Michael Joseph Melton - #48323

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July 10, 2005

MICHAEL J. MELTON [#48323], 59, of Rolling Hills was suspended for six months, stayed, placed on two years of probation and was ordered to take the MPRE within a year. The order took effect July 10, 2005.

Melton was hired to set aside the dismissal of his client’s case, which had been dismissed after the client’s first lawyer filed a motion to withdraw. The client never hired a new attorney and appeared at trial unprepared and without counsel.

About four months after he was hired, Melton filed a motion to set aside the dismissal of the action. A month later, the court denied the motion and, some time later, Melton filed an appeal. He did no further work and the appeal was dismissed. Melton did not inform the client about the dismissal for almost two years.

Over a 20-month period, the client called Melton monthly without any response. Melton did not refund the $3,000 advance fee until the client complained to the State Bar; at that time he refunded the full fee plus $1,025 in interest.

Melton stipulated that he failed to perform legal services competently, keep a client informed about developments in his case, communicate with a client or refund unearned fees, and he improperly withdrew from employment.

In mitigation, he has practiced for 33 years without a record of discipline.