Santa Ana, CA 92702
24 February 2013 | Disbarred (12 years, 2 months ago) Disbarment 12-N-13353 |
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30 September 2012 | Not eligible to practice law in CA (12 years, 7 months ago) Ordered inactive 12-N-13353 |
13 September 2012 | Disciplinary charges filed in State Bar Court 12-O-15837 (12 years, 7 months ago) |
10 August 2012 | Active (12 years, 8 months ago) |
5 June 2012 | Disciplinary charges filed in State Bar Court 12-N-13353 (12 years, 11 months ago) |
9 February 2012 | Not eligible to practice law in CA (13 years, 2 months ago) Discipline w/actual suspension 11-O-13376 |
1 October 2003 | Active (21 years, 7 months ago) |
16 September 2003 | Not eligible to practice law in CA (21 years, 7 months ago) Suspended, failed to pay fees |
16 September 2003 | Not eligible to practice law in CA (21 years, 7 months ago) Admin Inactive/MCLE noncompliance |
27 August 2003 | Not eligible to practice law in CA (21 years, 8 months ago) Discipline w/actual suspension 01-O-02822 |
6 June 1989 | Admitted to the State Bar of California (35 years, 11 months ago) |
February 24, 2013 KEVIN PATRICK KELLEY [#140462], 55, of Santa Ana was disbarred Feb. 24, 2013, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Kelley stipulated to four counts of misconduct in three matters, two involving his failure to comply with the probation conditions of a 2012 disciplinary order. He did not comply with rule 9.20 by failing to submit a declaration that he notified his clients, opposing counsel and other interested parties of his suspension. He also failed to provide quarterly probation reports by the deadline or contact the State Bar’s probation office.Kelley also admitted he failed to perform legal services competently for a client who hired him for a loan modification and bankruptcy. He performed no services of value and did not refund any of a $7,800 advance fee.Kelley has been disciplined three times previously. He was privately reproved in 2000 for writing multiple checks from his client trust account unrelated to client matters and for depositing personal funds in the account. In 2003, he was suspended for failing to maintain client funds in his trust account and for commingling.In the underlying matter that led to his admission of probation violations, Kelley stipulated to misconduct in four loan modification cases he agreed to handle in states where he is not admitted to practice. He admitted that he collected illegal fees, improperly held himself out as eligible to practice, commingled funds and although he agreed to reimburse his clients, he issued checks using trust account funds that did not belong to them.In mitigation, he cooperated with the bar’s investigation.February 9, 2012 KEVIN PATRICK KELLEY [#140462], 55, of Santa Ana was suspended for two years, stayed, placed on three years of probation with an actual six-month suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Feb. 9, 2012. Kelley stipulated to misconduct in four loan modification cases he agreed to handle in states where he is not admitted to practice. He admitted that he collected illegal fees and improperly held himself out as eligible to practice. He also commingled funds and although he agreed to reimburse his clients, he issued checks using trust account funds that did not belong to them.Kelley was disciplined twice previously: he was privately reproved in 2000 and suspended in 2003, both times for failing to deposit client funds in a trust account. In mitigation, his clients were not harmed and he agreed to reimburse those who asked for a refund.August 27, 2003 KEVIN PATRICK KELLEY [#140462], 46, of Santa Ana was suspended for one year, stayed, and placed on two years of probation with an actual 30-day suspension. The order took effect Aug. 27, 2003. Kelley received settlement funds that he deposited in his client trust account, but the check he sent to his client was returned for insufficient funds. Kelley then wrote a cashier's check for the amount. He stipulated that he allowed the balance in his trust account to fall below the required amount. He also commingled personal and client funds in the account. In mitigation, Kelley was under financial stress that interfered with his ability to hire staff to properly monitor his trust account and with his ability to maintain a personal business account. He filed for bankruptcy. He has completed client trust accounting school, has moved his practice away from personal injury and rarely is in possession of client funds. |