Strict Liability For Practice While Suspended For Non-Payment Of Dues

In a case that it described as involving the “problems that can arise when office management practices are inqadequate to ensure timely payment of State Bar membership fees,” the California State Bar Court has recommended a one-year suspension, with all but 60 days stayed, and two years probation for an attorney who has practiced for 28 years without discipline.

The suspension was only in effect for a period of 18 days. During that time, the attorney provided legal services in two matters and accepted a fee of over $10,000. When she realized she had been suspended, the dues were promptlt paid and she was reinstated.

The attorney failed to return the legal fee and file to the client.

The State Bar Court noted that there no finding that the attorney was aware of her suspension, but that such proof is not required.The recommendation would require her to make restitution of the fee prior to reinstatement.

The attorney also had failed to cooperate with the investigation and had minimized the misconduct.

A corrected order was entered. (Mike Frisch)