James Micheal Kearney III was admitted to the California Bar 4th December 1990, but has since been disbarred. James graduated from UCLA SOL.
Lawyer Information
| Name | James Micheal Kearney III |
|---|---|
| First Admitted | 4 December 1990 (33 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 151880 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 909-447-6780 |
| Fax Number | 909-447-6783 |
Schools
| Law School | UCLA SOL (Los Angeles CA) |
|---|---|
| Undergraduate School | Harvard University (Cambridge MA) |
Address
| Current Address | 456 W San Jose Ave #A Claremont, CA 91711-6009 |
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| Map |
History
| 23 March 2007 | Disbarred (17 years, 1 month ago) Disbarment 05-O-00309 |
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| 19 October 2006 | Not eligible to practice law in CA (17 years, 6 months ago) Ordered inactive 05-O-00309 |
| 21 December 2005 | Disciplinary charges filed in State Bar Court 05-O-00309 (18 years, 4 months ago) |
| 4 December 2000 | Active (23 years, 5 months ago) |
| 20 October 2000 | Not eligible to practice law in CA (23 years, 6 months ago) Discipline w/actual suspension 97-O-16583 |
| 5 August 1997 | Active (26 years, 9 months ago) |
| 5 July 1997 | Not eligible to practice law in CA (26 years, 10 months ago) Suspended, failed to pass Prof.Resp.Exam 94-O-15938 |
| 20 June 1997 | Active (26 years, 10 months ago) |
| 12 August 1996 | Not eligible to practice law in CA (27 years, 8 months ago) Suspended, failed to pay fees |
| 8 June 1996 | Not eligible to practice law in CA (27 years, 11 months ago) Discipline w/actual suspension 94-O-15938 |
| 22 March 1995 | Active (29 years, 1 month ago) |
| 15 February 1995 | Disciplinary charges filed in State Bar Court 94-O-15938 (29 years, 2 months ago) |
| 25 July 1994 | Not eligible to practice law in CA (29 years, 9 months ago) Admin Inactive/MCLE noncompliance |
| 4 December 1990 | Admitted to the State Bar of California (33 years, 5 months ago) |
Discipline Summaries
March 23, 2007 JAMES MICHAEL KEARNEY III [#151880], 40, of Claremont was disbarred March 23, 2007, and was ordered to comply with rule 955. The State Bar Court found that Kearney committed numerous acts of misconduct in two matters, including acts of moral turpitude.He represented a client who wished to file a breach of contract claim against a dentist regarding the sale of a dental office. Kearney sent a draft complaint to his client, stating that it would be filed in the Santa Anita district of the Los Angeles Superior Court. He then notified the dentist about the case, which he said would be settled if the dentist paid Kearney’s client $24,000. It was the first the dentist heard about the matter.Several months later, Kearney sent his client another draft complaint and said it would be filed in the Rio Hondo district of the L.A. Superior Court. The client had paid $2,700 in five payments for Kearney’s work.More than two years later, Kearney told the client he had filed a complaint and judgment had been entered against the dentist. Neither statement was true. He did not respond to the client’s suggestion that a lien be placed on the dentist’s home and a debtor’s examination be conducted.The client gave him an additional $500 fee.Kearney told the client he was pursuing efforts to collect on the judgment, continued to send purported legal documents and at one point, sent a $2,000 check meant to be the first installment of the settlement. He did not respond to the client’s demands for a copy of the judgment and other court documents, nor did he send any more money.When the client hired a new lawyer, he learned no complaint had been filed and the statute of limitations had expired.Kearney agreed to pay the maximum award his client could have won, $1,000 per month interest and the client’s legal fees, for a total of $35,000. He provided seven checks but each bounced. The client was able to recover only $2,372.50.The bar court found that Kearney failed to perform legal services competently or communicate with a client and he committed acts of moral turpitude by making numerous misrepresentations to the client.At a time when Kearney had no civil jury trial experience and had never filed a civil appeal, he filed a wrongful death case against the state of California. The court ruled the state was immune from liability.He then filed a notice of appeal but did not pay the clerk’s transcript fee and the appeal was dismissed. Two other fees had been paid late. The court found that he failed to perform legal services competently or communicate with his clients by not informing them that additional fees were required.Kearney has two prior disciplines.The bar court recommended his disbarment because of “the very serious nature of the misconduct as well as the self-interest and protracted dishonesty underlying [Kearney’s] actions.†In addition, wrote Judge Robert M. Talcott, earlier similar misconduct suggests he “is capable of future wrongdoing and raise(s) concerns about his ability or willingness to comply with his ethical responsibilities.â€October 20, 2000 JAMES M. KEARNEY III [#151880], 35, of Pomona was suspended for two years, stayed, placed on three years of probation with an actual 45-day suspension, and was ordered to prove his rehabilitation and take the MPRE within one year. The order took effect Oct. 20, 2000. Kearney stipulated to misconduct in three matters.He was suspended from practice in 1996 and submitted three quarterly probation reports which falsely stated that he had not engaged in the practice of law.In fact, he represented a client in an appeal of a criminal conviction, collecting a $1,500 retainer without disclosing his suspension. He did no work on the case and returned the retainer.In 1992, Kearney filed a medical malpractice action on behalf of a client’s baby. As the case progressed, it became clear the child’s injuries had healed and the case had become worthless. Instead of withdrawing, Kearney abandoned the matter by failing to respond to discovery requests, file motions or attend a hearing. He did not inform his client that the case was dismissed.Nine months later, his client gave permission to settle the case for $15,000, most of it to be paid over six months. Kearney did not tell her he personally would pay the settlement. He subsequently made nine payments, totaling $5,400, each accompanied by a letter in which Kearney said the payments were from the defendants in the dismissed lawsuit.His client eventually learned the truth when she sued Kearney for malpractice and misappropriation of settlement funds. Several attorneys familiar with similar cases reviewed the matter and evaluated it as worth less than the $5,400 the client received.Kearney stipulated to practicing law while suspended, failure to perform legal services competently or to keep his client informed about developments in her case, and committing acts of moral turpitude.The underlying suspension was for inattention to duties and for one count of unauthorized practice by volunteering as a pro tem judge for three days in 1994 while suspended for failing to comply with MCLE requirements.In mitigation, Kearney had serious family problems which led to depression and financial problems.June 8, 1996 JAMES M. KEARNEY III [#151880], 30, of Pomona was suspended for three years, stayed, and placed on probation for three years, with one year actual suspension, effective June 8, 1996. He was ordered to pass the CPRE and comply with rule 955. Kearney's misconduct involved practicing law while on suspension for failure to meet MCLE requirements, improperly withdrawing from a case, commingling, failure to perform legal services competently and failure to respond to a client's case status inquiries.Kearney was placed on inactive status on July 25, 1994, after he failed to comply with MCLE requirements. He later sat as a judge pro tem in the Pomona Municipal Court on three different occasions. During this period of his ineligibility to practice, he also appeared at an arbitration hearing on behalf of a client.In another matter, Kearney fell behind on the rent for his law office and agreed to represent his landlord in a legal action in exchange for the rent payment. After some initial legal work, he failed to follow through with the case and the client hired another attorney to take over. During 1994, he also inappropriately used his client trust account, issuing checks to himself for a car payment and office supplies.In mitigation, Kearney participated in informal discovery and displayed candor during the bar's disciplinary investigation.Kearney was admitted to the bar in 1990. |