Duane Lyman McCollum was admitted to the California Bar 4th December 1990, but has since been disbarred. Duane graduated from Southwestern University SOL.

Lawyer Information

NameDuane Lyman McCollum
First Admitted4 December 1990 (33 years, 5 months ago)
StatusDisbarred
Bar Number150239

Contact

Phone Number951-784-9310
Fax Number951-784-9312

Schools

Law SchoolSouthwestern University SOL (Los Angeles CA)
Undergraduate SchoolPepperdine University (Malibu CA)

Address

Current AddressLaw Office of Jason Walsh, 3631 Tenth Street, Suite 218
Riverside, CA 92501-3657
Map

History

9 September 2005Disbarred (18 years, 8 months ago)
Disbarment 03-O-04761
11 December 2004Not eligible to practice law in CA (19 years, 5 months ago)
Ordered inactive 03-O-04761
10 September 2004Not eligible to practice law in CA (19 years, 8 months ago)
Ordered inactive 03-O-04761
1 July 2004Disciplinary charges filed in State Bar Court 03-O-04761 (19 years, 10 months ago)
1 September 2001Not eligible to practice law in CA (22 years, 8 months ago)
Suspended, failed to pay fees
1 September 2001Not eligible to practice law in CA (22 years, 8 months ago)
Admin Inactive/MCLE noncompliance
17 July 2001Active (22 years, 10 months ago)
13 July 2001Not eligible to practice law in CA (22 years, 10 months ago)
4 December 1990Admitted to the State Bar of California (33 years, 5 months ago)

Discipline Summaries

September 9, 2005

DUANE L. McCOLLLUM [#150239], 45, of Riverside was disbarred Sept. 9, 2005, and was ordered to comply with rule 955.

In a default proceeding, the State Bar Court found that McCollum committed 35 acts of misconduct in several matters stemming from a wrongful termination case, including taking $19,114 in client funds for his own use.

In the first matter, he represented the plaintiff, who sued his employer. Over the course of the case, he was sanctioned six times for not responding to discovery requests or for producing inadequate discovery, he did not respond to the opposition’s motion for summary judgment, which was granted, and he committed acts of moral turpitude by making misrepresentations to the defense counsel and concealing the status of his client’s case.

He did not pay any of the sanctions, which totaled $5,417, nor did he tell his client about the sanction orders. In addition, he did not inform his client that motions to compel discovery were filed or that summary judgment was granted.

The client gave McCollum $4,500 to pay a court reporting bill, but McCollum kept the money and never paid the bill. When the client fired McCollum, he refused to sign a substitution of attorney form or return the client’s file.

McCollum represented the same client when the employer sued him for breach of contract and breach of fiduciary duty. Again, he did not produce documents or respond to interrogatories and his client’s default was entered. A new lawyer’s effort to set aside the default was denied; the court found the default was entered due to McCollum’s gross mishandling of the case.

Judgment of $203,979.41 was entered against McCollum’s client.

McCollum also did not make good on his promise to file a federal action against the client’s employer for alleged theft of his personal records and violating his privacy rights. He cashed a $500 check for filing fees but never filed the action.

During the course of his representation, McCollum asked the client to loan him a total of $14,114 six separate times — $2,000 for sanctions, $4,000 as a personal loan, and the remainder was for McCollum’s malpractice insurance premiums which he said were to protect the client’s interests. McCollum cashed all the checks without using them for the purposes for which they were given.

The bar court found that McCollum failed to perform legal services competently, obey a court order, communicate with a client, maintain respect for the courts, deliver client funds promptly, return client files, render accounts, avoid interests adverse to a client, cooperate with the bar’s investigation or update his membership address. He also maintained an unjust action, withdrew from employment improperly and committed seven acts of moral turpitude.

In recommending McCollum’s disbarment, Judge Richard Honn said his misconduct “reflects a blatant disregard of professional responsibilities. [McCollum] . . . flagrantly breached his fiduciary duties to his client and abused his trust as his attorney.”