Robert Earl McCann - #170286
The following information is from the official records of The State Bar of California.
MCCANN AND ASSOCIATES
2100 Watt Ave Ste 100
Sacramento, CA 95825
|Phone Number:||(916) 491-9097|
|Fax Number:||(916) 483-1884|
||Undergraduate School:||California St Univ Sacramento; CA|
|Sections:||None||Law School:||Lincoln Law School; Sacramento CA|
Actions Affecting Eligibility to Practice Law in California
State Bar Court Cases
NOTE: The State Bar Court began posting public discipline documents online in 2005. The format and pagination of documents posted on this site may vary from the originals in the case file as a result of their translation from the original format into Word and PDF. Copies of additional related documents in a case are available upon request. Only Opinions designated for publication in the State Bar Court Reporter may be cited or relied on as precedent in State Bar Court proceedings. For further information about a case that is displayed here, please refer to the State Bar Court's online docket, which can be found at: http://apps.statebarcourt.ca.gov/dockets.aspx
DISCLAIMER: Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document, contains only allegations of professional misconduct. The attorney is presumed to be innocent of any misconduct warranting discipline until the charges have been proven.
|Effective Date||Case Number||Description|
California Bar Journal Discipline Summaries
Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are available upon request.
April 17, 2005
ROBERT McCANN [#170286], 50, of West Sacramento was suspended for two years, stayed, placed on two years of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order took effect April 17, 2005.McCann stipulated to 13 counts of misconduct in five cases.In the first, he was hired to represent a client who faced an order to show cause hearing; the client paid him a $4,000 fee. McCann did not appear at the hearing, and the client’s matter was dismissed. McCann falsely told the client he had made a settlement offer that was rejected and that he filed a motion for dismissal. He submitted a billing statement indicating that he had performed those services.The client filed a malpractice suit against McCann that was referred to an arbitrator. The client paid his half of the $2,800 arbitration fee, but McCann paid nothing.In the second matter, McCann represented the defendant in a civil action. The client paid him $1,914.50 to prepare an answer to the complaint and an additional $183 for the filing fee. She later paid an additional $5,000 to be held for future attorney fees.A few months later, the client’s insurance company provided counsel for her. The case was later dismissed.The client sought a return of her fee and agreed to accept $2,000. McCann did not refund the money for a year and a half.McCann represented a client who paid him $2,500 to handle her divorce. He later substituted out and the client asked for the return of unearned fees. Eleven months later, McCann gave her $867 without providing an accounting.In another family law case, the client fired McCann after five months because it appeared no work was being done. The client sought a refund of a $2,500 advance fee, but McCann sent a bill that showed the money was used for research and preparation of documents that were never filed. An arbitrator awarded the client $2,500, which McCann paid.In the final matter, McCann did not provide a billing statement for seven months. In total, he stipulated that he failed to perform legal services competently, refund unearned fees promptly, keep clients reasonably informed of significant developments in their cases or account for client funds, and he committed acts of moral turpitude.In mitigation, McCann had no record of prior discipline, and he had family problems and emotional or physical difficulties at the time of the misconduct.