credit
upon the satisfactory completion of these courses.
FINANCIAL
CONDITIONS
Case Number(s): 08-O-10688
In the Matter of: Paul Nathan Taylor
a.
Restitution
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Respondent must pay restitution (including the principal amount, plus interest
of 10% per annum) to the payee(s) listed below. If the Client Security Fund
(“CSF”) has reimbursed one or more of the payee(s) for all or any portion of
the principal amount(s) listed below, Respondent must also pay restitution to
CSF in the amount(s) paid, plus applicable interest and costs.
1.
Payee: Prasanna Subasinghe
Principal Amount: $4,1667.67
Interest Accrues From: July 26, 2006
2.
Payee:
Principal Amount:
Interest Accrues From:
3.
Payee:
Principal Amount:
Interest Accrues From:
4.
Payee:
Principal Amount:
Interest Accrues From:
<<not>> checked.
Respondent must pay above-referenced restitution and provide satisfactory proof
of payment to the Office of Probation not later than.
b. Installment Restitution Payments
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Respondent must pay the above-referenced restitution on the payment schedule
set forth below. Respondent must provide satisfactory proof of payment to the
Office of Probation with each quarterly probation report, or as otherwise
directed by the Office of Probation. No later than 30 days prior to the
expiration of the period of probation (or period of reproval), Respondent must
make any necessary final payment(s) in order to complete the payment of
restitution, including interest, in full.
1.
Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
2.
Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3.
Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4.
Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
<<not>> checked. 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.
c. Client Funds Certificate
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checked.
1.
If Respondent possesses
client funds at any time during the period covered by a required quarterly
report, Respondent must file with each required report a certificate from
Respondent and/or a certified public accountant or other financial professional
approved by the Office of Probation, certifying that:
a.
Respondent has maintained
a bank account in a bank authorized to do business in the State of California,
at a branch located within the State of California, and that such account is
designated as a “Trust Account” or “Clients’ Funds Account”;
b.
Respondent has kept and
maintained the following:
i. A written ledger for each client on whose behalf funds
are held that sets forth:
1.
the name of such client;
2.
the date, amount and
source of all funds received on behalf of such client;
3.
the date, amount, payee
and purpose of each disbursement made on behalf of such client; and,
4.
the current balance for
such client.
ii. a written journal for each client trust fund account that
sets forth:
1.
the name of such account;
2.
the date, amount and
client affected by each debit and credit; and,
3.
the current balance in
such account.
iii. all bank statements and cancelled checks for each client
trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and
(iii), above, and if there are any differences between the monthly total
balances reflected in (i), (ii), and (iii), above, the reasons for the
differences.
c.
Respondent has maintained
a written journal of securities or other properties held for clients that
specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is
held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property;
and,
v. the person to whom the security or property was
distributed.
2.
If Respondent does not
possess any client funds, property or securities during the entire period
covered by a report, Respondent must so state under penalty of perjury in the
report filed with the Office of Probation for that reporting period. In this
circumstance, Respondent need not file the accountant’s certificate described
above.
3. The requirements of this condition are in addition to
those set forth in rule 4-100, Rules of Professional Conduct.
d. Client Trust Accounting School
checked. Within one (1) year of the effective
date of the discipline herein, Respondent must supply to the Office of
Probation satisfactory proof of attendance at a session of the Ethics School
Client Trust Accounting School, within the same period of time, and passage of
the test given at the end of that session.
SIGNATURE
OF THE PARTIES
Case Number(s): 08-O-10688
In the Matter of: Paul Nathan Taylor
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:
Paul Nathan Taylor
Date: March
22, 2011
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Jean Cha
Date: March
23, 2011
ACTUAL
SUSPENSION ORDER
Case Number(s): 08-O-10688
In the Matter of: Paul Nathan Taylor
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 5.58 (E) & (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 9.18(a), California
Rules of Court.)
Signed by:
Judge of the
State Bar Court: (illegible) Scott
Date: April 3,
2011
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 Los Angeles, on April 5, 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:
PAUL N. TAYLOR
9595 WILSHIRE BLVD 9TH FL
BEVERLY HILLS, CA 90212
PAUL NATHAN TAYLOR
4533 HEAVENLY LOVE WAY
LAS VEGAS, NV 89147
checked. by interoffice mail through a
facility regularly maintained by the State Bar of California addressed as
follows:
Jean Hee Cha, Enforcement, Los Angeles
I hereby
certify that the foregoing is true and correct. Executed in Los Angeles,
California, on April 5, 2011.
Signed by:
Johnnie Lee
Smith
Case
Administrator
State Bar
Court