Default On Failure To Appear Charges

An attorney who failed to appear after he had been released on his own recognizance should be disbarred, according to a recent recommendation of the California State Bar Court Review Department

In early 2014, Respondent was arrested on a two-count criminal complaint charging Respondent with a felony violation of Health and Safety Code section 11377, subdivision (a) (possession of a controlled substance) and a misdemeanor violation of Vehicle Code section 12500, subdivision (a) (unlicensed driver) with a special allegation based on two prior violations. The Napa County Superior Court released Respondent from custody upon his own recognizance.

On March 27, 2014, Respondent failed to appear in the Napa County Superior Court for arraignment and a settlement conference. Thereafter, on January 8, 2015, Respondent pleaded nolo contendere to and was convicted of a misdemeanor violation of Penal Code section 1320, subdivision (b) for failing to appear in the Napa County Superior Court on March 27, 2014.

Failing to appear after being released upon one’s own recognizance is a crime that may or may not involve moral turpitude or other misconduct warranting discipline, depending upon the facts and circumstances surrounding the conviction. The court finds that the facts and circumstances surrounding Respondent’s conviction do not involve moral turpitude, but do constitute other misconduct warranting attorney discipline.

The attorney as one instance of prior discipline and, as one might expect, defaulted on the bar’s allegation.

The Bar’s web page summarizes the prior case

was suspended from the practice of law for 90 days and until he makes full restitution to clients. He was placed on probation for two years. He must pass the MPRE and the State Bar’s Ethics School test. The order took effect Aug. 28, 2016.

Hired to defend a couple from claims by a homeowners association, Olson failed to provide responses to a discovery request and failed to so inform his clients. He failed to inform opposing counsel that his clients were unavailable for a deposition on a certain day. The court imposed a $100 sanction on Olson for failing to file a case management statement. Olson also did not appear at a hearing on the association’s motion to compel deposition, leading to a $1,265 sanctions order.

Olson never informed his clients about the missed deposition or the sanctions. The trial court eventually issued terminating sanctions and entered judgment against Olson’s clients for $60,249.28 plus interest. Olson did not inform his clients.A new attorney requested but failed to obtain the client file from Olson. In aggravation, Olson’s multiple acts of misconduct were coupled with little insight or understanding of his actions. He contended, without substantiation, that opposing counsel forged documents. As an uncharged act in aggravation, Olson testified that he used for personal expenses $150 given him by his clients for jury fees. He caused significant client harm.

In mitigation, he presented good character testimony from two witnesses. His lack of prior discipline merits no consideration, because he was admitted to practice law less than two years before the present misconduct began. The State Bar Court wrote that Olson’s lack of insight “is of great concern. … The fact that he continues to shift the blame to the Superior Court, opposing counsel, and his clients, demonstrates no recognition of his own misconduct [and] gives this court little confidence that he will not commit similar misconduct in the future.”

(Mike Frisch)