Murrieta, CA 92562-4010
16 June 2012 | Discipline w/actual suspension; credit for prior ineligibility 08-O-10983 (12 years, 11 months ago) |
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2 July 2011 | Active (13 years, 10 months ago) |
1 July 2010 | Not eligible to practice law in CA (14 years, 10 months ago) Ordered inactive 08-O-10983 |
25 December 2003 | Discipline, probation; no actual susp. 02-O-12713 (21 years, 4 months ago) |
12 September 2003 | Active (21 years, 8 months ago) |
24 January 2003 | Not eligible to practice law in CA (22 years, 3 months ago) Suspended, failed to pass Prof.Resp.Exam 00-H-14843 |
29 August 2002 | Disciplinary charges filed in State Bar Court 02-O-12713 (22 years, 8 months ago) |
1 July 2002 | Disciplinary charges filed in State Bar Court 02-O-12751 (22 years, 10 months ago) |
2 November 2001 | Discipline, probation; no actual susp. 00-H-14843 (23 years, 6 months ago) |
1 December 1981 | Admitted to the State Bar of California (43 years, 5 months ago) |
June 16, 2012 EVAN LLEWELYN SMITH, 60, of Arcadia was suspended for three years, stayed, and placed on three years of probation with a one-year actual suspension. He received credit for one year spent on inactive status. The order took effect June 16, 2012. Smith successfully completed the Alternative Discipline Program after establishing a connection between his misconduct and his mental health issues. He stipulated that he filed eight of 12 required quarterly probation reports, and seven were filed late. Three of the seven were defective. He also submitted proof of completion of six hours of MCLE courses after the deadline and did not provide a new address when he moved.Smith has three prior discipline records. He was privately reproved in 1999 after writing a check against insufficient funds in his client trust account and he was suspended in 2001 for violating probation requirements. He was disciplined again in 2003 for not complying with probation conditions and for failing to perform legal services competently or cooperate with the bar’s investigation in one matter.In mitigation, he had serious medical problems that led to severe financial stress and bankruptcy.December 25, 2003 EVAN LLEWELLYN SMITH [#101369], 52, of Diamond Bar was suspended for one year, stayed, placed on three years of probation and was ordered to take the MPRE within one year and prove his rehabilitation. The order took effect Dec. 25, 2003. Smith stipulated to misconduct in two matters. He failed to comply with probation conditions from a 2001 disciplinary order by not filing four quarterly probation reports and reports from a certified public accountant on time.He also failed to perform legal services competently in a bankruptcy case. The client gave him a $2,000 advance fee, but Smith never provided a draft of the petition and in fact never filed the petition. He did not cooperate with the bar’s investigation.Smith was privately reproved in 1999 for failing to deposit client funds in a trust account or keep adequate records of the money. When he did not comply with probation conditions from the reproval, he was suspended in 2001.In mitigation, Smith claims to have been suffering from a medical condition that prevented him from complying with the terms of his disciplinary orders. He cooperated with the bar’s investigation.November 2, 2001 EVAN LLEWELLYN SMITH [#101369], 50, of Diamond Bar was suspended for 30 days, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Nov. 2, 2001. Smith stipulated that he failed to comply with conditions attached to a 1999 private reproval. He filed five quarterly reports late, failed to file five reports from a certified public accountant and failed to attend ethics school or the trust account record-keeping class.The private reproval was issued as a result of Smith’s failure to deposit client funds in a trust account or to maintain records of client funds.In mitigation, no clients were harmed and he cooperated with the bar’s investigation. |