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-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 .

Filed: January 20, 2011 .

<<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 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.

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.

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. Respondent was unable to account for funds.

checked. (4) Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice. Respondent’s misconduct harmed several clients

<<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. 

checked. (7) Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct. Respondent committed misconduct in five matters

<<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.

<<not>> 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.

<<not>> 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 was cooperative in reaching a stipulation in this matter.

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.  In the Smith matter, respondent took action to remedy the misconduct prior to any State Bar involvement.

<<not>> checked. (5)    Restitution:  Respondent paid $ on in restitution to without the threat or force of disciplinary, civil or criminal proceedings.

<<not>> checked. (6)    Delay:  These disciplinary proceedings were excessively delayed.  The delay is not attributable to Respondent and the delay prejudiced him/her.

<<not>> checked. (7)    Good Faith:  Respondent acted in good faith.

<<not>> 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.

<<not>> 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.

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. See Attachment.

<<not>> 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.

<<not>> checked. (12) Rehabilitation:  Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation.

<<not>> checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances: 

D. Discipline:

checked. (1)           Stayed Suspension:

checked. (a) Respondent must be suspended from the practice of law for a period of one year.
<<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.
<<not>> checked. ii. and until Respondent pays restitution as set forth in the Financial Conditions form attached to this stipulation.
<<not>> 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 three 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 ninety 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
<<not>> checked. ii. and until Respondent pays restitution as set forth in the Financial Conditions form attached to this stipulation.
<<not>> checked. iii. and until Respondent does the following:

E. Additional Conditions of Probation:

checked. (1)                  If Respondent is actually suspended for two years or more, he/she must remain actually suspended until he/she proves to the State Bar Court his/her rehabilitation, fitness to practice, and learning and ability in the general law, pursuant to standard 1.4(c)(ii), Standards for Attorney Sanctions for Professional Misconduct.

checked. (2)                  During the probation period, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

checked. (3)                  Within ten (10) days of any change, Respondent must report to the Membership Records Office of the State Bar and to the Office of Probation of the State Bar of California ("Office of Probation"), all changes of information, including current office address and telephone number, or other address for State Bar purposes, as prescribed by section 6002.1 of the Business and Professions Code.

checked. (4)                  Within thirty (30) days from the effective date of discipline, Respondent must contact the Office of Probation and schedule a meeting with Respondent's assigned probation deputy to discuss these terms and conditions of probation. Upon the direction of the Office of Probation, Respondent must meet with the probation deputy either in-person or by telephone. During the period of probation, Respondent must promptly meet with the probation deputy as directed and upon request.

checked. (5)                  Respondent must submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of the period of probation. Under penalty of perjury, Respondent must state whether Respondent has complied with the State Bar Act, the Rules of Professional Conduct, and all conditions of probation during the preceding calendar quarter. Respondent must also state whether there are any proceedings pending against him or her in the State Bar Court and if so, the case number and current status of that proceeding. If the first report would cover less than 30 days, that report must be submitted on the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same information, is due no earlier than twenty (20) days before the last day of the period of probation and no later than the last day of probation.

<<not>> 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:

<<not>> 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.
<<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.

<<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: 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.


FINANCIAL CONDITIONS

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.

b. Installment Restitution Payments

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.

c. Client Funds Certificate

<<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.

d. Client Trust Accounting School

<<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


ACTUAL SUSPENSION ORDER

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

CERTIFICATE OF SERVICE

[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., § 1013a(4)]

 

I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and

County of San Francisco, on 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