State Bar Court of California

Hearing Department

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

ACTUAL SUSPENSION

Case Number(s): 13-O-10689

In the Matter of: BARBARA EDELSTEIN IRVING, Bar # 108412, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Kelsey J. Blevings, Bar # 271271 ,

Counsel for Respondent: Barbara Edelstein Irving, Bar #108412,

Submitted to: Settlement Judge.

Filed: November 22, 2013.

<<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 June 3, 1983.

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: three billing cycles following the effective date of the Supreme Court order.  (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.

<<not>> checked. (1) Prior record of discipline [see standard 1.2(f)]

<<not>> checked. (a)    State Bar Court case # of prior case .
<<not>> checked. (b)    Date prior discipline effective .
<<not>> checked. (c)    Rules of Professional Conduct/ State Bar Act violations:
<<not>> checked. (d)    Degree of prior discipline  
<<not>> checked. (e)    If Respondent has two or more incidents of prior discipline, use space provided below. .

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. (See attachment, p. 9.)

<<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.

checked. (4) Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice.  (See attachment, p. 9.)

<<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.

<<not>> 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: No Prior Discipline: (See attachment, p. 10.)

Pro Bono Service: (See attachment, p. 10.)

Prefiling Stipulation: (See attachment, p. 10.)

D. Discipline:

checked. (1)           Stayed Suspension:

checked. (a) Respondent must be suspended from the practice of law 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: .
checked. (b) The above-referenced suspension is stayed.

checked. (2) Probation:  Respondent must be placed on probation for a period of two 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 90 days.
<<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.

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: .

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: .

<<not>> checked. (5)   Other Conditions: .

Attachment language (if any):.

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

IN THE MATTER OF: BARBARA EDELSTEIN IRVING, State Bar No. 108412

STATE BAR COURT CASE NUMBER: 13-O-10689

FACTS AND CONCLUSIONS OF LAW.

Respondent admits that the following facts are true and that she is culpable of violations of the specified statutes.

Case No. 13-O-10689 (State Bar Investigation)

FACTS:

1. In June 2012, a client ("Client no. 1") employed Respondent to represent him and his family business in a breach of contract case.

2. Client no. 1’s spouse ("Client no. 2"), was a potential witness in the breach of contract case.

3. Respondent represented Client no. 2 in a separate case unrelated to the breach of contract case.

4. On November 29, 2012, Respondent caused to be filed a motion to withdraw as attorney of record for Client no. 1 and his family business in the breach of contract case. Respondent attached to the motion her own four-page declaration in support of the motion.

5. Respondents’ declaration began:

In order to avail the clients of their privilege of "confidentiality" I will focus this declaration on the problems from my end of the case, as an attorney who has been trying to be both helpful and ethical.

6. Respondent’s declaration contained confidential communications between Respondent and Client no. 1 and Client no. 2. For example, Respondent stated:

Since the time I began doing legal work for them, in July 2012, wife [Client no. 2] has objected to, or ignored, many of my requests from them to provide information, documents, copies of various materials and records, usually ignoring such requests or telling husband to inform me that she does not want to provide materials in response to my requests.

7. Respondent’s declaration contained information that was potentially detrimental to the interests of Client no. 1 in the breach of contract case. For example, Respondent stated:

Towards the second week in November, 2012, [Client no. 1 and Client no. 2] first raised a new area of information which led me to what should have been the most important or second most important factor in this case .... [¶]...I have hesitated to inquire as to why they delayed in providing me with this information, lest they do an about-face and deny ever having given me this late bit of information.

8. Respondent’s declaration contained information that was potentially detrimental to the interests of Client no. 1 and Client no. 2 in other cases in which Respondent represented Client no. 1 and Client no. 2. For example, Respondent stated:

A few weeks later, wife [Client no. 2] denied that she had contacted the other attorney without informing me beforehand, swearing up and down that she had told me of her intentions BEFORE contacting this other attorney. At this point, I would not be comfortable calling wife as a witness in the case with [Plaintiffs], or in any other case for that matter.

(Emphasis in original.)

9. Respondent’s declaration contained personal observations regarding problems with one or more of her client’s actual or potential witnesses in the breach of contact case. For example, Respondent stated:

Most recently (last week) I stated that I needed to speak with the several outside witnesses we had previously identified as being essential to this case. Wife told husband to inform me that she did not want me to speak with the witnesses because any of them "might repeat anything I said to them (witnesses) to the plaintiffs in this case." This seems to apply to two of the witnesses I would need to call. The third witness identified, a person in their mid to late 40’s, seems to have serious problems with memory and recall; giving me totally different and conflicting information on different occasions.

(Emphasis in original.)

10. Respondent’s declaration disparaged Client no. 1 and Client no. 2. For example, Respondent stated:

At this point in time, I can only describe my reaction to the whole mess as total frustration as to having had my time wasted for four months without having accomplished what I should have been able to do to further the status of this case, as well as the time spent badgering the clients to bring the long-standing balance of fees owed to me for work I have already done, but received on a fraction thereof.

11. Respondent’s declaration contained information that was designed to portray Client no. 2 in a negative light and which had no bearing on the breach of contract case. For example, Respondent recounted a situation in which she purportedly upset Client no. 1’s and Client no. 2’s 12-year-old daughter by using the word "consequences" during a telephone conversation. Respondent strongly denied ever using the word "consequences" and instead suggested that Client no. 2 had manipulated her daughter into fabricating the story in order to make Respondent feel uncomfortable.

12. Respondent obtained the information set forth in her declaration as a direct and proximate result of the attorney-client relationship that had existed between Respondent and Client no. 1.

13. At no time did Client no. 1 or Client no. 2 authorize Respondent to disclose any of the information contained in her declaration.

14. On January 17, 2013, in an effort to ameliorate the prejudice caused to Client no. 1 and his business, the court issued an order striking Respondent’s motion in its entirety and barfing the use of Respondent’s declaration by the plaintiff in the breach of contract matter.

15. The communications, observations, and personal opinions set forth in Respondent’s declaration were designed to insult and embarrass Client no. 1 and Client no. 2, had no relevance to the breach of contract case, and went far beyond anything necessary to reasonably establish a breakdown of the attorney-client relationship.

CONCLUSIONS OF LAW:

16. By disclosing in her declaration confidential information she obtained as a result of her attorney-client relationship with Client no. 1 and Client no. 2 without authorization to do so, Respondent failed to maintain inviolate the confidences, and at every peril to herself to preserve the secrets, of her client willful violation of Business and Professions Code section 6068(e).

17. By disclosing in her declaration communications, observations, personal opinions that were designed to insult and embarrass Client no. 1 and Client no. 2, which had no relevance to the breach of contract case, and which went far beyond anything necessary to reasonably establish a breakdown of the attorney-client relationship, Respondent advanced facts prejudicial to the honor or reputation of a party or witness, without being required by the justice of the cause with which she was charged, in willful violation of Business and Professions Code section 6068(0.

AGGRAVATING CIRCUMSTANCES.

Bad Faith (Std. 1.2(b)(iii)): Respondent’s breach of her client’s confidences was self-serving. She intended to create problems for her client either by way of some kind of retaliation or to ensure a complete and irreparable breakdown in the attorney-client relationship which she believed would necessitate the granting of her motion to withdraw in the breach of contract matter.

Harm (Std. 1.2(b)(iv)): Client no. 2 suffered unnecessary public embarrassment from the many maligning statements contained in the declaration which were irrelevant to any issues pending before the court. Further, notwithstanding the court’s efforts to ameliorate the prejudice to Client no. 1 in the breach of contract matter, Respondent disclosed confidential information which may have been detrimental to her client’s interests in other legal matters.

MITIGATING CIRCUMSTANCES.

No Prior Discipline: Although her misconduct is serious, Respondent has maintained a discipline-free record of practice since she was admitted to the State Bar of California in 1983. (See In the Matter of Riordan (Review Dept. 2007) 5 Cal. State Bar Ct. Rptr. 41, 49 [where mitigative credit was given for long period of discipline-free practice despite serious misconduct].)

Pro Bono Service: Since 2008, Respondent has served as a volunteer Judge Advocate General ("JAG") officer in the United States Volunteers Joint Services Command. Additionally, from 1992 to 1999 Respondent volunteered as judge pro tem one day per month for the Los Angeles County Municipal Court. (See Rose v. State Bar (1989) 49 Cal.3d 646, 667 [significant contributions to the legal profession in the form of pro bono service are a mitigating circumstance].)

Prefiling Stipulation: Respondent has voluntarily entered into this stipulation and should receive mitigative credit for her early admission of culpability and consent to the imposition of discipline. (See Silva-Vidor v. State Bar (1989) 49 Cal.3d 1071, 1079 [where mitigative credit was given for entering into a stipulation as to facts and culpability].)

AUTHORITIES SUPPORTING DISCIPLINE.

The Standards for Attorney Sanctions for Professional Misconduct provide a "process of fixing discipline" pursuant to a set of written principles to "better discharge the purposes of attorney discipline as announced by the Supreme Court." (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, Introduction (all further references to standards are to this source).) The primary purposes of disciplinary proceedings and of the sanctions imposed are "the protection of the public, the courts and the legal profession; the maintenance of high professional standards by attorneys and the preservation of public confidence in the legal profession." (ln re Morse (1995) 11 Cal.4th 184, 205; std. 1.3.)

Although not binding, the standards are entitled to "great weight" and should be followed "whenever possible" in determining level of discipline. (ln re Silverton (2005) 36 Cal.4th 81, 92, quoting In re Brown (1995) 12 Cal.4th 205,220 and In re Young (1989) 49 Cal.3d 257, 267, fn. 11 .) Adherence to the standards in the great majority of cases serves the valuable purpose of eliminating disparity and assuring consistency, that is, the imposition of similar attorney discipline for instances of similar attorney misconduct. (In re Naney (1990) 51 Cal.3d 186, 190.) Any discipline recommendation different from that set forth in the applicable standards should clearly explain the reasons for the deviation. (Blair v. State Bar (1989) 49 Cal.3d 762, 776, fn. 5.)

The sanctions applicable to Respondent’s professional misconduct are found in standard 2.6. Under standard 2.6, culpability of an attorney of a violation of Business and Professions Code sections 6068 shall result in disbarment or suspension depending on the gravity of the offense or the harm, if any, to the victim, with due regard to the purposes of imposing discipline set forth in standard 1.3.

Here, Respondent breached her duty to maintain inviolate the confidences of her client and deliberately sought to besmirch the honor and reputation of her client’s spouse, who was both a witness in the pending litigation and a client in an unrelated matter. The gravity of Respondent’s misconduct cannot be overstated. The duty to maintain client confidences is the most strongly worded duty binding on an attorney (Bus. and Prof. Code, section 6068(e)) and is a bedrock principle of the legal profession. (See In re Boone (Cir. Ct., N.D. Cal. 1897) 83 F. 944, 953 [the relationship between an attorney and client being, in the highest degree, a confidential one, the attorney is bound to the strictest secrecy and the most scrupulous good faith].) In aggravation, Respondent acted in bad faith by disclosing her client’s confidences to further her personal aim of obtaining the court’s permission to withdraw from the representation. More importantly, Respondent harmed her client by publicly maligning him and revealing confidential information that could be used against him and members of his immediate family legal matters unrelated to the breach of contract case.

In mitigation, Respondent’s 30 years of discipline-free practice merits significant weight. For the past five years, Respondent has demonstrated a commitment to the legal profession through pro bono service by serving as a volunteer JAG officer in the United States Volunteers Joint Services Command. Previously, Respondent served as a volunteer judge pro tem one day per month for the Los Angeles County Municipal Court. Additionally, Respondent has made an early admission to culpability by voluntarily entering into this stipulation. However, these mitigating circumstances are not sufficiently compelling to warrant a deviation from standard 2.6. Given the seriousness breach of Respondent’s ethical duties, a sanction in the intermediate range of the standard is appropriate.

In consideration of the foregoing, a two-year suspension (stayed) and two years of probation, subject to the conditions herein, including a 90-day actual suspension, is appropriate under the standards and will serve the purpose of attorney discipline as set forth in standard 1.3.

COSTS OF DISCIPLINARY PROCEEDINGS.

Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of October 21, 2013, the prosecution costs in this matter are $2,925. 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.

EXCLUSION FROM MCLE CREDIT

Pursuant to rule 3201, Respondent may not receive MCLE credit for completion of State Bar Ethics School. (Rules Proc. of State Bar, rule 3201 .)

SIGNATURE OF THE PARTIES

Case Number(s): 13-O-10689

In the Matter of: BARBARA EDELSTEIN IRVING

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: BARBARA EDELSTEIN IRVING

Date: 11/5/13

Respondent’s Counsel:

Date:

Deputy Trial Counsel: KELSEY J. BLEVINGS

Date: 11/8/13

ACTUAL SUSPENSION ORDER

Case Number(s): 13-O-10689

In the Matter of: BARBARA EDELSTEIN IRVING

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 DISCIPLINE RECOMMENDED to the Supreme Court.

<<not>> 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.

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: George E. Scott, Judge Pro Tem

Date: 11/22/13

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 November 22, 2013, 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:

 BARBARA EDELSTEIN IRVING

LAW OFC BARBARA E IRVING

PO BOX 1155

SIERRA MADRE, CA 91025 - 1155

<<not>> checked. by certified mail, No. , with return receipt requested, through the United States Postal Service at , California, addressed as follows:

<<not>> checked. by overnight mail at , California, addressed as follows:

<<not>> checked. by fax transmission, at fax number . No error was reported by the fax machine that I used.

<<not>> checked. By personal service by leaving the documents in a sealed envelope or package clearly labeled to identify the attorney being served with a receptionist or a person having charge of the attorney’s office, addressed as follows:

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

 KELSEY BLEVINGS, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on November 22, 2013.

Signed by:

Angela Carpenter

Case Administrator

State Bar Court