Darla Rae Anderson was admitted to the California Bar 17th September 1982, but has since been disbarred. Darla graduated from University of San Diego SOL.

Lawyer Information

NameDarla Rae Anderson
First Admitted17 September 1982 (42 years, 7 months ago)
StatusDisbarred
Bar Number107563

Contact

Current Email[email protected]
Phone Number805-690-1044
Fax Number805-564-8669

Schools

Law SchoolUniversity of San Diego SOL (San Diego CA)
Undergraduate SchoolUniversity of Nevada (NV)

Address

Current Address1227 De La Vina St
Santa Barbara, CA 93101-3129
Map

History

23 July 2009Disbarred (15 years, 9 months ago)
Disbarment 05-O-03058
26 December 2008Not eligible to practice law in CA (16 years, 4 months ago)
Ordered inactive 05-O-03058
21 December 2008Not eligible to practice law in CA (16 years, 4 months ago)
Discipline w/actual suspension 03-O-02481
8 September 2008Not eligible to practice law in CA (16 years, 7 months ago)
Ordered inactive 07-O-10103
27 June 2008Not eligible to practice law in CA (16 years, 10 months ago)
Ordered inactive 05-O-03058
24 June 2008Disciplinary charges filed in State Bar Court 07-O-10103 (16 years, 10 months ago)
25 October 2007Disciplinary charges filed in State Bar Court 05-O-03058 (17 years, 6 months ago)
1 September 2007Not eligible to practice law in CA (17 years, 8 months ago)
Ordered inactive 03-O-02481
2 March 1987Active (38 years, 2 months ago)
1 January 1985Inactive (40 years, 4 months ago)
17 September 1982Admitted to the State Bar of California (42 years, 7 months ago)

Discipline Summaries

July 23, 2009

DARLA R. ANDERSON [#107563], 52, of Santa Barbara was disbarred July 23, 2009, and was ordered to comply with rule 9.20.

In a default proceeding, the State Bar Court found that Anderson committed 17 of 24 charged counts of misconduct in six client matters.

Among other things, Anderson misappropriated $1,876 in settlement proceeds from a client, failed to perform in five separate client matters and failed to refund unearned fees, totaling $1,738, in two of those five matters.

She filed a wrongful termination complaint against Starbucks, which succeeded in moving the case from state to federal court. Anderson subsequently did not file responses to various motions or attend hearings and the case was dismissed with prejudice. She did not inform her client of several developments in the case, and the court approved a $4,526.60 bill of costs against the client in favor of Starbucks.

The client won a $1.5 million default judgment in a malpractice complaint against Anderson, which she did not report to the bar.

In the second matter, Anderson was hired to prepare corporate documents for a couple, but she did not do so. She did not respond to the clients’ numerous phone messages and letters or refund any part of the $1,138 in unearned fees she received.

In a trademark infringement case filed in federal court in Utah, Anderson hired a local law firm as co-counsel. She did not disclose the division of legal fees to her client or obtain the client’s written consent. She was sanctioned after filing a late answer to the opposing party’s motion, but did not notify her client. When she did not produce documents by a court deadline, the client fired her and hired the other law firm.

Anderson billed the client almost $43,000 without providing a billing statement or an itemized summary of the work. And it was only after she was fired that the client learned it owed legal fees to the local law firm. When she did not provide the file or the discovery documents, the other party demanded another $13,561 from the client for costs and fees.

In another matter, Anderson misappropriated $1,876 from a client for whom she received settlement checks. Al-though she issued three checks to the client, she did not have sufficient funds in her trust account to cover the checks.

Anderson appealed an order granting summary judgment to the opposing party in a wrongful termination case, but the appeal was dismissed because she never filed a case information statement. She did not notify her client. The client‘s wife received a copy of the abstract of judgment for $10,291 in legal fees in the mail and for the next six months, and on approximately 123 occasions, Anderson, the client or the client’s wife communicated by e-mail, telephone or in person. Anderson continually misrepresented that she was actively working on a motion to set aside the cost judgment, a stipulation to set aside the judgment for costs, and a brief for the appeal of the order of summary judgment. She ultimately made two misrepresentations about efforts to set aside the judgment for costs, telling the client a stipulation had been reached that was pending before the court.

The bar court also found that Anderson wrote checks against insufficient funds in her client trust account.

Anderson also was disciplined in 2008 after she stipulated to 13 counts of misconduct in seven matters, including failing to perform legal services, communicate with clients, refund unearned fees and maintain client funds in a trust account, and she engaged in the unauthorized practice of law and violated a court order.

December 21, 2008

DARLA RAE ANDERSON [#107563], 51, of Santa Barbara was suspended for three years, stayed, placed on five years of probation with an actual one-year suspension and was ordered to take the MPRE, comply with rule 9.20 and prove her rehabilitation. The order took effect Dec. 21, 2008.

Anderson stipulated to misconduct after enrolling in the Alternative Discipline Program for lawyers with substance abuse or mental health issues. Although she participated successfully for a lengthy period of time, she was terminated in 2008 for failing to comply with court orders or cooperate with the bar in its investigation of other matters.

Anderson had stipulated in 2005 to six counts of misconduct in two matters.

She represented a client whose benefits under her long-term disability policy were terminated. She filed suit in federal court but the case was dismissed after the defendant moved for dismissal and Anderson did not file an opposition. Rather than inform her client, she told her the defendants were willing to settle. Anderson later created an eight-page fake settlement agreement for $175,000 that the client signed.

Anderson issued a check for $131,500 to the client against insufficient funds.

The client sued Anderson for malpractice, breach of fiduciary duty and fraud. She failed to appear at two depositions and was sanctioned $2,076. When she did not appear at an order to show cause hearing, the court found her in contempt and ordered her arrest. Anderson also did not give the client’s file to a new lawyer and until she herself hired a lawyer to defend her in the malpractice case.

She stipulated that she failed to perform legal services competently or release a client file and committed acts of moral turpitude.

In a second matter, she defended a corporation in a wrongful termination case, but sanctions were imposed when Anderson did not respond to discovery motions. When plaintiffs counsel notified Anderson it would seek terminating sanctions, resulting in a default judgment against her client, she neither responded to discovery nor informed her client. The court ordered a judgment of more than $300,000 against Anderson’s client.

Rather than notify the company, she led it to believe litigation was ongoing, including statements that depositions had been taken and trial was expected later in the year.

Anderson stipulated that she committed acts of moral turpitude, failed to perform legal services with competence and failed to keep her client informed of developments in its case.

In mitigation, she agreed to pay the first client $190,000 to settle her claims, and she refunded more than $20,000 to the corporate client. She also had no prior discipline record.

The State Bar Court has recommended Anderson’s disbarment in another proceeding that involves similar misconduct; the court found she committed 17 acts of misconduct in six matters. The disbarment recommendation is pending.