Sanctionus Maximus

An unpublished opinion of the California State Bar Court Review Department proposes the disbarment of an attorney after 44 years of discipline-free practice.

 Lloyd Douglas Brown appeals a hearing judge’s decision finding him culpable of intentional misappropriation and recommending his disbarment. Brown agreed to act as an escrow agent for his client, Maximus I Trust (Maximus), and a third party, Amboseli Energy Partners LLC (Amboseli). In this role, Brown agreed to hold $22,500 in trust and distribute the funds pursuant to the terms of a Lending and Borrowing Agreement. Instead, without Amboseli’s consent or knowledge, Brown disbursed the monies to himself and Maximus in clear contravention of the agreement. He then attempted to cover up his misdeeds. To date, Brown has not repaid the $22,500 despite repeated promises to do so.

 Brown admits he misappropriated the escrowed monies and breached his fiduciary duties to Amboseli. However, he maintains his actions were the result of “errors of judgment rather than dishonesty” because he believed he was authorized to distribute the entrusted funds. Brown asks for a sanction less than disbarment because he asserts his misconduct is greatly mitigated by his otherwise “spotless 44[-year] career as a lawyer” and his considerable community service. The Office of the Chief Trial Counsel of the State Bar (OCTC) does not appeal and urges us to affirm the disbarment recommendation.

We review the record independently (Cal. Rules of Court, rule 9.12) and find the evidence clearly and convincingly supports the hearing judge’s culpability findings. 1 Although we modify the mitigation and aggravation findings, we ultimately conclude that the presumptive discipline of disbarment, as provided by the standards,2 should be imposed. We acknowledge Brown’s long tenure of discipline-free practice and his significant commitment to public service. Nevertheless, the seriousness of his misappropriations, coupled with his surrounding dishonesty and his failure to make any restitution, compel the conclusion that a lesser sanction than disbarment will not protect the public, the courts, and the legal profession.

The attorney has a record of service in the Vietnam War and as an Assistant United States Attorney. (Mike Frisch)