Kids First, Lawyer After
The California State Bar Court Review Department has recommended a two-year suspension with a minimum of nine months actual suspension and the balance stayed on probation conditions.
The attorney also must make restitution to his former domestic relations client.
The misconduct involved the handling of a series of 18 child support checks totalling over $17,000 that were paid to him in trust for the client.
Rather than forward the checks, the attorney deposited them in a non-escrow account and credited the funds to his fees.
He claimed that he had client consent
[Client] Monica denies ever giving permission to [junior attorney] Moon, stating she was “surprised that [Cayce] applied it to my bill and I was just kind of in shock.” She testified that she was in dire financial need because she left an abusive husband, was trying to support five children without a job, and was forced to apply for welfare to provide food and other essentials for her children. After she applied for welfare, she specifically asked Cayce and Moon about garnishing Darwin’s wages. “I told [Cayce] that I had applied for welfare and that I was living on welfare, and I wanted them to collect my child support . . . .” She was adamant that she did not make any assignments, stating, “I wasn’t thinking, oh my children should suffer and be on welfare so I can pay my legal fees. No. My kids come before [Cayce], sorry, they come before [Cayce].”
The review department
Cayce’s contention that Monica gave him an assignment of the funds is unpersuasive. He offered no supporting documentation for this assertion. In fact, we find clear and convincing evidence that Monica never gave Cayce her permission to use the child support money as payment for her legal bills. Cayce did not inform Monica in writing about the wage garnishment order until August 13, 2007, after his office had already received five child support checks. Monica credibly testified that she first discovered the wage garnishment order in July 2007 and that she did not authorize Cayce or Moon to apply the funds to her legal bills.
The attorney had been previously disciplined. (Mike Frisch)