State Bar Court of California

Hearing Department

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

STAYED SUSPENSION; NO ACTUAL SUSPENSION

Case Number(s): 09-C-19063

In the Matter of: Leonard J. Sawyer, Bar # 259068, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Cindy McCaughey, Deputy Trial Counsel

1149 S. Hill Street

Los Angeles, CA 90015

213/765-1491

Bar #222126

Counsel for Respondent: Edward O. Lear, Century Law Group

5200 West Century Blvd., #345

Los Angeles, CA 90045

310/642-6900

Bar #132699

Submitted to: Settlement Judge

Filed: June 14, 2011 State Bar Court Clerk’s Office Los Angeles

  <<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 December 2, 2008.

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 9 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):

checked. Costs are added to membership fee for calendar year following effective date of discipline.

<<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.

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 or a separate attachment entitled “Prior Discipline”. .

<<not>> 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. 

<<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.

<<not>> checked. (4) Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice.

<<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. 

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. 

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: Respondent successfully completed the terms of probation in the criminal matter, including completion of 50 counseling sessions.

D. Discipline:

checked. (1)            Stayed Suspension:

<<not>> checked. (a)         Respondent must be suspended from the practice of law for a period of .

<<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:

<<not>> checked. (b)         The above-referenced suspension is stayed.

checked. (2)            Probation:  Respondent must be placed on probation for a period of one year, which will commence upon the effective date of the Supreme Court order in this matter.  (See rule 9.18, California Rules of Court.)

E. Additional Conditions of Probation:

checked. (1)            During the probation period, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

checked. (2)            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. (3)            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. (4)            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. (5) 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. (6)            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.

<<not>> checked. (7) 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.

checked.                  No Ethics School recommended.  Reason: Respondent resides out of state- see additional conditions below.

<<not>> checked. (8) 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. (9) 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 within one year.  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)            Other Conditions:

                                                            Within 1 year of the effective date of discipline, Respondent must either (1) provide to the Office of Probation satisfactory evidence of proof of completion of a session of the State Bar of California’s Ethics School and passage of the test at the end of that session, or (2) provide to the Office of Probation satisfactory evidence of proof of completion of 16 hours of live or participatory MCLE approved courses in legal ethics. These hours are in addition to the mandatory annual reporting requirement of MCLE approved courses as mandated by the State Bar of California.

Attachment language (if any):

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

IN THE MATTER OF: Leonard Sawyer

CASE NUMBER(S): 09-C-19063

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. 09-C-19063 (Conviction Proceedings)

PROCEDURAL BACKGROUND IN CONVICTION PROCEEDING:

1. This is a proceeding pursuant to sections 6101 and 6102 of the Business and Professions Code and rule 9.10 of the California Rules of Court.

2. On January 14, 2011, the Review Department of the State Bar Court issued an order referring the matter to the Hearing Department to determine if the facts and circumstances surround two misdemeanor convictions of Penal Code section 242 (battery) involved moral turpitude or other misconduct warranting discipline.

FACTS:

3. On September 17, 2009, in Department 6 of the Los Angeles County Superior Court,

Torrance Branch, Respondent accepted paperwork from the female courtroom clerk relating to a client case assigned to that department for which Respondent had just appeared. While the courtroom clerk was standing next to Respondent explaining the paperwork, Respondent placed his hand upon her buttocks. Respondent had no prior personal relationship with this courtroom clerk and did not have her

permission to touch her buttocks.

4. On September 17, 2009, in Department 6 of the Los Angeles County Superior Court, during regular court hours, a female deputy district attorney was standing by counsel table. When Respondent said good-bye to her upon completion of his business in that courtroom, Respondent patted the deputy district attorney on the buttocks before Respondent left the courtroom. Respondent had no prior personal relationship with this deputy district attorney and did not have her permission to touch her buttocks.

5. On September 25, 2009 at 9 a.m., inside the Los Angeles County Superior Court, Torrance Branch, near security screening devices located at the front entrance to the building, Respondent approached a female security officer from behind and touched her buttocks. Respondent had no prior personal relationship with the security officer and did not have permission to touch her buttocks.

6. On October 23, 2009, Respondent was charged by way of misdemeanor complaint in Los Angeles County Superior Court case number 9SY09342 with two counts each of violating Penal Code section 243(e) [sexual battery] and section 242 [battery] based upon his touching the buttocks of the deputy district attorney and the courtroom clerk.

7. On October 23, 2009, Respondent was charged by way of misdemeanor complaint in Los Angeles County Superior Court case number 9SY09341 with one count of violating Penal Code section 243(e) [sexual battery] and one count misdemeanor count of violating Penal Code section 242 [battery] based upon his touching of the security officer.

8. On February 11, 2010, Respondent entered pleas to two misdemeanor violations of Penal Code section 242, battery in case number 9SY09342.

9. Respondent was placed on one-year summary probation, the terms of which included

completion of 52 sessions of sexual deviancy counseling. Upon successful completion of all terms of probation, Respondent would be allowed to withdraw his plea and enter pleas to two counts of Penal Code section 415 [disturbing the peace] as infractions.

10. On February 11, 2010 case number 9SY09341 was civilly compromised pursuant to Penal Code sections 1377/1378.

CONCLUSIONS OF LAW:

11. The facts and circumstances surrounding the above-described violation(s) did not involve moral turpitude but did involve other misconduct warranting discipline.

PENDING PROCEEDINGS.

The disclosure date referred to, on page 2, paragraph A(7), was May 9, 2011.

AUTHORITIES SUPPORTING DISCIPLINE.

Standard 3.4 provides that final conviction of a crime which does not involve moral turpitude inherently or in the facts and circumstances surrounding the crime’s commission but which does involve other misconduct warranting discipline shall result in a sanction as prescribe under part B of the standards appropriate to the nature and extent of the misconduct found to have been committed by the

member. In the Matter of Stewart (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 52, 60-61, the Review Department noted, that "past disciplinary cases involving attorneys convicted of assaultive crimes have generally resulted in suspension of varying lengths." Weighing the aggravating and mitigating factors surrounding Respondent’s convictions as set forth above, the parties submit that a period of stayed

suspension is the appropriate level of discipline and will succeed in meeting the ptu-posed of Standard 1.3 of protecting the public, the courts and the legal profession..

COSTS OF DISCIPLINARY PROCEEDINGS.

Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of May 9, 2011, the prosecution costs in this matter are $2,292.00. 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.

SIGNATURE OF THE PARTIES

Case Number(s): 09-C-19063

In the Matter of: Leonard J. Sawyer

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: Leonard J. Sawyer and Edward O. Lear and Cindy McCaughey

Respondent: Leonard J. Sawyer

Date: May 11, 2011

Respondent’s Counsel: Edward O. Lear

Date: May 10, 2011

Deputy Trial Counsel: Cindy McCaughey

Date:  May 23, 2011

STAYED SUSPENSION ORDER

Case Number(s): 09-C-19063

In the Matter of: Leonard J. Sawyer

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: Donald F. Miles

Judge of the State Bar Court:

Date: June, 8, 2011

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 June 14, 2011, I deposited a true copy of the following document(s):

in a sealed envelope for collection and mailing on that date as follows:

                                                STIPULATION RE FACTS, CONCLUSIONS OF LAW AND D

                                                DISPOSITION AND ORDER APPROVING

checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:

                                                EDWARD O. LEAR

                                                CENTURY LAW GROUP LLP

5200 W CENTURY BLVD #345

                                    LOS ANGELES, CA 90045           

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

                                    Cynthia B. McCaughey, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on June 14, 2011.

Signed by: Christina Potter

Case Administrator

State Bar Court