Case Number(s): 10-O-06990-DFM, 11-O-11393, 11-O-12546
In the Matter of: Ameer Ali Shah, Bar # 225176, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Rosalba L. Gutierrez
Deputy Trial Counsel
State Bar of California
1149 S. Hill Street
Los Angeles, CA 90015
Bar # 270469
Counsel for Respondent: David C. Carr
530 B Street, Suite 1410
San Diego, CA 92101
(619) 696-0526
Bar # 124510
Submitted to: Settlement Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: March 13, 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 June 6, 2003.
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 9 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.
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION
A. WAIVER OF VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND
STIPULATED FACTS AND CULPABILITY:
The parties waive any variance between the Notice of Disciplinary Charges ("NDC") filed on December 6, 2011 and the facts and/or conclusions of law contained in this stipulation. Additionally, the parties waive the issuance of an amended NDC and waive the right to a formal hearing on any charges herein.
B. FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
Case No. 11-O- 12546 (Complainant: Francisca Alvarez)
1. On July 15, 2010, Francisca Alvarez ("Alvarez") employed Respondent to represent her son in a criminal case (the "Alvarez case"). Alvarez paid Respondent a total of $9,200 in legal fees.
2. In October 2010, Mrs. Alvarez and her husband went to Respondent’s office seeking information about the status of her son’s case. While at the office, Mr. Alvarez aggressively pressured a member of Respondent’s staff to provide them with the copy of the police report. Under pressure from Mr. Alvarez, Respondent’s staff member provided Alvarez with an un-redacted copy of the police report related to Alvarez case, which is precluded by section 1054.2(a)(1) of the Penal Code.
3. On January 10, 2011, Alvarez terminated Respondent’s services and requested an accounting of Respondent’s legal services. On June 1, 2011, Respondent provided a written accounting to his former counsel in this matter. Alvarez has finally received the accounting and notice of her right to arbitrate Respondent’s fees.
4. By the foregoing, Respondent did not supervise his staff member in violation of Rule of Professional Conduct 3-110(A).
5. By the foregoing, Respondent did not timely render appropriate accounts to Alvarez in violation of Rule of Professional Conduct 4-100(B)(3).
The parties respectfully request that the Court, in the interest of justice, dismiss the following alleged violations from the NDC:
Case No.: 10-0-06990, Count: One, Alleged Violation: Section 6106, Business and Professions Code;
Case No.: 10-0-06990, Count: Two, Alleged Violation: Section 6068(i), Business and Professions Code;
Case No.: 11-O-11393, Count: Three, Alleged Violation: Rule 4-100(B)(1), Rules of Professional Conduct;
Case No.: 11-O-11393, Count: Four, Alleged Violation: Rule 4-100(B)(3), Rules of Professional Conduct;
Case No.: 11-O-11393, Count: Five, Alleged Violation: Section 6068(i), Business and Professions Code;
Case No.: 11-O-12546, Count: Eight, Alleged Violation: Rule 3-700(D)(2), Failure to Refund Unearned Fees;
Case No.: 11-O-12546, Count: Nine, Alleged Violation: Section 6068(i), Business and Professions Code;
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 1.3 provides that the primary purposes of attorney discipline are, "the protection of the public, the courts and the legal profession; the maintenance of high legal professional standards by attorneys and the preservation of public confidence in the legal profession."
Standard 2.2(b) provides that culpability of a member of commingling of entrusted funds or property with personal property of the commission of another violation of rule 4-100, Rules of Professional Conduct, none of which offenses result in the willful misappropriation of entrusted funds or property shall result in at least a three month actual suspension from the practice of law, irrespective of mitigating circumstances.
Standard 2.4(b) provides that culpability of a member of willfully failing to perform services in an individual matter or matters not demonstrating a pattern of misconduct or culpability of a member of willfully failing to communicate with a client shall result in reproval or suspension depending upon the extent of the misconduct and the degree of harm to the client.
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).
Failure to account for or refund an unearned fee has resulted in discipline of a public reproval for a single violation or actual suspension up to 6 months where there are repeated violations or other misconduct. Matthew v. State Bar (1989) 49 Cal. 3d. 784. In that case, the respondent received a 60 day actual suspension for failing to account for and/or refund unearned fees in three matters and failing to perform services diligently in two matters. The respondent did not have a prior record of discipline.
Here, a public reproval is sufficient to achieve the purposes of attorney discipline in light of Respondent’s time in practice with no prior record of discipline.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was February 29, 2012.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of Chief Trial Counsel has informed Respondent that as of, February 23, 2012, the prosecution costs in this matter are approximately $3,269. 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.
SIGNATURE OF THE PARTIES
Case Number(s): 10-O-06990-DFM, 11-O-11393, 11-O-12546
In the Matter of: Ameer Ali Shah
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: Ameer Ali Shah
Date: 03-05-2012
Respondent’s Counsel: David C. Carr
Date: 03-07-2012
Deputy Trial Counsel: Rosalba L. Gutierrez
Date: 03-08-2012
REPROVAL ORDER
Case Number(s): 10-O-06990-DFM, 11-O-11393,11-O-12546
In the Matter of: Ameer Ali Shah,
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:
Judge of the State Bar Court: RICHARD A. PLATEL
Date: 03-09-2012
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 March 13, 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 , California, addressed as follows:
DAVID C. CARR
LAW OFFICE OF DAVID CAMERON CARR
530 B ST STE 1410
SAN DIEGO, CA 92101
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ROSALBA GUTIERREZ, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 13, 2012.
Signed by:
Rose Luthi
Case Administrator
State Bar Court