Russell Montford Rick was first admitted to the California Bar 18th October 1982, but is now no longer eligible to practice. Russell graduated from Pepperdine University SOL.
Lawyer Information
| Name | Russell Montford Rick |
|---|---|
| First Admitted | 18 October 1982 (42 years, 8 months ago) |
| Status | Not Eligible to Practice |
| Bar Number | 104118 |
Contact
| Phone Number | 323-467-1044 |
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Schools
| Law School | Pepperdine University SOL (Malibu CA) |
|---|---|
| Undergraduate School | University of Hawaii (HI) |
Address
| Current Address | 2426 Cazaux Pl Los Angeles, CA 90068 |
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| Map |
History
| 3 July 2018 | Not eligible to practice law in CA (6 years, 11 months ago) Suspended, failed to pay fees |
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| 28 February 2010 | Inactive (15 years, 3 months ago) |
| 16 May 2003 | Active (22 years, 1 month ago) |
| 16 May 2002 | Not eligible to practice law in CA (23 years, 1 month ago) Discipline w/actual suspension 00-O-11441 |
| 2 November 2001 | Not eligible to practice law in CA (23 years, 7 months ago) Discipline w/actual suspension 96-O-04206 |
| 30 August 1999 | Disciplinary charges filed in State Bar Court 98-O-02524 (25 years, 9 months ago) |
| 30 March 1998 | Disciplinary charges filed in State Bar Court 96-O-04206 (27 years, 2 months ago) |
| 18 October 1982 | Admitted to the State Bar of California (42 years, 8 months ago) |
Discipline Summaries
May 16, 2002 RUSSELL MONTFORD RICK [#104118], 46, of Los Angeles was suspended for two years, stayed, placed on three years of probation with a one-year actual suspension, and was ordered to make restitution and comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect May 16, 2002. Rick stipulated to misconduct in three matters.In a personal injury case in which he represented four clients, Rick settled his clients' claims and paid one of the treating physicians approximately one-third less than a reducing billing he had negotiated. He says he had a private arrangement with the doctor allowing him to collect a fee on the reduced medical balance equal to his contingency fee. However, he did not reveal the arrangement to his clients, who were misled by the amounts he said he would pay the doctor. The difference between the actual bill and the negotiated lower bill belonged to the clients. Rick stipulated that he committed an act of moral turpitude.In another personal injury case, Rick's office manager contacted an individual who was involved in an auto accident, said he was a neighbor and persuaded the man to sign a contingency fee agreement and hire Rick as his lawyer. Rick sent a letter of representation to the insurance company of the other driver and referred the client to a medical clinic for treatment. Several months later, he told the client he could no longer represent him.Rick stipulated that he improperly solicited a client.In the third case, also a personal injury matter, Rick and opposing counsel agreed to a tentative settlement which provided $3,000 to Rick's client in exchange for a release of all claims against the other party.Rick received a photocopy of the settlement draft from opposing counsel, cut out the copy of the settlement draft from the page on which it was copied, endorsed the back and deposited it in his client trust account. By endorsing and depositing for collection a photocopy of a settlement draft, his actions constituted moral turpitude.Rick has a prior record of discipline for submitting false declarations to a court, signing his client's name to an arbitration agreement, failing to perform legal services competently and forming a partnership with a non-lawyer.In mitigation, he cooperated with the bar's investigation.November 2, 2001 RUSSELL MONTFORD RICK [#104118], 46, of Ontario was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension, and was ordered to prove his rehabilitation, take the MPRE within one year and comply with rule 955. The order took effect Nov. 2, 2001. The State Bar Court found that Rick committed acts of misconduct in two matters.In the first, he filed a complaint for property damage and personal injury, but the case was dismissed because Rick failed to serve the complaint on the defendant, although he did provide a courtesy copy to the insurance company. Without advising the insurance company’s counsel about the dismissal, he engaged in discussions about submitting the matter to binding arbitration.The attorney sent a proposed arbitration agreement to Rick with a line for his client’s signature. Rick returned the agreement bearing his client’s forged signature.The insurance company attorney noticed the signature did not match that on another document and challenged Rick, who admitted he signed his client’s name but said he had his power of attorney. The other attorney called the court and learned the case had been dismissed six months earlier.The client fired Rick and obtained new counsel, who moved to set aside the dismissal. In support of that motion, Rick filed a declaration which contained false statements. An amended complaint included a second almost identical declaration by Rick containing false statements.The bar court found that Rick sought to mislead the court and committed an act of moral turpitude.Rick opened a second law office in Santa Maria in 1997, where he employed Dan Aceves, a.k.a. Felipe Enriquez, as a paralegal. It was Aceves/Enriquez’ idea to open the office, and Rick essentially turned over control to him without adequate supervision. Rick never visited the office and shut it down after two or three months.Aceves/Enriquez solicited a minor who had been in an automobile accident, appearing at the client’s home and falsely claiming he’d been referred by two different neighbors. When confronted by the youth’s family, Aceves/Enriquez left and was never seen again.The family called Rick’s Los Angeles office to complain about the paralegal and to inquire about the case. Rick’s office acknowledged he was the client’s attorney and said Aceves/Enriquez no longer represented the office. The client later hired a different lawyer. Rick closed the Santa Maria office and fired Aceves/ Enriquez.The new lawyer asked for the file and put Rick on notice that the paralegal had engaged in capping. Rick then asserted a lien for the value of his services and costs advanced in the personal injury matter and notified the insurance company of the lien.Eventually the new lawyer sent Rick a proposed court order in the case and asked him to relinquish any claim to fees. He also noted the judge was aware of the capping and made a finding on the record that he thought Rick’s office had acted unlawfully and ordered the clerk to make a referral to the State Bar.Nonetheless, Rick proposed that he receive 35 percent of the attorney fees in settlement of the lien claim and asserted that the superior court had no jurisdiction over fee disputes.The bar court found that he failed to perform legal services competently and attempted to collect an illegal fee.In mitigation, Rick has no prior record of discipline. |