Case Number(s): 08-O-12889;08-O-13584;08-O-13821;09-O-11766;10-O-06016;10-O-09018
In the Matter of: Robert Logan, Bar # 198922 , A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Robin Brune, Deputy Trial Counsel
180 Howard Street
San Francisco, California 94105
Bar # 149481 ,
Counsel for Respondent: In Pro Per, Robert Logan
1350 Placer Street
Redding, California 96001
Bar # 198922
Submitted to: Assigned Judge – State Bar Court Clerk’s Office San Francisco .
<<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 December 10, 1998.
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 14 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: 2012, 2013, 2014. (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.
IN THE MATTER OF: Robert Logan, State Bar No. 198922
STATE BAR COURT CASE NUMBER: 08-O-12889;08-O-13584;08-O-13821;09-O-11766;10-O-06016;10-O-09018
FACTS AND CONCLUSIONS OF LAW.
1. 08-O-13821 (Shannon Smith)
Facts
Shannon hired respondent in March 2008 and paid him the sum of $1,410 for a family law matter (termination of spousal support). Her repeated requests for information on the status of her case went unheeded. She terminated respondent’s services in May 2008 and requested a refund of her fees, claiming that respondent failed to perform. The fee agreement states that the "advanced payment" "shall be credited toward fees and costs". Respondent did not account for the fees until May 26, 2009, at which time he provided the client with a reimbursement of $605 as a refund of the unearned portion of the fee.
Conclusions of Law
1. By failing to respond to the clients numerous inquiries regarding the status of her case, respondent failed to communicate, in willful violation of Business and Professions Code, section 6068(m).
2. By failing to provide an accounting and refund until May, 2009, a year after the termination, respondent failed to account for fees and failed to timely refund unearned fees, in willful violation of Rules of Professional Conduct rules 3-700(D)(2) and 4-100(B)(3).
2. 08-O-12889 (lrvine)
Facts
In the Irvine matter, this client hired respondent in August 2007 to represent him in a bankruptcy. Respondent promised to file pleadings within three days but failed to do so. This client was unable to communicate with respondent in a three month time period. He wrote respondent a letter on May 20, 2008, demanding the return of his file within seven days. He wrote again on June 10, 2008 terminating respondent’s services and again demanding a copy of his file. Respondent did give the client a refund and the file in October, 2008, a four month delay.
Conclusions of Law
1. By failing to file a bankruptcy on this client’s behalf, respondent failed to perform, in willful violation of Rules of Professional Conduct, rule 3-110(A);
2. By failing to respond to the client’s numerous inquiries, respondent failed to communicate, in willful violation of Business and Professions Code, section 6068(m);
3. By failing to refund the fee and the file for a four month period, respondent failed to promptly refund the unearned fee, and return the file, in willful violation of Rules of Professional Conduct, rules 3-700(D)(1) & (2).
3. 08-O-15384( Letton obo. Nancy Brown)
Facts
The client Nancy Brown hired respondent in 2008 for a divorce proceeding. She gave respondent an initial advanced payment of $5,000. On August 8, 2008, the respondent demanded an additional $3,800 from this client, which she paid. Respondent filed a declaration on May 15, 2008 with the court, indicating that he had received $9,000 to date. Respondent then demanded, in August, 2008, a $12,000 payment from the client, or he would not would not go to trial, which was scheduled to take place in two weeks. Respondent’s fee agreement with the client specified that an hourly rate of $250 would apply, and that respondent would bill for services, and the bill would then be due within thirty days. Respondent did not send this client any bills. Respondent’s demand of $12,000 additional or he would not go to trial did not conform to the terms of his own fee agreement. Respondent withdrew from the case on the verge of trial.
The Court intervened when the client advised the Court that it was two weeks from trial and she did not have her file from the respondent. The Court set a heating, and required respondent to appear. Respondent reports that he returned the file in or about November, 2008 pursuant to the Court’s order. The client disputes that she received a full and complete copy of her file.
The client asked for an accounting on April 23, 2008. Respondent has been unable to provide any accounting to the State Bar. A review of the file indicates that respondent scheduled depositions, but cancelled them. Respondent propounded some discovery, but it is not clear if respondent received any replies. Respondent did not seek any enforcement of the discovery with the Court. The State Bar has been unable to ascertain when and how respondent earned the $9,000 in fees on the case, because respondent has been unable to account. For the purposes of this stipulation, respondent has agreed to refund the fee.
Conclusions of Law
1. By failing to provide an accounting of his $9,000 in fees, respondent willfully violated Rules of Professional Conduct, rule 4-100(B)(3);
2. By withdrawing from the case two weeks from the date of trial, without promptly returning the client file, and for claiming fees outside the scope of his own fee agreement, and then withdrawing when the client failed to pay them, respondent failed to properly withdraw, in willful violation of Rules of Professional Conduct, rule 3-700(A)(2)&(D)(1).
3. By failing to refund $9,000 without accounting for the fee, respondent failed to refund an unearned fee, in willful violation of Rules of Professional Conduct, rule 3-700(D)(2).
4. 09-O-11766 (Leach)
Facts
In this matter the client Cyndy Coombs hired respondent to represent her in a family law matter. On February 13, 2008, opposing counsel in the case, Bonnie Baker, sent respondent a check for $3,000 pursuant to a court order for payment for attorney’s fees. Respondent kept these fees, as well as an additional amount of $750 which was also disputed. Coombs timely disputed respondent’s retention of the $3,000 and an additional amount of $750 and states that respondent assured her she would be given the $3,000 in fees so that she could reimburse her parents for the sums that they gave respondent. Respondent’s accounting of funds to the client does not indicate that he received any funds from third parties on behalf of the client, despite the court records of January 2009 which indicate a payment of $3,000 to respondent, and a letter from opposing counsel indicating payment directly to respondent in the sum of $900 (of which the client disputes respondent’s retention of $750.00) The total disputed amount is $3,750.00.
Conclusions of Law
1. By failing to account to Coombs for all payments her received on her case, respondent failed to account for funds, in violation of Rules of Professional Conduct, rule 4-100(B)(3);
2. By failing to hold the $3,750 in disputed funds in trust pending resolution of Coombs challenge to his retention of these amounts, respondent willfully violated Rules of Professional Conduct, rule 4-100(A)(2).
5. 10-O-06106 (Thai)
Facts
In this matter the client hired respondent to handle a bankruptcy and paid him $2,000 in April, 2008, yet respondent performed no work on the case. As late as August 24, 2010 when respondent met with the investigator and DTC in this matter, no bankruptcy had been filed. Respondent’s conduct amounts to an abandonment of the case. Respondent provided no services of any value to the client and a full refund is owed.
Conclusions of Law
1. By failing to file a bankruptcy on Thai’s behalf in a two year period, respondent failed to perform, in willful violation of Rules of Professional Conduct, rule 3-110(A); By failing to refund Thai $2,000 upon his abandonment of the case (termination) respondent failed to refund unearned fee, in willful violation of Rules of Professional Conduct, rule 3-700(D)(2).
6. 10-O-09018 (S.B.I.)
Facts
Respondent issued a check on July 9, 2010 in the sum of $279.80 against insufficient funds from his attorney-client trust account. Respondent did not maintain an attorney-client ledger on the check and was unable to account to the State Bar regarding the transaction.
Conclusions of Law.
By issuing a check against insufficient funds from his attorney-client trust account, and by failing to keep an attorney-client ledger of his trust account transactions, respondent failed to maintain client funds in trust and failed to maintain records of client funds, in willful violation of Rules of Professional Conduct, rule 4-100(A) &(B)(3).
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was November 22, 2010.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of November 22, 2010, the prosecution costs in this matter are $5,206.80. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
AUTHORITIES SUPPORTING DISCIPLINE.
The Standards for Attorney Sanctions for Professional Misconduct call for a three month actual suspension for any violations of Rule 4-100 of the Rules of Professional Conduct (Standard 2.2).
Case law for repeated abandonments warrant actual suspension. In Lester v. State Bar (1976) 17 Cal. 3d. 547, the attorney received six months actual suspension for failing to perform in four legal matters. He also failed to return unearned fees and misrepresented a matter. In this case, respondent has failed to refund unearned fees in two matters, abandoned two matters, and committed trust account violations.
In Sanchez v. State Bar (1976) 18 Cal.3d. 280, the attorney failed to perform in two matters, failing to supervise staff which resulted in papers signed without his consent and two matters dismissed as a result of the attorney’s malfeasance. Sanehez received three months of suspension.
ADDITIONAL CIRCUMSTANCES.
Respondent self reports that he himself was going through marital difficulties, at the time of misconduct, and the emotional strain of his own marital difficulties made it very difficult for him to respond to the emotionally volatile family law clients.
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.
FINANCIAL CONDITIONS, RESTITUTION.
See specific attachment on restitution.
Respondent admits that the aforementioned facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
Case Number(s): 08-O-12889; 08-O-13584;08-O-13821;09-O-11766;10-O-06016;
10-O-09018
In the Matter of: Robert Logan
a. Restitution
checked. 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: Hodiep Thai
Principal Amount: $2,000
Interest Accrues From: April 15, 2008
2. Payee: Nancy Brown
Principal Amount: $9,000
Interest Accrues From: May 15, 2008
3. Payee: Cyndy Coombs
Principal Amount: $3,750
Interest Accrues From: March 2, 2009
checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than ninety days prior to the conclusion of his probation.
checked. 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) Thai
Minimum Payment Amount $200
Payment Frequency: Quarterly
2. Payee/CSF (as applicable) Brown
Minimum Payment Amount $1,000
Payment Frequency: Quarterly
3. Payee/CSF (as applicable) Coombs
Minimum Payment Amount $400
Payment Frequency: Quarterly
<<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.
<<not>> 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.
<<not>> 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-12889;08-O-13584;08-O-13821;09-O-11766;10-O-06016;10-O-09018
In the Matter of: Robert Logan
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: ROBERT LOGAN
Date: December 15, 2010
Respondent’s Counsel:
Date:
Deputy Trial Counsel: ROBIN BRUNE
Date: December 28, 2010
Case Number(s): 08-O-12889;08-O-13584;08-O-13821;09-O-11766;10-O-06016;
10-O-09018
In the Matter of: Robert Logan
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.
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: Patricia McElroy
Date: January
20, 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 San Francisco, on January 20, 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 San Francisco, California, addressed as follows:
ROBERT W. LOGAN
1350 PLACER
REDDING, CA 96001
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ROBIN BRUNE, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on January 20, 2011.
Signed by:
Lauretta Cramer
Case Administrator
State Bar Court