Scheer Volume Of Unauthorized Practice Violations Merit Further Suspension

Multiple instances of unauthorized practice of law has led to a proposed suspension of an attorney by the California State Bar Court Review Department.

 In Marilyn Sue Scheer’s first disciplinary proceeding (Scheer I), we found her culpable of engaging in the unauthorized practice of law (UPL) in 26 client matters in 11 different states from October 2009 through January 2011, and of collecting illegal fees in those matters. For this misconduct, she received a two-year actual suspension to continue until she paid approximately $120,000 in restitution to her former clients. At this time, she remains on actual suspension for failure to pay this restitution.

In this consolidated review, Scheer appeals from Hearing Department decisions in her second and third disciplinary proceedings (Scheer II and Scheer III). In each, a hearing judge found Scheer culpable of misconduct that is substantially identical to the misconduct in Scheer I. Neither judge, however, recommended a new fixed period of actual suspension because the current misconduct occurred during the same time period as the misconduct in Scheer I. Rather, each judge recommended that Scheer should be actually suspended from the practice of law until she pays restitution to her former clients.

On review, Scheer challenges culpability and raises a series of legal challenges to the decisions, which largely duplicate the arguments she raised in Scheer I. The Office of the Chief  Trial Counsel of the State Bar (OCTC) does not appeal and renews its request that Scheer remain actually suspended until she pays restitution.

Upon independent review of the record (Cal. Rules of Court, rule 9.12), we find Scheer culpable as charged. Like the hearing judges, we do not find that a new fixed period of actual suspension is appropriate. We recommend that Scheer be actually suspended until she makes restitution to her clients.

(Mike Frisch)