San Jose, CA 95126-1724
19 September 2012 | Active (12 years, 7 months ago) |
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23 July 2012 | Not eligible to practice law in CA (12 years, 9 months ago) Suspended, failed to pass Prof.Resp.Exam 08-O-12742 |
17 September 2011 | Active (13 years, 7 months ago) |
18 June 2011 | Not eligible to practice law in CA (13 years, 10 months ago) Discipline w/actual suspension 08-O-12742 |
6 June 1989 | Admitted to the State Bar of California (35 years, 11 months ago) |
June 18, 2011 GERALD HERBERT SCHER [#141175], 48, of Sunnyvale was suspended for one year, stayed, placed on two years of probation with a 90-day 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 June 18, 2011. Scher stipulated to 15 counts of misconduct in five matters.He received a $9,000 settlement in a personal injury case, distributed most of the funds but did not pay two doctors for more than two months or make the final payment to his client for five years. He also did not return his client’s file for more than two years.After settling another personal injury matter for $2,500, he took no further action to have his client sign the release, obtain the money or pay the client’s doctor, who sued the client in small claims court. The client had to hire a new lawyer, but Scher never provided the necessary documents or even advised if they existed. He also did little work for another client, who hired him to handle two cases. Scher eventually withdrew improperly.He stipulated to seven counts of misconduct in a personal injury case he settled for $60,000. He did not pay his client’s lienholders for 18 months, did not appear at a motion to dismiss, didn’t notify his client that she needed an independent medical exam and did not return his client’s binder, containing all relevant documents, for eight months. Over the course of the litigation, prior to the settlement, Scher disobeyed five court orders and was sanctioned $300.His misconduct included failures to perform legal services competently, communicate with clients, pay out client funds promptly, return client files or properly account for client funds, and he improperly withdrew from representation, split fees with a non-lawyer and disobeyed court orders. In mitigation, he had no prior discipline record and after his father passed away, several lawyers left his firm, leaving him with an increased workload. |