San Diego, CA 92129
12 December 2011 | Active (13 years, 6 months ago) |
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10 December 2010 | Not Eligible To Practice Law in CA (14 years, 6 months ago) |
8 December 2008 | Active (16 years, 6 months ago) |
1 July 2008 | Not Eligible To Practice Law in CA (16 years, 11 months ago) |
7 June 1989 | Admitted to The State Bar of California (36 years ago) |
December 10, 2010 DAVID JOHN WAYMAN [#140758], 51, of San Diego was suspended for two years, stayed, placed on three years of probation with a one-year actual 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 Dec. 10, 2010. Wayman stipulated to 14 acts of misconduct in three matters.In the first, he used his client trust account to pay personal and business expenses and he wrote a check against insufficient funds in the account. He allowed the balance in the account to fall below the amount he was required to hold for a client and admitted he misappropriated $1,016 from a client, an act of moral turpitude.He represented a single client in two personal injury cases and negotiated settlements of both matters. The client complained some of his doctors had not been paid after Wayman received settlement funds and demanded an accounting. Wayman misstated the amount of money he’d received for settlement of one case and after mediation with the client, he repaid only some of the money. He admitted misappropriating $3,655 from the client.In the third matter, after filing a medical malpractice complaint for a client, he never designated an expert witness or took the deposition of any party or witness. The case was dismissed but he didn’t notify the client or take steps to appeal the ruling. He also handled a personal injury case for the same client but never filed a complaint or took any other action.Wayman stipulated that he failed to perform legal services competently, respond to client inquiries or keep clients informed of developments in their cases, release client files, pay out client funds promptly, account for client funds or cooperate with the bar’s investigation, and he committed acts of moral turpitude by misappropriating client funds and making misrepresentations.In mitigation, he practiced for 21 years without a discipline record. |