The Wrong Way To Deal with A Bar Complaint

The California State Bar Court Review Department has recommended a fully-stayed one year suspension and probation of an attorney who neglected the representation of a Texas client who had retained her to look into a theft of jewelry allegation that took place when the client lived with a family in San Diego.

The misconduct was exacerbated by the attorney’s initial non-cooperation but more so by her threats to the client and her grandfather. She communicated primarily with grandpa.

Prevost berated [client]Walker for allowing her grandfather to terminate Prevost’s services. She again accused Walker of lying to the State Bar…

Two weeks later, Prevost sent another email, this time to [grandfather] Hannum, in which she stated that “people who use drugs and steal from their friends are rarely credible witnesses.” She also accused Hannum of being “overbearing” and intimidating Walker into filing the complaint with the State Bar. Prevost warned Hannum of the consequences of pursuing the complaint: “[W]hatever your motivation, I would suggest you take a step back and understand that you have put Alyssa in a precarious position of lying to the State Bar of California in a public proceeding by requiring her to sign documents that you wrote, and that are patently false. She will be subject to cross examination of this. Your complaint is public record. This case is public record. I really don’t wish to put Alyssa in a position to have to defend herself – and people who use drugs and steal from their friends are rarely credible witnesses – but I will do the most to defend myself . . . .” In closing, she stated, “I go to State Bar Court next week. I seriously hope you consider your actions, the consequences, and the public nature of your allegations.” Hannum considered her letter to be threatening to him and his granddaughter.

The attorney also failed to return unearned fees.

Turns out there never was a criminal complaint brought against the client. (Mike Frisch)