Case Number(s): 09-O- 11708
In the Matter of: Andrew E. Bakos, Bar # 151250, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Susan I. Kagan, Bar # 214209, Deputy Trial Counsel, The State Bar of California, 180 Howard Street, San Francisco, CA 94105, 415-538-2037
Counsel for Respondent: Steven A. Lewis, Bar # 63488, Lewis & Bacon, 1050 Fulton Ave #125, Sacramento, CA 95825, (916) 485-5005
Submitted to: Assigned Judge, State Court Clerk’s Office San Francisco
Filed: January 4, 2012
<<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 11, 1990
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 8 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):
checked. Costs are added to membership fee for calendar year following effective date of discipline (public reproval).
<<not>> checked. Case ineligible for costs (private reproval).
<<not>> checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
9. The parties understand that:
<<not>> checked. (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
Attachment language (if any):
(Effective
January 1, 2011)
IN THE MATTER OF: Andrew E. Bakos State Bar No. 151250
STATE BAR COURT CASE NUMBER: 09-0-11708
FACTS AND CONCLUSIONS OF LAW
Case No. 09-O-11708
Facts
1. Prior to May 17, 2006, respondent was hired by Ali Fallahi ("Fallahi") to represent Fallahi in a civil matter against Cyrus and Cathy Mesbah ("civil matter"). Respondent later withdrew from employment on behalf of Fallahi in the civil matter.
2. On May 17, 2006, Fallahi re-hired respondent to represent him in the civil matter. On May 17, 2006, Fallahi and respondent entered into a written fee agreement wherein Fallahi agreed to pay respondent as follows: "A fiat rate payment of $5,000.00 for trial scheduled in this matter on May 18, 2006, payable after case settles from proceeds, along with the balance of $10,973.94, for past services, payable after case settles from same proceeds for a total of $15,973.94."
3. The $15,947.94 represented a lien on Fallahi’s recovery. At no time prior to acquiring the lien did respondent advise Fallahi in writing that he may seek the advice of an independent lawyer of his choice or give Fallahi a reasonable opportunity to seek the advice of an independent lawyer.
Conclusions of Law
By asserting a lien on Fallahi’s recovery without advising Fallahi in writing that he may seek the advice of an independent lawyer of his choice and giving Fallahi the opportunity to seek an independent lawyer, respondent knowingly acquired an ownership, possessory, security, or other pecuniary interest adverse to Fallahi in willful violation of rule rule 3-300 of the Rules of Professional Conduct.
PENDING PROCEEDINGS
The disclosure date referred to, on page 2, paragraph A(7), was December 19, 2011.
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.
COSTS OF DISCIPLINARY PROCEEDINGS
Respondent acknowledges that the State Bar has informed respondent that as of December 19, 2011, the estimated prosecution costs in this matter are approximately $2,797.00. Respondent acknowledges that this figure is an estimate only and that it does not include State Bar Court costs which will be included in any final cost assessment. 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.
(Effective January, 2011)
AGGRAVATING CIRCUMSTANCES
There are no aggravating circumstances.
MITIGATING CIRCUMSTANCES
Standard 1.2(e)(i). Respondent has been practicing law since 1990, and has no prior record of discipline.
Standard 1.2(e)(v). Respondent displayed spontaneous candor and cooperation to the State Bar during the disciplinary proceedings.
Standard 1.2(e)(vii). Respondent displayed remorse and recognition of wrongdoing for his misconduct.
Standard 1.2(e)(iv). Respondent suffered from extreme difficulties in his personal life which expert testimony would establish were directly responsible for the misconduct and have since been resolved.
During the time of the misconduct, respondent was in the midst of a contentious break-up. Respondent has since resolved these issues.
Standard 1.2(e)(vi). Respondent has demonstrated good character.
SUPPORTING AUTHORITY
Standard 2.8 requires suspension for the willful violation of rule 3-300, unless the extent of the member’s misconduct and the harm to the client are minimal, in which case, the degree of discipline shall be reproval. Based on the of the extensive mitigation in this matter and lack of aggravating circumstances, a public approval is appropriate.
(Effective January 1,2011)
Case Number(s): 09-0-11708
In the Matter of: Andrew E. Bakos
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: Andrew E. Bakos, Steven A, Lewis, Susan I. Kagan
Respondent: Andrew E. Bakos
Date: 12/19/2011
Respondent’s Counsel: Steven A, Lewis
Date: 12/19/2011
Deputy Trial Counsel: Susan I. Kagan
Date:
12/19/2011
Case Number(s): 09-0-11708
In the Matter of: Andrew E. Bakos
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 REPROVAL IMPOSED.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.
<<not>> checked. All court dates in the Hearing Department 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.) Otherwise the stipulation shall be effective 15 days after service of this order.
Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.
Signed by: Pat McElroy
Judge of the State Bar Court: Pat McElroy
Date:
January 3, 2012
[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 4, 2012, 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:
STEVEN ALLAN LEWIS
LEWIS & BACON
1050 FULTON AVE #125
SACRAMENTO, CA 95825
<<not>> checked. by certified mail, No., with return receipt requested, through the United States Postal Service at, California, addressed as follows:
<<not>> checked. by overnight mail at, California, addressed as follows:
<<not>> checked. by fax transmission, at fax number. No error was reported by the fax machine that I used.
<<not>> checked. By personal service by leaving the documents in a sealed envelope or package clearly labeled to identify the attorney being served with a receptionist or a person having charge of the attorney’s office, addressed as follows:
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Susan Kagan, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on January 4, 2012
Signed by: George Hue
State Bar Court