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 Clerk’s 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 §§6086.10 & 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.
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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.
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checked. Costs are waived in part as set forth in a separate attachment
entitled "Partial Waiver of Costs".
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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)]
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(a) State Bar Court case
# of prior case 07-O-11229; 08-O-14645
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(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
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(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.
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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.
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checked. (2) No Harm: Respondent did not harm the
client or person who was the object of the misconduct.
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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.
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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.
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checked. (5) Restitution: Respondent paid $ on
in restitution to without the threat or force of disciplinary,
civil or criminal proceedings.
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checked. (6) Delay: These disciplinary proceedings were
excessively delayed. The delay is not attributable to Respondent and the
delay prejudiced him/her.
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checked. (7) Good Faith: Respondent acted in good
faith.
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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.
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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.
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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.
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checked. (12) Rehabilitation: Considerable time has passed since the acts
of professional misconduct occurred followed by convincing proof of subsequent
rehabilitation.
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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.
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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.
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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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
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following:
E. Additional Conditions of Probation:
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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.
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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.
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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:
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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.
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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.
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(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 Respondent’s 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.
Respondent’s
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 member’s 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 Respondent’s 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, Respondent’s 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 Respondent’s prior matter, the mitigating circumstances in this case, as
well as the court’s 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
Respondent’s
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:
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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., § 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