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Jon David Railsback - #64853

Current Status:  Resigned with Charges Pending

This member is resigned and may not practice law in California.

See below for more details.

Profile Information

The following information is from the official records of The State Bar of California.

Bar Number: 64853    
Address: 2501 E Chapman Ave #100
Fullerton, CA 92831-3135
Phone Number: (714) 333-2244
Fax Number: (714) 333-2245
e-mail: Not Available 
County: Orange
Undergraduate School: Western State Univ; CA
District: District 4    
Sections: None Law School: Western State Univ; CA

Status History

Effective Date Status Change
Present Resigned
4/5/2007 Resigned  
1/17/2007 Not Eligible To Practice Law  
5/12/2006 Active  
11/12/2005 Not Eligible To Practice Law  
9/16/2004 Active  
7/18/2004 Not Eligible To Practice Law  
1/1/2002 Active  
12/2/2001 Not Eligible To Practice Law  
11/5/1999 Active  
8/23/1999 Not Eligible To Practice Law  
11/13/1995 Active  
7/31/1995 Not Eligible To Practice Law  
8/11/1975 Admitted to The State Bar of California

Explanation of member status

Actions Affecting Eligibility to Practice Law

Effective DateDescriptionCase NumberResulting Status

Disciplinary and Related Actions

Overview of the attorney discipline system.

4/5/2007 Resignation with charges pending 07-Q-10373 Resigned 
1/30/2007 Vol.inactive(tender of resign.w/charges) 07-Q-10373 Not Eligible To Practice Law 
1/18/2007 Suspended, failed to pass Prof.Resp.Exam 05-O-00004 Not Eligible To Practice Law 
1/17/2007 Interim suspension after conviction 06-C-13416 Not Eligible To Practice Law 
11/12/2005 Discipline w/actual suspension 05-O-00004 Not Eligible To Practice Law 
7/18/2004 Discipline w/actual suspension 02-O-10286 Not Eligible To Practice Law 
12/2/2001 Discipline w/actual suspension 00-O-10757 Not Eligible To Practice Law 

Administrative Actions

8/23/2004 Suspended/Child & Fam Supp noncompliance Not Eligible To Practice Law 
8/23/1999 Suspended/Child & Fam Supp noncompliance Not Eligible To Practice Law 
7/31/1995 Suspended/Child & Fam Supp noncompliance Not Eligible To Practice Law 


Copies of official attorney discipline records are available upon request.

Explanation of common actions

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/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
7/18/2004 02-O-10286 Stipulation [PDF]
Pending 05-O-00004 Stipulation [PDF]

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.

November 12, 2005

JON DAVID RAILSBACK [#64853], 58, of Fullerton was suspended for two years, stayed, placed on three years of probation with a six-month actual suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect Nov. 12, 2005.

Railsback stipulated to misconduct in three family law cases, two while he was suspended from practice.

He filed a motion in the first matter two days before his suspension was to take effect. He filed a declaration while suspended and then twice failed to appear at hearings. The court informed Railsback's client that his attorney was suspended and the same day, Railsback acknowledged the suspension to the court.

In the second matter, while suspended, he filed a divorce petition for his 87-year-old client. The client's wife eventually filed a motion to dismiss the petition on the grounds that her husband suffered from dementia related to Alzheimer's disease and could not have entered into a contract because Railsback was suspended when he filed the case.

The court agreed and ordered Railsback to pay $1,375 in sanctions to his client's wife. He did not comply with the court's order or notify the bar about the sanctions.

Railsback also was sanctioned by the state Court of Appeal for filing a frivolous and untimely appeal in a child custody case. The court found his brief "woefully inadequate" and concluded it had no merit. Railsback was sanctioned $7,250, but did not pay the sanction or notify the bar.

He stipulated that he failed to comply with court orders, report sanctions to the bar, maintain proceedings that appeared to be legal or keep a client informed about developments in his case, and he practiced law while suspended, committed acts of moral turpitude and violated court orders.

The 2004 discipline was imposed for three cases of practicing law while suspended in 2001 and for failing to comply with probation conditions attached to the 2001 order. The earlier discipline was imposed for practicing while suspended for non-payment of child support obligations. In addition, he stipulated that he committed an act of moral turpitude, improperly withdrew from employment and took an unconscionable fee.

July 10, 2004

JON DAVID RAILSBACK [#64853], 57, of Fullerton was suspended for one year, stayed, and placed on two years of probation with an actual 60-day suspension. The order took effect July 10, 2004.

Railsback stipulated to misconduct in four consolidated cases. Three involved his unauthorized practice of law while suspended from practice in 2001. The fourth was imposed for his failure to comply with probation conditions attached to that discipline. He did not attend ethics school or make restitution to a client.

The underlying discipline was imposed for practicing while Railsback was suspended for non-payment of child support obligations. In addition, he stipulated that he committed an act of moral turpitude, improperly withdrew from employment and took an unconscionable fee.

December 2, 2001

JON D. RAILSBACK [#64853], 54, of Huntington Beach was suspended for six months, stayed, placed on one year of probation with a 30-day suspension and was ordered to take the MPRE within one year. The order took effect Dec. 2, 2001.

Railsback practiced law while suspended for non-payment of child support. He accepted a $1,200 retainer fee and filed pleadings. Although he was present at the courthouse, he left prior to a hearing and his client appeared without a lawyer. The court initially denied his client’s motion due to Railsback’s failure to file an answer.

The client then handled his case in pro per and was permitted to file an answer. Railsback failed to file documentation with the court formally removing himself as attorney of record. The court entered judgment against Railsback’s client in the amount of $2,619.12.

He stipulated that he practiced law while not entitled, committed an act of moral turpitude, improperly withdrew from employment and took an unconscionable fee.

In mitigation, he has no prior record of discipline.


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