Immigration
Wills & Probate
Current Email | [email protected] |
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Previous Email | [email protected] |
Previous Email | [email protected] |
Previous Email | [email protected] |
Phone Number | 619-548-5232 |
Fax Number | (619) 234-7430 |
Law School | California Western SOL (San Diego CA) |
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Undergraduate School | San Francisco State Unv (San Francisco CA) |
Current Address | Law Office of Janet Clare Miller, 2552 F St San Diego, CA 92102-2736 |
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Previous Address | Janet Clare Miller Attorney at Law 2552 F St San Diego, CA 92102 |
Previous Address | Men's Legal Center, Family Law Advocates 940 C St San Diego, CA 92101-5520 |
3 September 2009 | Discipline, probation; no actual susp. 05-O-03562 (15 years, 9 months ago) |
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3 December 1982 | Admitted to the State Bar of California (42 years, 6 months ago) |
September 3, 2009 JANET CLARE MILLER [#106018], 57, of San Diego was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Sept. 3, 2009. Miller stipulated that she improperly withheld a client’s entrusted funds.She substituted into a divorce matter in which both parties agreed to contribute $7,000 from their share of equity in their home to pay some $14,000 in credit card debt. The wife hired Miller, for advanced fees of $1,500, to help resolve remaining unpaid balances.The escrow company issued a check for $5,447, payable to Miller and her client; Miller deposited the check in her client trust account with the understanding that she would attempt to negotiate and pay credit card debts owed by the now-divorced couple. She settled one debt, leaving a balance of $3,871 in her trust account.Several months later, the wife demanded that Miller return the advance fees as well as the “monies of the escrow checks.†Although Miller offered to do so, she said she preferred to finish the job for which she’d been hired. She also included a substitution of attorney form if the client wished to end the representation and said she would file the form with the court.The client filed the substitution form, but Miller had not returned the entrusted funds and the client continued to ask her to work on her case. The client did not respond to Miller’s offer to give her $2,200 and keep the rest for legal services. The client also refused a later effort to agree to the offer, demanding a full refund of the $3,871. Miller later told the client, “I am not withholding funds to which you are entitled,†a statement that was legally incorrect, according to the stipulation.Following fee arbitration, Miller gave the client a check for $3,402 and was awarded a fee of $558.In mitigation, Miller has no discipline record, has an extensive history of pro bono community and bar service, and had an honest but mistaken belief that she could withhold the client’s entrusted funds until the fee dispute was resolved. |
Other Languages Spoken by this Attorney | French Spanish |
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Other Language Spoken by the Law Office Staff | Spanish |