Fresno, CA 93722
10 October 2001 | Disbarred (23 years, 6 months ago) Disbarment 99-O-12365 |
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24 March 2001 | Not eligible to practice law in CA (24 years, 1 month ago) Ordered inactive 99-O-12365 |
17 December 2000 | Not eligible to practice law in CA (24 years, 4 months ago) Ordered inactive 99-0-12365 |
31 October 2000 | Disciplinary charges filed in State Bar Court 99-O-12365 (24 years, 6 months ago) |
12 December 1983 | Admitted to the State Bar of California (41 years, 5 months ago) |
October 10, 2001 THOMAS BRENT RICHEY [#109399], 47, of Fresno was disbarred Oct.10, 2001, and was ordered to comply with rule 955. In a default proceeding, the bar court found Richey committed 27 acts of misconduct in six client matters, including misappropriating client funds, improperly maintaining his client trust fund, failing to perform competently, respond to client inquiries, return files or unearned fees and by withdrawing from employment without protecting clients’ rights.The court found that Richey significantly harmed clients, who had to call or visit his office to reach him or obtain their files. Two clients had to hire new lawyers and one lost her cause of action due to Richey’s failure to act on her behalf.In one matter, a client paid Richey a $5,000 advance fee, which Richey classified as a nonrefundable retainer. When the claim was settled for $7,500, Richey agreed to give the entire amount to the client. He deposited the money in his general business account rather than his trust account and wrote a check to the client for $3,400. After numerous demands, Richey gave the client another $500 four months later. He never paid the remainder of the settlement, and misappropriated $3,600.Another client hired Richey to handle both a personal injury claim and a guardianship case. He did no work on the guardianship matter, and despite his assurances to the contrary, he did not file the personal injury claim within the one-year statute of limitations.Richey did not file a wrongful termination complaint for another client and did not refund a $500 advance fee. He also took no action in a real property matter for another client, who also paid $500. Long after that client fired him and hired another lawyer, Richey sent her a letter, addressed “Dear Client,†which stated he was actively pursuing her case.Richey did not cooperate with the bar’s investigation of the complaints against him.Bar court Judge Eugene Brott recommended Richey’s disbarment, noting that his misconduct included acts of dishonesty or moral turpitude. “No explanation has been offered that might render disbarment inappropriate and the court can glean none,†Brott wrote. “The court has no reason to believe that respondent could or would conform his behavior to the ethical rules.†|