Case Number(s): 11-O-15675
In the Matter of: Scott Montgomery Currey, Bar # 242320, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Erica L. M. Dennings
Office of the Chief Trial Counsel
180 Howard Street
San Francisco, CA 94105
Bar # 145755
Counsel for Respondent: James Edwards
P.O. Box 57
Meadow Vista, CA 95722
Bar # 263142
Submitted to: Settlement Judge - State Bar Court Clerk’s Office San Francisco.
Filed: February 21, 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 1, 2006.
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):
<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline (public reproval).
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.
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.
<<not>> 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.
IN THE MATTER OF: Scott Montgomery Currey, State Bar No: 242320
STATE BAR COURT CASE NUMBER: 11-O-15675
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-15675 (Complainant: Ruby Ricketts)
FACTS:
1. In or about April 2009, respondent represented Justin Flournoy (“Flournoy”) in a parole hearing. Flournoy was serving a fifteen to life sentence for attempted murder. Flournoy was denied parole for fifteen years.
2. After the parole hearing, respondent discussed with Flournoy’s mother, Barbara Flournoy, and Flournoy’s grandmother, Ruby Ricketts, the possibility of filing an appeal of Flournoy’s original conviction matter. In May 2009, respondent agreed to look in to the possibility of filing a habeas corpus petition and doing preliminary research for $1,000. Respondent, Flournoy, and Ricketts agreed that if respondent decided to take the ease, he would need $2500 up front before beginning the work, then $2500 when he was finished and the appeal was filed. Ricketts paid respondent $1,000 on May 4, 2009.
3. On November 7, 2009, respondent talked to Ricketts by telephone and told her he was working on Flournoy’s case and requested that she send $2500. Ricketts sent respondent $2500 that day.
4. Respondent mot with Flournoy at prison twice and received Flournoy’s legal files. Respondent performed some additional legal research and by April 2010 determined he would not file a habeas corpus petition on Flournoy’s behalf. Respondent took no further steps to represent Flournoy in an appeal. Respondent did not inform Flournoy, his mother, or his grandmother that he decided not to pursue an appeal on Flournoy’s behalf.
5. Respondent did not return any of the $3500 he was paid. On June 21, 2011, Ricketts obtained a small claims judgment in the amount of $2500 plus costs against respondent. Respondent has failed to pay the judgment.
CONCLUSIONS OF LAW:
1. By not pursuing the habeas corpus petition on behalf of Flournoy, Respondent intentionally, and repeatedly failed to perform legal services with competence in willful violation of Rules of Professional Conduct, rule 3-110(A).
2. By not informing Flournoy, his mother or his grandmother that he would not pursue an appeal on behalf of Flournoy, respondent failed to keep a client informed of significant developments in willful violation of section 6068(m) of the Business and Professions Code.
3. By not refunding any portion of the $3500 he was paid, Respondent failed to refund promptly any part of a fee paid in advance that has not been earned.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was January 17, 2012.
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 2.4 (b)-culpability of a member of wilfully failing to perform services in an individual matter or matters not demonstrating a pattern of misconduct or culpability or culpability of a member of wilfully failing to communicate with a client shall result in a reproval or suspension depending upon the extent of the misconduct and the degree of harm to the client.
Case Number(s): 11-O-15675
In the Matter of: Scott M. Currey, State Bar No. 242320
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: Scott M. Currey
Date: January 25, 2012
Respondent’s Counsel: James Edwards
Date: January 25, 2012
Deputy Trial Counsel: Erica L. M. Dennings
Date: February 2, 2012
Case Number(s): Scott M. Currey, State Bar No.: 242320
In the Matter of: 11-O-15675
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: Ruby Ricketts
Principal Amount: $2500
Interest Accrues From: November 7, 2009
<<not>> checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than
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): Ruby Ricketts
Minimum Payment Amount: $300
Payment Frequency: Monthly, by the first of each month, beginning 30 days after effective date of discipline
<<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.
Case Number(s): 11-O-15675
In the Matter of: Scott M. Currey, State Bar No.: 242320
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 REPROVAL IMPOSED.
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.
1. See attachment A – Financial Conditions. Respondent must make restitution consistent with the conditions set forth in Attachment A.
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: Patricia McElroy
Date: February 21, 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 February 21, 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:
JAMES M. EDWARDS
LAW OFFICES OF JAMES M. EDWARDS
PO BOX 57
MEADOW VISTA, CA 95722
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ERICA L. M. DENNINGS, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on February 21, 2012.
Signed by:
Mazie Yip
Case Administrator
State Bar Court