Sacramento, CA 95813
21 August 2010 | Disbarred (14 years, 8 months ago) Disbarment 08-O-10644 |
---|---|
28 February 2010 | Not eligible to practice law in CA (15 years, 2 months ago) Ordered inactive 08-O-10644 |
27 November 2009 | Not eligible to practice law in CA (15 years, 5 months ago) Ordered inactive 08-O-10644 |
1 July 2009 | Not eligible to practice law in CA (15 years, 10 months ago) Admin Inactive/MCLE noncompliance |
2 July 2008 | Active (16 years, 10 months ago) |
1 July 2008 | Not eligible to practice law in CA (16 years, 10 months ago) Suspended, failed to pay fees |
5 May 2003 | Active (22 years ago) |
2 April 2003 | Not eligible to practice law in CA (22 years, 1 month ago) Discipline w/actual suspension 01-O-03908 |
16 June 1989 | Admitted to the State Bar of California (35 years, 10 months ago) |
August 21, 2010 MARYELLEN LAUMBACH [#141093], 53, of Sacramento was disbarred Aug. 21, 2010, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Laumbach committed nine acts of misconduct in three matters, including misappropriating nearly $60,000 from two clients, and failures to maintain client funds in trust, pay out client funds promptly, release client files, perform legal services competently or cooperate with the bar’s investigation, and she improperly withdrew from representation. In a divorce matter in which she represented the husband, Laumbach received a check for $100,020 from the sale of her client’s home and made authorized distributions of $34,403. However, she then transferred the $68,373.22 balance into her client trust account and spent about $12,000 for her personal use. She later gave her client everything he was owed. However, she misappropriated $29,007. She eventually paid the wife $32,329.29, representing what she was owed from the sale of the house, using another client’s funds.In a second matter, a client hired Laumbach to handle distribution of his mother’s estate. She sued a construction company that had not repaid a loan from the mother; the lawsuit settled when the construction company agreed to repay the money and gave Laumbach a check for $30,000. The son was entitled to the full amount. Instead, Laumbach used the money to pay the wife in the divorce case described above. A new attorney unsuccessfully demanded that Laumbach pay her client the $30,000.In the third matter, a husband and wife hired Laumbach to represent them regarding a fraudulent real estate transaction. She filed a lawsuit and represented the couple for two years, but when the court denied a motion to compel discovery due to shortcomings in Laumbach’s motion, she didn’t refile or notify her clients and stopped working on the case.Laumbach was disciplined in 2003 for misconduct in two client matters, including failing to perform legal services competently, communicate and or cooperate with the bar’s investigation.April 2, 2003 MARYELLEN LAUMBACH [#141093], 46, of Sacramento was suspended for one year, stayed, placed on two years of probation with an actual 30-day suspension and was ordered to take the MPRE within one year. The order took effect April 2, 2003. Laumbach stipulated to five counts of misconduct in three cases. She failed to perform legal services competently or respond to her client's status inquiries in a medical malpractice case in which she represented the plaintiff. She did not oppose three motions for summary judgment filed by six defendants and the court dismissed the action when she failed to appear at a hearing. She did not inform her client about key developments in the case, despite the client's repeated phone calls. The defendants obtained judgments for costs against her client totaling more than $20,000. Laum-bach did nothing to oppose the judgments or to limit her client's liability for costs. The client learned of the judgment when she received a collection notice. Laumbach filed a wrongful termination lawsuit in the wrong county because she faced in imminent deadline and did not have time to do the filing in the right county. She later transferred the case to the correct county, but seven months later was sanctioned $250 for failing to serve the defendants. The client hired a new lawyer, who determined the complaint Laumbach filed did not state a cause of action. The court denied the new lawyer's motion to amend the complaint because the statute of limitations barred the new causes of action. The client was forced to abandon her case. Laumbach stipulated that she failed to perform legal services competently or respond to her client's reasonable status inquiries. She also stipulated that she did not cooperate with the bar's investigation. In mitigation, Laumbach has no prior record of discipline. |