Pflugerville, TX 78660-5093
1 January 2018 | Active (7 years, 4 months ago) |
---|---|
2 February 2015 | Inactive (10 years, 3 months ago) |
2 July 2013 | Not eligible to practice law in CA (11 years, 10 months ago) Suspended, failed to pay fees |
11 March 2013 | Not eligible to practice law in CA (12 years, 1 month ago) Suspended, failed to pass Prof.Resp.Exam 10-J-08132 |
1 February 2013 | Inactive (12 years, 3 months ago) |
25 April 2012 | Active (13 years ago) |
24 April 2012 | Inactive (13 years ago) |
11 January 2012 | Not eligible to practice law in CA (13 years, 3 months ago) Discipline w/actual suspension 10-J-08132 |
15 October 2010 | Inactive (14 years, 6 months ago) |
21 October 2008 | Public reproval with/duties 02-O-10849 (16 years, 6 months ago) |
24 May 2006 | Disciplinary charges filed in State Bar Court 02-O-10849 (18 years, 11 months ago) |
14 December 1987 | Admitted to the State Bar of California (37 years, 4 months ago) |
January 11, 2012 MATTHEW JOSEPH FAIRSHTER [#131667], 50, of Los Angeles was suspended for two years, stayed, placed on two years of probation with an actual 90-day suspension and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 11, 2012. Fairshter was suspended for three years in Colorado for misconduct in a bankruptcy matter.He represented a client who filed for bankruptcy because of an adverse judgment in litigation with Stinky Love Inc. (SLI). Fairshter and his firm asked the bankruptcy court in Colorado for permission to continue to represent their client in the SLI litigation in California and sought $284,000 for pre-petition legal services. Although the bankruptcy trustee and SLI opposed hisrequest, Fairshter continued to represent his client in the SLI case. SLI obtained a $6.2 million judgment and the court reduced Fairshter’s pre-petition fee to $150,000.The client sold some property to pay the judgment but didn’t have enough money to pay the claims of the unsecured creditors. He believed Old Standard Insurance Company, the principal lien holder on the property, had been overpaid and employed Fairshter to recover the alleged overpayment. Under the fee agreement, Fairshter’s firm was granted a lien against the client’s assets, including from any recovery in the Old Standard litigation, to ensure payment of attorney’s fees for: $284,000 for pre-petition services; $216,000 for post-petition/pre-confirmation fees and a contingent fee of up to 30 percent for work on the Old Standard litigation. Although the client was advised that he and Fairshter might have conflicting interests, he agreed to the representation.Fairshter did not seek the bankruptcy court’s permission to represent his client in either the Old Standard or the California SLI litigation, nor did he inform the court that he continued to handle the California case. His actions violated federal statute.SLI filed a motion to require that any recovery in the Old Standard litigation be deposited with the bankruptcy court. The court granted the motion and also disallowed Fairshter’s $216,000 fee. Fairshter lost an appeal of the ruling. He also objected to the settlement reached by his client and SLI, but filed his objection late. The bankruptcy court sanctioned him and he lost an appeal of the sanction order.Fairshter was publicly reproved in 2008. In mitigation, he cooperated with the bar’s investigation and his client submitted a declaration stating the he was not harmed by Fairshter’s conduct. |