San Clemente, CA 92672
25 July 1998 | Resigned (26 years, 9 months ago) Resignation with charges pending 98-Q-02525 |
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22 May 1998 | Not eligible to practice law in CA (26 years, 12 months ago) Vol.inactive(tender of resign.w/charges) 98-Q-02525 |
16 April 1998 | Not eligible to practice law in CA (27 years, 1 month ago) Discipline w/actual suspension 96-O-02570 |
17 May 1997 | Not eligible to practice law in CA (28 years ago) Discipline w/actual suspension 94-O-13807 |
27 November 1996 | Disciplinary charges filed in State Bar Court 96-O-02570 (28 years, 5 months ago) |
18 November 1996 | Not eligible to practice law in CA (28 years, 6 months ago) Ordered inactive 94-O-13807 |
14 March 1996 | Disciplinary charges filed in State Bar Court 94-O-13807 (29 years, 2 months ago) |
29 December 1983 | Admitted to the State Bar of California (41 years, 4 months ago) |
April 16, 1998 ROBERT S. ROBERTSON [#112463], 39, of San Clemente was suspended for one year, stayed, and placed on one year of probation with an actual six-month suspension. The periods of suspension and probation shall be consecutive to a discipline order which began May 17, 1997. The order took effect April 16, 1998. In a default matter, the State Bar Court found that Robertson failed to return a client's file after his employment was terminated in a civil case. For two months, his ex-client's new attorney placed 32 phone calls and faxes to Robertson seeking return of the file. Robertson never responded. Even after the superior court ordered the return of the file, he still did not comply. A letter of inquiry about the matter sent to Robertson by the State Bar was returned as undeliverable and he was enrolled inactive in 1996 for failing to pay bar dues. Robertson also was disciplined last year for failing to perform legal services competently, commingling funds and failing to notify a client of receipt of funds. He resigned from the bar in May.May 17, 1997 ROBERT S. ROBERTSON [#112463], 39, of San Clemente was suspended for three years, stayed, and placed on probation for four years on the condition that he is actually suspended for two years and until he makes restitution and provides proof of his fitness to practice. He also was ordered to pass the MPRE and comply with rule 955. The order took effect May 17, 1997. In this default decision, Robertson was found culpable of misconduct involving three client matters. In one matter, he failed to competently perform legal services when he neglected to file a motion for relief from default and jeopardized his clients' civil case when he failed to timely designate witnesses. In addition, he failed to inform the clients of significant case developments and promptly inform them of a written settlement offer of $30,000. The clients hired a new attorney who subsequently obtained a $7,000 settlement. In another instance, Robertson was found culpable of failing to notify a client of the receipt of funds after he was hired to collect delinquent accounts on behalf of a business. In a third matter, he commingled funds when he allowed a travel agency to pass thousands of dollars through his client trust account for the purpose of booking hotel reservations. Aggravating circumstances included the significant harm to his clients and his failure to participate in bar disciplinary proceedings prior to the entry of default. Robertson has no prior record of discipline since his admission to the bar in 1983, a factor presented in mitigation. |