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-12542
In the Matter of: Steve S. Kwon, Bar # 222338, A Member of
the State Bar of California, (Respondent).
Counsel For The State Bar: Jayne Kim, Bar # 174614,
Counsel for Respondent: In Pro Per, Bar #
Submitted to: Assigned Judge – State Bar Court Clerk’s
Office Los Angeles.
Filed: October 27, 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
3, 2002
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. 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: next three
billing cycles. (Hardship, special circumstances or other good cause per rule
5.132, Rules of Procedure.)
<<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.
<<not>> checked. (1) Prior record of discipline [see
standard 1.2(f)]
<<not>> checked. (a) State
Bar Court case # of prior case .
<<not>> checked. (b) Date
prior discipline effective .
<<not>> checked. (c) Rules
of Professional Conduct/ State Bar Act violations:
<<not>> checked. (d) Degree
of prior discipline
<<not>> checked. (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.
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(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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(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 cooperated
with the State Bar by way of this stipulation. Respondent also admitted his
misconduct to the victim in this case.
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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.
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checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances: Respondent has no prior record of
discipline over approximately six years of practice.
D.
Discipline:
checked. (1) Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of TWO
YEARS.
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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(b) The above-referenced suspension is stayed.
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(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 30 days.
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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: .
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.
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(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: .
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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.
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 321(a)(1)
& (c), Rules of Procedure.
<<not>> checked. No MPRE recommended. Reason: .
<<not>> 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):.
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION
IN THE MATTER OF: Steve S.
Kwon, State Bar No. 222338
STATE BAR COURT CASE NUMBER:
08-O-12542
1. On or
about August 31, 2006, Jung O. Kim ("Kim") employed Respondent to
obtain an extension of Kim’s E-2 treaty investor visa status and to file
necessary applications for Kim, Kim’s wife and Kim’s two children. At or about
that time, Kim paid Respondent $2,000 in advanced legal fees.
2. At all
times, Respondent knew that Kim’s E-2 via status was scheduled to expire on or
about November 14, 2006.
3. Thereafter,
from in or about November 2006 through early 2008, Kim spoke to Respondent
numerous times and inquired about the applications. During this time period,
Respondent repeatedly told Kim that the applications had been filed and were
pending.
4. In or
about April 2008, Kim called Respondent’s law office to schedule an in-person
meeting about the applications. Kim left Respondent a message requesting the
meeting but Respondent did not respond.
5. That same
month, in or about April 2008, Kim called Respondent’s law office several more
times - each time leaving a message for Respondent to schedule an in-person
meeting. Respondent did not respond to Kim’s calls.
6. On or
about April 23, 2008, Kim made an unannounced visit to Respondent’s law office
and asked to speak to Respondent. At that time, Respondent was unavailable.
7. On or
about April 24, 2008, Respondent agreed to meet with Kim. That same day,
Respondent admitted that he had not filed the applications. Respondent
apologized to Kim for misleading him about the applications and refunded the
aforementioned $2,000.
8. At all
relevant times, Respondent knew he had not filed the applications for Kim and
Kim’s family.
9. At all
relevant times, Respondent knowingly misrepresented to Kim that the
applications had been filed and were pending.
10. By
failing to file applications for Kim, Kim’s wife and Kim’s children, and
failing to respond to Kim’s telephone calls, Respondent intentionally,
recklessly, or repeatedly failed to perform legal services with competence.
11. By
knowingly making misrepresentations to Kim, Respondent committed acts involving
moral turpitude, dishonesty or corruption.
SUPPORTING
AUTHORITIES:
The
stipulated discipline is within the acceptable range provided by the Standards
for Attorney Sanctions for Professional Misconduct and applicable case law.
Standard 2.3
states that offenses involving moral turpitude "shall result in actual
suspension or disbarment depending upon the extent to which the victim of the
misconduct is harmed or mislead and depending upon the magnitude of the act of
misconduct and the degree to which it relates to the member’s acts within the
practice of law."
In Wren v.
State Bar (1983) 34 Cal.3d 81, 83, the Supreme Court imposed 45 days actual suspension
where an attorney - in a single client matter - failed to perform, failed to
communicate and misrepresented the status of the matter by giving the client a
trial date when the action had not been filed.
Although
Respondent’s misconduct is similar to that found in Wren, here Respondent made
admissions of wrongdoing to his client and stipulated with the State Bar to
facts, conclusions of law and disposition.
PENDING
PROCEEDINGS:
The
disclosure date referred to, on page one, paragraph A.(7) was September 15,
2008.
COSTS:
Respondent
acknowledges that the Office of Chief Trial Counsel has informed Respondent
that as of September 15, 2008, the estimated prosecution costs in this matter
are approximately $1,983.00. Respondent acknowledges that this figure is an
estimate only. 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.
If Respondent
fails to pay any installment within the time provided herein or as may be
modified by the State Bar Court pursuant to section 6068.10, subdivision (c),
the remaining balance of the costs is due and payable immediately and
enforceable both as provided in Business and Professions Code section 6140.7
and as a money judgment unless relief has been granted under the Rules of
Procedure of the State Bar of California. (Rules Proc. of State Bar, rule 286.)
LAW OFFICE MANAGEMENT CONDITIONS
Case Number(s): 08-O-12542
In the Matter of: Steve S. Kwon
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checked. a. Within days/ months/ years of the effective date of the
discipline herein, Respondent must develop a law office management/organization
plan, which must be approved by the Office of Probation. This plan must include
procedures to (1) send periodic reports to clients; (2) document telephone
messages received and sent; (3) maintain files; (4) meet deadlines; (5)
withdraw as attorney, whether of record or not, when clients cannot be
contacted or located; (6) train and supervise support personnel; and (7)
address any subject area or deficiency that caused or contributed to
Respondent’s misconduct in the current proceeding.
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checked. b. Within days/ SIX months/ years of the effective date of the
discipline herein, Respondent must submit to the Office of Probation
satisfactory evidence of completion of no less than SIX hours of Minimum
Continuing Legal Education (MCLE) approved courses in law office management,
attorney client relations and/or general legal ethics. This requirement is
separate from any MCLE requirement, and Respondent will not receive MCLE credit
for attending these courses (Rule 3201, Rules of Procedure of the State Bar.)
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checked. c. Within 30
days of the effective date of the discipline, Respondent must join the Law
Practice Management and Technology Section of the State Bar of California and
pay the dues and costs of enrollment for year(s). Respondent must
furnish satisfactory evidence of membership in the section to the Office of Probation
of the State Bar of California in the first report required.
Other:
SIGNATURE OF THE PARTIES
Case Number(s): 08-O-12542
In the Matter of: Steve S. Kwon
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:
Steve S. Kwon
Date: October
28, 2008
Respondent’s
Counsel: N/A
Date:
Assistant
Chief Trial Counsel: Jayne Kim
Date: October
22, 2008
ACTUAL SUSPENSION ORDER
Case Number(s): 08-O-12542
In the Matter of: Steve S. Kwon
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.
The Disclosure
Date specified on page 8 is modified from September 15, 2008 to October 20,
2008. If there is any new proceedings or investigation since September 15, 2008
the State Bar must disclose that fact to respondent in writing prior to
November 5, 2008.
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: Donald F. Miles
Date: October
27, 2008
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 October 27, 2008, I
deposited a true copy of the following document(s):
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING ACTUAL
SUSPENSION
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:
STEVE S. KWON
17700 CASTLETON STE 288
CITY OF INDUSTRY, CA 91748
checked. by interoffice mail through a
facility regularly maintained by the State Bar of California addressed as
follows:
JAYNE KIM, Enforcement, Los Angeles
I hereby
certify that the foregoing is true and correct. Executed in Los Angeles,
California, on October 27, 2008.
Signed by:
Tammy Cleaver
Case
Administrator
State Bar
Court