Joseph Charles Raineri was admitted to the California Bar 7th December 1988, but has since been disbarred. Joseph graduated from Santa Clara University SOL.
Lawyer Information
| Name | Joseph Charles Raineri |
|---|---|
| First Admitted | 7 December 1988 (35 years, 4 months ago) |
| Status | Disbarred |
| Bar Number | 136192 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 408-354-4704 |
| Fax Number | 408-354-1068 |
Schools
| Law School | Santa Clara University SOL (Santa Clara CA) |
|---|---|
| Undergraduate School | Arizona St University (Tempe AZ) |
Address
| Current Address | Law Ofc Joseph C Raineri, PMB 543, 15732 Los Gatos Blvd Los Gatos, CA 95032 |
|---|---|
| Map |
History
| 11 August 2006 | Disbarred (17 years, 8 months ago) Disbarment 04-O-15203 |
|---|---|
| 26 February 2006 | Not eligible to practice law in CA (18 years, 2 months ago) Ordered inactive 04-O1-05203 |
| 27 January 2006 | Not eligible to practice law in CA (18 years, 3 months ago) Discipline w/actual suspension 04-O-11864 |
| 13 November 2005 | Not eligible to practice law in CA (18 years, 5 months ago) Ordered inactive 04-O-15203 |
| 30 September 2005 | Disciplinary charges filed in State Bar Court 04-O-15203 (18 years, 7 months ago) |
| 16 September 2005 | Not eligible to practice law in CA (18 years, 7 months ago) Suspended, failed to pay fees |
| 15 May 2005 | Not eligible to practice law in CA (18 years, 11 months ago) Ordered inactive 04-O-15050 |
| 30 March 2005 | Disciplinary charges filed in State Bar Court 04-O-15050 (19 years, 1 month ago) |
| 18 February 2005 | Not eligible to practice law in CA (19 years, 2 months ago) Ordered inactive 04-O-11864 |
| 15 December 2004 | Disciplinary charges filed in State Bar Court 04-O-11864 (19 years, 4 months ago) |
| 7 December 1988 | Admitted to the State Bar of California (35 years, 4 months ago) |
Discipline Summaries
August 11, 2006 JOSEPH CHARLES RAINERI [#136192], 46, of Los Gatos was disbarred Aug. 11, 2006, and was ordered to comply with rule 955. In a default proceeding, the State Bar Court found that Raineri committed 17 acts of misconduct in five client matters, including failing to perform legal services competently, communicate with clients, promptly release client papers or notify a client of receipt of funds, and he improperly withdrew from representation and committed multiple acts of moral turpitude.In a personal injury case, Raineri did not appear at two case management conferences and the matter was dismissed. He did not inform his clients or take any action to set aside the dismissal.When the client later visited Raineri, he told her he was relocating and planned to operate a winery. However, he said he would continue to represent her interests. As a result, the client retained him to handle another action involving a different accident. Raineri did no work on either case.In a case involving dissolution of a partnership and breach of contract, Raineri did not attend four hearings and after filing a counterclaim on his client’s behalf, did no further work. A new attorney substituted in after the court found Raineri had abandoned the case.He represented the defendants in a civil matter, but did not inform them that their depositions were scheduled, did not respond to a motion to compel their appearance, file a case management conference statement or appear at a hearing. He did not keep his clients abreast of any developments in their case, including the fact that sanctions were imposed against them. The clients were forced to hire a new attorney.In a personal injury case, Raineri received a $10,000 settlement check for his client, forged the client’s signature and deposited the money in his client trust account. He did not tell the client he had received the funds. Raineri used $6,700 of the money for his own purposes.The client hired another attorney who requested distribution of the settlement. When Raineri ignored the request, the client sued him. Raineri sent him a cashier’s check for $10,000 as well as a copy of a letter purportedly sent earlier that showed his efforts to deliver the money to the client. The court found that the letter was part of an effort to mislead the client into thinking Raineri had tried to send the settlement proceeds months earlier.In the final case, Raineri substituted into a matter that he settled for $25,000 in exchange for a release of all claims against his client. No portion of the check was ever paid to the other party or used to satisfy the settlement. Over a two-month period, Raineri caused the full amount to be withdrawn from his client trust account and he did not appear at two court hearings. As a result, the court struck his client’s answer and entered his default.Eventually, on Raineri’s motion, the court set aside the default, vacated the judgment and awarded $3,500 in attorney fees to the other party. When Raineri tried to file a motion to enforce the settlement, the check for the filing fee was returned as unpaid.The case went to mediation, where it settled for $35,000 plus more than $3,500 in attorney fees and costs owed to opposing counsel.The bar court found that Raineri failed to perform legal services competently, maintain client funds in trust, communicate with clients, release client files or notify clients of his receipt of funds. It also found that he committed acts of moral turpitude, improperly withdrew from representation and misappropriated client money.Raineri also was disciplined in 2006 for 10 acts of misconduct in three client matters.January 27, 2006 JOSEPH CHARLES RAINERI [#136192], 46, of Los Gatos was suspended for two years, stayed, actually suspended for 90 days, until he makes restitution and the State Bar Court grants a motion to terminate the suspension and he was ordered to take the MPRE and comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Jan. 27, 2006. In a default proceeding, the bar court found that Raineri committed 10 acts of wrongdoing in three client matters.In the first, a client hired Raineri to represent him in a division of assets with his former domestic partner. Despite numerous phone calls, the client could not reach Raineri so he hired a new lawyer who demanded an accounting of Raineri’s time, a return of the file and a refund of the advance fee. Raineri never responded.In a bankruptcy case, Raineri prepared the petition but did not file it for several months. Prior to the filing, the client called Raineri repeatedly and had a friend call to determine the status of her case. Raineri told the friend the client owed him money and hung up. He did not respond to a letter in which the client threatened to report him to the bar.The client attended a meeting of her creditors, but Raineri sent another attorney in his place. That attorney was unable to answer the bankruptcy trustee’s questions; the trustee asked that amended schedules be filed. Raineri prepared them, but submitted them unsigned. He did not appear at a subsequent meeting of creditors.In another bankruptcy case, the client paid part of the fee and Raineri said he would not file a petition until he had the full fee. He told the client to direct all creditor calls and correspondence to him.Raineri responded to two of many messages left by the client and said he was busy with other cases. He never filed the bankruptcy petition or performed any service of value.The bar court found that he failed to perform legal services competently, release client files, refund unearned fees, render an accounting of client funds or cooperate with the bar’s investigation. In mitigation, he has no prior record of discipline in 15 years of practice. |