Oakland, CA 94612
25 February 2009 | Disbarred (16 years, 3 months ago) Disbarment 07-O-11512 |
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19 September 2008 | Not eligible to practice law in CA (16 years, 9 months ago) Ordered inactive 07-O-11512 |
28 April 2008 | Disciplinary charges filed in State Bar Court 08-O-11076 (17 years, 1 month ago) |
19 October 2007 | Disciplinary charges filed in State Bar Court 07-O-11512 (17 years, 8 months ago) |
5 April 2007 | Not eligible to practice law in CA (18 years, 2 months ago) Discipline w/actual suspension 06-O-10266 |
2 May 2006 | Disciplinary charges filed in State Bar Court 06-O-10266 (19 years, 1 month ago) |
22 July 2005 | Active (19 years, 11 months ago) |
18 June 2005 | Not eligible to practice law in CA (20 years ago) Discipline w/actual suspension 03-O-04373 |
8 November 2002 | Private reproval, public disclosure 02-C-10099 (22 years, 7 months ago) |
25 January 2002 | Conviction record transmitted to State Bar Court 02-C-10099 (23 years, 5 months ago) |
21 February 1986 | Admitted to the State Bar of California (39 years, 4 months ago) |
February 25, 2009 FRANCIS J. McGREW [#122523], 53, of Oakland was disbarred Feb. 25, 2009, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that McGrew committed eight acts of misconduct, including practicing law while not entitled, committing acts of moral turpitude and failing to cooperate with the bar’s investigation.Prior to his 2007 suspension, McGrew represented a client in a criminal case. Once suspended, he did not advise the court of his change of status and allowed a preliminary examination and conference to be held. He did not appear for the examination, telling the court he was ill. The court learned McGrew was suspended and a public defender made a special appearance. He later told the client he could no longer represent him.He continued to represent a second criminal defendant without notifying the court of his suspension. During a meeting with the judge and the district attorney, the DA informed the court of McGrew’s suspension and he withdrew as counsel. The client represented himself.By misrepresenting his status to his client, the court and opposing counsel, McGrew committed acts of moral turpitude.McGrew also was suspended in 2005 but violated the terms of his probation. He did not file quarterly probation reports on time, submit drug test results to the probation office or provide proof of attendance at abstinence-based group meetings. McGrew also did not comply with similar probation conditions attached to the 2007 suspension.He also was disciplined in 2002 for a misdemeanor and failure to return unearned fees. He stated at the time he was suffering from chemical dependency.Although McGrew told the bar court that he practiced law for 22 years and regrets his actions, the court rejected his arguments because he “has committed professional misconduct in the last seven years.†He has not “learned from his mistakes and is incapable of conforming his conduct to ethical standards,†wrote Judge Pat McElroy, who also noted that McGrew’s repeated misconduct placed a heavy burden on the bar court and the disciplinary system.April 5, 2007 FRANCIS JOSEPH McGREW [#122523], 50, of Oakland was suspended for three years, stayed, placed on three years of probation with an actual 18-month suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 9.20. The order took effect April 5, 2007. McGrew stipulated to misconduct in two matters. He failed to comply with probation conditions attached to a 2004 discipline — he failed to submit a quarterly probation report, submit to drug testing on two occasions, provide drug test results to the bar's probation office, pay restitution in a timely fashion or take the MPRE. He also was required to attend Alcoholics Anonymous or similar therapy and report his attendance, but he did not do so, submitted a false drug screening report to the probation office and submitted two quarterly probation reports late. Providing a false drug test result constituted moral turpitude.In a criminal matter in which he represented the defendant, McGrew did not notify the judge he would be unable to appear for a month because he was to be suspended. Instead, he said he would be unavailable for a variety of other reasons. He admitted that he misled a judge.The original discipline was imposed for McGrew's failure to refund an unearned fee and for failing to comply with conditions attached to a 2002 private reproval.June 18, 2005 FRANCIS JOSEPH McGREW [#122523], 49, of Oakland was suspended for one year, stayed, placed on three years of probation with a 30-day actual suspension and was ordered to make restitution and take the MPRE within one year. The order took effect June 18, 2005. McGrew stipulated to misconduct in two cases. In the first, he failed to appear for two scheduled court hearings; his client dismissed him and sought a refund of unearned advance fees. McGrew has paid $3,000 toward the amount owed and agreed to repay a total of $5,500.In the second matter, he failed to comply with the conditions of a private reproval: he did not file seven quarterly reports on time, did not make full restitution or attend ethics school.In mitigation, McGrew cooperated with the bar’s investigation. |