Kurt Arthur Kissinger was admitted to the California Bar 13th December 1989, but is now resigned. Kurt graduated from Western State University COL.

Lawyer Information

NameKurt Arthur Kissinger
First Admitted13 December 1989 (35 years, 6 months ago)
StatusResigned
Bar Number144984

Contact

Phone Number949-566-4978

Schools

Law SchoolWestern State University COL (Fullerton CA)
Undergraduate SchoolWestern State University (Fullerton CA)

Address

Current AddressLaw Ofc Kurt A Kissinger, PO Box 2492
Newport Beach, CA 92659
Map

History

17 January 2009Resigned (16 years, 5 months ago)
Resignation with charges pending 08-Q-12272
1 August 2008Not eligible to practice law in CA (16 years, 10 months ago)
Discipline w/actual suspension 03-O-00048
11 June 2008Not eligible to practice law in CA (17 years ago)
Vol.inactive(tender of resign.w/charges) 08-Q-12272
4 March 2005Disciplinary charges filed in State Bar Court 05-O-00591 (20 years, 3 months ago)
27 July 2004Disciplinary charges filed in State Bar Court 03-O-04372 (20 years, 11 months ago)
18 June 2004Disciplinary charges filed in State Bar Court 03-O-02774 (21 years ago)
9 January 2004Disciplinary charges filed in State Bar Court 03-O-00048 (21 years, 5 months ago)
26 March 2002Active (23 years, 2 months ago)
10 January 2002Not eligible to practice law in CA (23 years, 5 months ago)
Discipline w/actual suspension 99-O-11509
13 December 1989Admitted to the State Bar of California (35 years, 6 months ago)

Discipline Summaries

August 1, 2008

KURT A. KISSINGER [#144984], 54, of Newport Beach was suspended for two years, stayed, placed on three years of probation with an actual one-year suspension and he was ordered to take the MPRE within one year and comply with rule 9.20. The order took effect Aug. 1, 2008.

After stipulating in 2004 to misconduct in five cases, Kissinger was accepted in the State Bar alternative discipline program; he established a connection between his mental health issues and his misconduct. He also began to participate in the Lawyers Assistance Program.

In 2006, he withdrew from the LAP because he disagreed with its recommendations. He later tried to be reinstated but he ultimately was terminated from the program.

In the underlying discipline, Kissinger stipulated to 16 counts of misconduct in six cases.

In a divorce case, he did not return his client’s numerous phone calls or keep him apprised of developments in the case, including a request by opposing counsel for additional information to complete the dissolution. He also moved his office and changed his phone number without telling the client.

In a second divorce matter, Kissinger filed a petition for dissolution while he was suspended from practice. When the client, who had paid an advance fee of $2,500, asked him to take the case off calendar and send a bill, he did not respond.

In a personal injury case, he wrote a check on a closed account to pay the filing fee and took no steps to remedy the matter. The client ultimately paid the fee and told the court she was unable to locate Kissinger.

He abandoned an automobile accident case after sending letters of representation to the other driver and the insurance carrier. He officially withdrew a month before the statute of limitations was to expire. A new lawyer recovered on the clients’ property damage claim and filed a malpractice suit against Kissinger, winning a default judgment of $23,285. Kissinger did not report the judgment to the State Bar, as required.

He settled another personal injury case but issued a check against insufficient funds in his general account rather than the trust account. He ultimately covered the balance. However, he did not pay his client’s medical bills.

Kissinger stipulated that he failed to communicate with clients, perform legal services competently, account for client funds, release client files or notify the State Bar of a malpractice judgment against him. He also improperly withdrew from representation and committed acts of moral turpitude.

He failed to comply with probation conditions by not making restitution and by committing further misconduct.

Kissinger also was disciplined in 2002 after stipulating to 15 counts of misconduct in 10 consolidated cases, including trust account problems and failing to properly prosecute a case.

January 10, 2002

KURT A. KISSINGER [144984], 48, of Newport Beach was suspended for two years, stayed, placed on three years of probation with an actual 75-day suspension and was ordered to prove his rehabilitation and take the MPRE within one year. The order took effect Jan. 10, 2002. Kissinger stipulated to 15 counts of misconduct in 10 consolidated cases. Four of the cases were the result of commingling personal and client funds in his trust account. Numerous checks were returned due to insufficient funds, and the account was used to pay business and personal expenses. Four counts were the result of Kissinger's actions in a case where he represented a client in a claim against her landlord to recover property. Although he filed a complaint, he then failed to appear at three hearings and the case was dismissed. He never informed his client. When the client learned of the dismissal, she hired a new attorney, who asked for the file and for a substitution of attorney form. Kissinger did not respond, so the new attorney filed a motion with the court to remove Kissinger as the attorney, to set aside the dismissal and to seek sanctions. Kissinger responded within several days. He also did not account for the $1,732 in advance fees and costs. In the other matters, Kissinger admitted to failing to pay client funds promptly, maintain client funds in a trust account, obey a court order, perform with competence or communicate with a client. He misappropriated nearly $3,000 from one client, did not promptly pay a court-ordered $1,000 sanction and did not pay a small claims judgment a client won against him. In mitigation, Kissinger has no record of prior discipline. He filed for bankruptcy three times, lost his home to foreclosure, his law partnership dissolved, he was going through a bitter custody battle with his ex-wife, and he suffered a back injury. In order to establish a new client base, he operated three offices but did not adequately supervise his employees, one of whom accepted cases without Kissinger's knowledge. He has resolved his trust accounting problems and now operates only one office.