Hemet, CA 92544
7 June 2003 | Disbarred (22 years ago) |
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2 November 2001 | Not Eligible To Practice Law in CA (23 years, 7 months ago) |
25 September 2001 | Active (23 years, 9 months ago) |
4 September 2001 | Not Eligible To Practice Law in CA (23 years, 9 months ago) |
1 December 1981 | Admitted to The State Bar of California (43 years, 6 months ago) |
June 7, 2003 GILBERT YOSHIHARU NISHINO [#100036], 54, of Hemet was disbarred June 7, 2003, and was ordered to comply with rule 955. Nishino did not comply with rule 955, as required by a 2001 disciplinary order. His misconduct was the result of his actions in two client matters: he failed to maintain client funds in trust, account to the client or cooperate with the bar’s investigation. He also employed an attorney who worked on client matters while he was not entitled to practice. In 1996, Nishino was privately reproved for failing to perform legal services competently or communicate with a client.November 2, 2001 GILBERT YOSHIHARU NISHINO [#100036], 52, of Hemet was suspended for two years, stayed, placed on two years of probation with a three-month actual suspension, and was ordered to make restitution, take the MPRE within one year and comply with rule 955. The order took effect Nov. 2, 2001. Nishino stipulated to misconduct in two matters.He obtained a $25,000 judgment plus attorney fees for his clients in a civil matter involving claims to money deposited in an escrow account relating to the sale of a business. He received a check for just over $19,000 and deposited it in his trust account.On appeal, the court reversed the attorney fees portion of the judgment but upheld the rest.Nishino contends that his associate negotiated an agreement with the clients regarding fees, but the clients disputed his claim and demanded that Nishino pay them about $15,000.He has not paid the clients any funds or provided an accounting to them.Given the fee dispute, Nishino was required to maintain at least $15,000 in his trust account, but has allowed the balance to fall below that amount.He did not cooperate with the bar’s investigation.In the second matter, Nishino employed as an independent contractor an attorney who was suspended from practice. The attorney worked on client matters while suspended. Nishino did not notify the State Bar of his employment although he contends his clients were advised the attorney was suspended.Nishino stipulated that he failed to maintain client funds in a trust account, provide an accounting of funds to clients, cooperate with a bar investigation or notify the bar that he employed a disciplined attorney.In 1996, Nishino was privately reproved for failing to perform legal services competently or communicate with clients. |