Newport Beach, CA 92660
27 September 2012 | Disbarred (12 years, 7 months ago) Disbarment 11-O-14345 |
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3 July 2012 | Not eligible to practice law in CA (12 years, 10 months ago) Suspended, failed to pay fees |
19 May 2012 | Not eligible to practice law in CA (12 years, 11 months ago) Ordered inactive 11-O-14345 |
29 December 2011 | Disciplinary charges filed in State Bar Court 11-O-14345 (13 years, 4 months ago) |
16 December 1985 | Admitted to the State Bar of California (39 years, 4 months ago) |
September 27, 2012 KENDALL RICHARD PAULSON, 51, of Newport Beach was disbarred Sept. 27, 2012, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Paulson stipulated to six counts of misconduct, including misappropriating $95,000, in a civil case in which he represented the defendant. A settlement agreement required the client to pay the plaintiff $95,000; if he failed to pay on time, he was required to pay twice the balance due. Alternatively, he could pay $5,000 within 60 days and $95,000 plus 10 percent interest within a year.The client gave Paulson $40,000 that he deposited in his client trust account. Rather than disbursing the money, Paulson allowed the balance in his trust account to fall below the required amount — dropping to a balance of $2.02 at one point.Because the client did not comply with the settlement, the court entered a final judgment against him of $205,833.34 plus 10 percent interest per year. The client then gave Paulson another $80,000, of which $70,000 was to be added to the original $40,000. Paulson was entitled to $10,000 in fees. He allowed the balance in his trust account to fall to $3.48.The plaintiff hired a new lawyer to collect the settlement funds, which had increased from $95,000 to $205,833.34.Paulson renegotiated a settlement and signed his client’s name to the agreement without his knowledge. He made one payment but not others and the client was served with a Notice of Judgment Debtor Examination. Paulson told his client to ignore the notice and subsequently made a series of misrepresentations to his client, the opposing lawyer and the court.He stipulated that he failed to maintain client funds in trust and committed five acts of moral turpitude by misappropriating client funds and making misrepresentations about the case.In mitigation, Paulson had no discipline record in more than 25 years of practice. |