A Heavy Burden

The California State Bar Court Review Department recommends a three-year suspension of an attorney:

 Mark Eugene Huber moved to Utah from California in August 2011 without telling several clients who had given him payment in full for his services. His failure to inform his clients of the move had serious effects on these unsophisticated and financially vulnerable individuals. The bankruptcy cases and personal injury matters the clients had retained him for were not completed, and he stopped communicating with them. In addition, he failed to disclose a conflict of interest with respect to one client, and in another matter, he disobeyed court orders.

The Office of Chief Trial Counsel of the State Bar sought disbarment but the review department deferred to the trial judge’s recommendation.

The trial judge was not impressed with his testimony

 The hearing judge found all of the complaining witnesses who testified to be credible, but found Huber not credible. The judge stated in her decision, “after reflecting on the record as a whole, the court finds that almost all of respondent’s testimony on disputed fact issues lacks credibility, if not candor. In numerous instances, respondent’s testimony is inconsistent with reliable documentary evidence, contrived, insincere, and implausible. In stark contrast to respondent’s incredible testimony, is the very credible testimony of each of the complaining witnesses.”

 The court found limited mitigation and noted as to sanction

In sum, while Huber’s misconduct is serious, we see no reason to disregard the hearing judge’s recommendation. We agree with OCTC that Huber’s misconduct was sufficiently close to constituting a pattern as to justify a two-year suspension. Importantly, Huber will have to prove his rehabilitation and fitness to practice law before he is reinstated at a formal hearing before the State Bar Court — a heavy burden given his misconduct.

The recommendation would be to stay the third years of suspension if he can satisfy the reinstatement criteria. (Mike Frisch)