Case Number(s): 10-O-11339, 11-O-13520
In the Matter of: Philip Olu Falese, Bar # 22428 , A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Anthony J. Garcia, Deputy Trial Counsel, Office of the Chief Trial Counsel, 1149 South Hill Street, 10th FL., Los Angeles, CA 90015-2299, Telephone: (213) 765-1089, Bar# 171419
Counsel for Respondent: In Pro Per Respondent, Philip Olu Falese, P.O. Box 47567, Los Angeles, CA 90047, Telephone: (310) 600-8462, Bar # 222428
Submitted to: State Bar Court Clerk’s Office Los Angeles .
<<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 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 12 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: 2013, 2014. (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.
Case Number(s): 10-O-11339, 11-O-13520
In the Matter of: Philip Olu Falese
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: Benito Aguilar
Principal Amount: $14, 973.41
Interest Accrues From: June 14, 2010
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than .twenty-two (22) months after the effective date of this stipulation.
<<not>> 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)
Minimum Payment Amount
Payment Frequency
2. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
<<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.
IN THE MATTER OF: Philip Olu Falese, State Bar No. 222428
STATE BAR COURT CASE NUMBER: 10-O-11339, 11-O-13520
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. 10-O- 11339 (Complainant: Benito Aguilar)
FACTS:
1. On July 30, 2008, Annie Lee Miller hired Respondent to prepare her will, to be executor of her estate after she died, to supervise her house renovation, to settle a fence dispute with a neighbor, and to protect the beneficiary of her estate, Benito Aguilar, from possible actions by her other god-children who would be disinherited by the terms of her will. Mrs. Miller agreed to pay Respondent $30,000 for his legal work. On July 30, 2008, Mrs. Miller paid Respondent $3,000 as partial payment of his legal fee.
2. In August 2008, Respondent prepared Mrs. Miller’s will and on August 4, 2008, Mrs. Miller executed the will. Mrs. Miller’s will devised her entire estate to her godson Benito Aguilar, and disinherited her two other god-children. The main asset of Mrs. Miller’s estate was her home.
3. On September 19, 2008, Mrs. Miller died. As of that date, she had paid Respondent a total of $6,500.
4. After Mrs. Miller’s death, Respondent contacted Mr. Aguilar and demanded that he pay the remainder of the debt that Mrs. Miller owed him for his legal services. Mr. Aguilar began making payments on Mrs. Miller’s debt for legal services as requested by Respondent.
5. On November 13, 2008, Respondent filed a petition to probate Mrs. Miller’s will and was named executor of her estate.
6. Between September 19, 2008, and January 29, 2010, Respondent collected $24,104.41 in legal fees from Mr. Aquino.
7. On January 29, 2010, Respondent filed the First and Final Accounting for Mrs. Miller’s estate ("First Accounting"). In the First Accounting, Respondent failed to include himself as a creditor of Mrs. Miller’s estate and failed to list the funds that he had collected for his work on behalf of Mrs. Miller’s estate.
8. On May 12, 2010, Respondent filed the Supplement to the First and Final Account and Report of Executor ("Final Accounting"). In the Final Accounting, Respondent again failed to include himself as a creditor of Mrs. Miller’s estate and again failed to list the funds that he had collected for his work on behalf of Mrs. Miller’ s estate.
9. On June 14, 2010, the Probate Court approved Respondent’s Final Accounting. The court granted Respondent $8,300 in legal fees for his work on Mrs. Miller’s estate and allowed Respondent to recover $831 in costs.
10. Respondent collected $14,973.41 in legal fees in excess of those that were authorized by the court.
CONCLUSIONS OF LAW:
11. By not including himself as a creditor of Mrs. Miller’s estate and by failing to list the funds that he had collected for his work on behalf of Mrs. Miller’s estate in the First and in the Final accountings, Respondent sought to mislead the judge or judicial officer by an artifice or false statement of fact or law in willful violation of California Business and Professions Code section 6068(d).
12. By collecting more in legal fees than were authorized by the court, Respondent collected an illegal fee in willful violation of California Rules of Professional Conduct, rule 4-200.
Case No. 10-O- 13520 (Complainant: Anthony Crawford)
FACTS:
13. On November 21, 2010, Anthony Crawford hired Respondent to represent him in a domestic violence matter. Mr. Crawford agreed to pay Respondent an advance fee of $3,000 for 10 hours of attorney time and, in the following months, Mr. Crawford paid Respondent’s fee in full.
14. Mr. Crawford’s matter was scheduled for a preliminary hearing ("PH") on January 18, 2011. Respondent appeared at the PH but it was continued over Respondent’s objection. On February 7, 2011, the court held the rescheduled PH. Respondent represented Mr. Crawford at the PH. Upon finding probable cause that Mr. Crawford had committed the charged crimes, the court scheduled Mr. Crawford’s arraignment for February 14, 2011.
15. On February 14, 2011, Respondent’s license to practice law was suspended because he failed to pass the MPRE as he was ordered to do in State Bar case no. 06-O-14911. Respondent’s suspension effectively terminated his representation of Mr. Crawford.
16. The court appointed the Public Defender to represent Mr. Crawford at the arraignment and Mr. Crawford entered a nolo contedere plea at the arraignment.
17. Respondent never provided an accounting of the hours he worked on Mr. Crawford’s matter to Mr. Crawford.
CONCLUSION OF LAW:
18. By not providing an accounting of the hours he worked on Mr. Crawford’s case to Mr. Crawford, Respondent failed to render appropriate accounts to a client regarding all funds coming into Respondent’s possession in willful violation of Rules of Professional Conduct, rule 4-100(B)(3).
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was April 6, 2012.
AUTHORITIES SUPPORTING DISCIPLINE
Standards
Standard 2.2(b) which states that culpability of a member of a violation of rule 4-100 of the Rules of Professional Conduct that does not include misappropriation shall result in at least a three month suspension.
Standard 2.6 which states that a member’s culpability of violating Business and Professions Code, sections 6067 through 6068 and/or sections 6103 through 6105 shall result in disbarment or suspension depending on the gravity of the offense or harm to the victim with due regard to the purposes of imposing discipline set forth in standard 1.3.
Standard 2.7 which states that a member’s culpability of violating that portion of rule 4-200, Rules of Professional Conduct re entering into an agreement for, charging or collecting an unconscionable fee for legal services shall result in at least a six-month actual suspension from the practice of law, irrespective of mitigating circumstances
SIGNATURE OF THE PARTIES
Case Number(s): 10-O-11339, 11-O-13520
In the Matter of: Philip Olu Falese
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: PHILIP OLU FALESE
Date: April 13, 2012
Respondent’s Counsel:
Date:
Deputy Trial Counsel: ANTHONY J. GARCIA
Date: April 16, 2012
Case Number(s): 11-O-11339, 11-O-13520
In the Matter of: PHILIP OLU FALESE
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:
<<not>> 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.
<<not>> checked. All Hearing dates are vacated.
PAGE 6 – F(1) DELETE – “Respondent will take the MPRE before the end of 2011 as required by his prior discipline”. INSERT – “Respondent has already been ordered to take and pass the MPRE in Supreme Court Oder No. 5175892.
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: Richard A. Platel
Date: April 20, 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 Los Angeles, on April 24, 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 Los Angeles, California, addressed as follows:
PHILIP O. FALESE
LAW OFFICES OF PHILIP FALESE
PO BOX 47567
LOS ANGELES, CA 90047
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ANTHONY GARCIA, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on April 24, 2012.
Signed by:
Angela Carpenter
Case Administrator
State Bar Court