Hemet, CA 92544
10 April 2010 | Disbarred (15 years, 2 months ago) Disbarment 05-O-04057 |
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26 October 2009 | Not eligible to practice law in CA (15 years, 7 months ago) Ordered inactive 05-O-04057 |
12 August 1985 | Admitted to the State Bar of California (39 years, 10 months ago) |
April 10, 2010 KEVIN ANDREW SPEIR [#119044], 55, of Hemet was disbarred April 10, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Speir committed acts of moral turpitude by misappropriating more than $40,000 from four clients and he never deposited additional settlement funds in his trust account for a fifth client.In one matter, for example, Speir misappropriated $9,000 from a personal injury client. He settled the matter for $12,500, endorsing the settlement check with his client’s name and depositing the check in his trust account. He made no disbursements to the client or her doctors. Although he admitted he withdrew the client’s money for his own purposes, he said he did so only after the client agreed to loan him money for “a couple of weeks.†Judge Donald Miles said Speir’s testimony was not “credible or convincing.†He misappropriated more than $25,000 from a client he represented in her divorce. He received almost $30,000 from opposing counsel from the sale of the home the client owned with her ex-husband Although he deposited the money in his client trust account, he did not disburse any funds to the client and made four cash withdrawals from her funds.Again, Speir testified that the client loaned him the money in exchange for his agreement not to charge her any additional fees. The client said she never agreed to such an arrangement.In mitigation, he had no prior discipline record, cooperated with the bar’s investigation and he repaid his clients prior to disciplinary charges.In recommending Speir’s disbarment, Miles said the mitigation was not significant enough to outweigh “the significant nature and magnitude of the misconduct and the substantial aggravating factors. . . . The protection of both the public and the profession dictate that an order of disbarment be imposed.†|