State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

ACTUAL SUSPENSION

Case Number(s): 11-N-10030

In the Matter of: Robert A. Logan, Bar #  211496, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Elina Kreditor, Deputy Trial Counsel

1149 S. Hill Street

Los Angeles, CA 90015

213-765-1714 (W)

213-765-1319 (F)

Bar # 250641

Counsel for Respondent:  In Pro Per Respondent

Robert A. Logan

531 Main St, #104

E1 Segundo, CA 90245

424-248-8351 (T)

Bar# 211496

Submitted to: Settlement Judge

Filed: June 30, 2011 State Bar Court Clerkís 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.

A.  Parties' Acknowledgments:

1.    Respondent is a member of the State Bar of California, admitted December 1, 2000.

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 10 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 ßß6086.10 & 6140.7. (Check one option only):

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.

<<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.

B.  Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

checked. (1) Prior record of discipline [see standard 1.2(f)]

<<not>> checked. (a)          State Bar Court case # of prior case 07-O-11229; 08-O-14645
<<not>> checked. (b)          Date prior discipline effective 11/12/2010
<<not>> checked. (c)           Rules of Professional Conduct/ State Bar Act   violations: Business and Professions Code Sections 6068(a), 6125, 6126, 6068(i), 6106 and rule 3-700 (D) (2) of the Rules of Professional Conduct.
checked. (d)              Degree of prior discipline Three year suspension, stayed with conditions, including two years actual suspension
<<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.

<<not>> 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.

<<not>> checked. (4) Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice.

<<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. 

<<not>> checked. (7) Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct.

<<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. 

<<not>> 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. 

<<not>> 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. 

<<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.

<<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 three years.
<<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 two years.
<<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:

<<not>> 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.

<<not>> 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.


Not checked 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.

<<not>> 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.
<<not>> 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

checked. (5)                Other Conditions:

 

Note:  1.4(c) (ii) requirement not imposed in this matter as it has already been imposed in Respondentís disciplinary cases underlying the instant violation case numbers 07-O-11229 and 08-O-14645

ATTACHMENT TO

 STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

IN THE MATTER OF: Robert A. Logan

CASE NUMBER(S): 11-N-10030

 

FACTS AND CONCLUSIONS OF LAW.

 

A.   Facts

 

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.

 

            1.         On October 13, 2010 the California Supreme Court filed an order in its Case Number S185177 (State Bar Court Case Nos. 07-0-11229 and 08-0-14645; hereinafter the Order).

 

            2.         The Order required Respondent to comply with rule 9.20, California Rules of Court, by performing the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 days, respectively, after the effective date of the Order.

 

            3.         On October 13, 2010, the Clerk of the Supreme Court of the State of California properly served upon Respondent a copy of the Order.

 

            4.         The Order became effective on November 12, 2010.

 

            5.         Respondent was ordered to comply with subdivision (a) of rule 9.20 of the California Rules of Court, by no later than December 12, 2010.

 

            6.         Respondent was ordered to comply with subdivision (c) of rule 9.20 of the California Rules of Court, by no later than December 22, 2010.

 

            7.         Respondent did not file with the Clerk of the State Bar Court a declaration of his compliance with California Rules of Court, rule 9.20(a) and (b), by December 22, 2010. Respondent willfully violated rule 9.20(c), by failing to file proof of his compliance with California Rules of Court, rule 9.20(a) and (b), by December 22, 2010.

 

            8.         Respondent filed a declaration of his compliance with California Rules of Court, rule 9.20(a) and (b) on April 29, 2011.

 

B.    Conclusions of Law

 

                        By not filing a declaration of his compliance with rule 9.20 in conformity with the requirements of rule 9.20(c), Respondent failed to comply with the Order requiring his compliance with California Rules of Court, rule 9.20. Respondent thereby violated California Business and Professions Code section 6103.

 

PENDING PROCEEDINGS.

 

The disclosure date referred to, on page 2, paragraph A(7), was June 1, 2011.

 

MITIGATING CIRCUMSTANCES.

 

Respondentís marital difficulties and prolonged travel outside the United States contributed to his failure to timely submit the 9.20 Declaration.

 

The Respondent has shown remorse for his misconduct and cooperated in the instant proceedings. He has also shown a willingness to rectify the misconduct by filing the 9.20 Declaration, albeit not until April 29, 2011.

 

AUTHORITIES SUPPORTING DISCIPLINE.

 

A.   Standards for Attorney Sanctions For Professional Misconduct

 

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."

 

Rule 9.20(d) provides that a suspended memberís willful failure to comply with the provisions of this rule is a cause for disbarment or suspension and for revocation of any pending probation.

 

Standard 1.7(a) provides, in pertinent part that "if a member is founds culpable of professional misconduct in any proceeding in which discipline may be imposed and the member has a record of one prior imposition of discipline as define by standard 1.2(f), the degree of discipline imposed in the current proceeding shall be greater than that imposed in the prior proceeding unless the prior discipline imposed was so remote in time to the current proceeding and the offense for which it was imposed was so

minimal in severity that imposing greater discipline in the current proceeding would be manifestly unjust.

 

An aggravating factor in this proceeding is Standard 1.2(b) which provides, "circumstances which shall be considered aggravating include: (i) the existence of prior record of discipline and the nature and extent of that record."

 

B.    Case Law

 

According to the Supreme Court, the Standards are entitled to "great weight." In re Silverton (2005) 36 Cal.4th 81". While the standards are entitled to great weight, "the recommended discipline must rest upon a balanced consideration of relevant factors." Matter of Sampson (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 119. The standards need not be applied in a talismanic fashion and may be tempered with considerations peculiar to the offense and the offender. See In re Van Sickle, (Review Dept. 2006)

4 Cal. State Bar Ct. Rptr. 980.

 

In Shapiro v. State Bar (1990) 51 Cal.3d 251, the Court imposed a one year actual suspension, finding that Respondentís failure to comply with Rule 955 and timely file his Rule 955 affidavit, stemmed in part from improper advice given by a probation deputy. Respondent in Shapiro had been disciplined on one prior occasion, resulting in a one year actual suspension.

 

In the Matter of Rose (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 197, involved a Rule 955 violation matter which was consolidated with a probation revocation matter. The court recommended that Respondent be actually suspended for 9 months in the rule 955 matter, to run concurrently with a five year stayed, and two year actual, suspension in the probation revocation matter. Although the Respondent had two prior disciplinary matters, the court found it appropriate to deviate from Standard 1.7(b) in light of, among other factors, Respondentís attempts to file the rule 955 affidavit two weeks after it was due.

 

Although Standard 1.7(a) calls for actual suspension greater than the two years imposed in Respondentís prior matter, the mitigating circumstances in this case, as well as the courtís prior willingness to deviate from the Standards in similar cases, support the imposition of a two year actual suspension in this matter.

 

COSTS OF DISCIPLINARY PROCEEDINGS.

 

Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of June 1, 2011, the prosecution costs in this matter are $2325.00. 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):  11-N-10030

In the Matter of: Robert A. 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 A. Logan

Date:  6/12/11

 

Respondentís Counsel:  

Date:  

 

Deputy Trial Counsel:   Elina Kreditor

Date:  6/14/11

ACTUAL SUSPENSION ORDER

Case Number(s): 11-N-10030

In the Matter of: Robert Anthony 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:

 

<<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.

 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: Richard A. Platel

Date: 6/29/11

CERTIFICATE OF SERVICE

[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., ß 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 , 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:

 

            ROBERT A. LOGAN

            531 MAIN STREET Number 104

            EL SEGUNDO, CALIFORNIA  90245

 

checked by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

 

            ELINA KREDITOR, Enforcement, Los Angeles

                       

I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on June 30, 2011.

 

Signed by:

Laine Silber

Case Administrator

State Bar Court