License Modification

Misconduct in loan modification matters has led to a proposed suspension in this recommendation of the California State Bar Court Review Department

 Joseph Lynn DeClue appeals a hearing judge’s decision finding him culpable of illegally charging and collecting advance fees for loan modification services in two client matters. The judge found DeClue’s misconduct was unmitigated, but aggravated by his prior record of discipline, significant harm to clients, failure to make restitution, and uncharged misconduct, including failure to perform competently and aiding and abetting his non-attorney staff’s unauthorized practice of law (UPL).

 DeClue challenges both culpability findings. He also asserts that, even if we find him culpable, the hearing judge’s recommended discipline, including a six-month actual suspension, is too severe. DeClue contends that a two-year stayed suspension is appropriate. The Office of the Chief Trial Counsel of the State Bar (OCTC) does not appeal, and it supports the judge’s culpability and discipline recommendations.

The review department agreed with the findings and proposed sanction

…we adopt the recommended discipline, which is within the range provided by the standards and is consistent with the decisional law.

(Mike Frisch)