Pasadena, CA 91114
12 August 2012 | Disbarred (12 years, 10 months ago) Disbarment 09-O-19273 |
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20 February 2012 | Not eligible to practice law in CA (13 years, 4 months ago) Ordered inactive 09-O-19273 |
21 June 2011 | Disciplinary charges filed in State Bar Court 09-O-19273 (13 years, 12 months ago) |
18 August 2010 | Not eligible to practice law in CA (14 years, 10 months ago) Discipline w/actual suspension 09-O-10198 |
18 April 2004 | Active (21 years, 2 months ago) |
18 October 2003 | Not eligible to practice law in CA (21 years, 8 months ago) Discipline w/actual suspension 02-O-13089 |
7 November 1998 | Active (26 years, 7 months ago) |
8 October 1998 | Not eligible to practice law in CA (26 years, 8 months ago) Discipline w/actual suspension 95-O-11088 |
30 October 1997 | Disciplinary charges filed in State Bar Court 95-O-11088 (27 years, 7 months ago) |
14 January 1996 | Active (29 years, 5 months ago) |
14 July 1995 | Not eligible to practice law in CA (29 years, 11 months ago) Discipline w/actual suspension 92-O-20795 |
29 July 1994 | Disciplinary charges filed in State Bar Court 93-O-14202 (30 years, 11 months ago) |
11 May 1994 | Disciplinary charges filed in State Bar Court 93-O-16324 (31 years, 1 month ago) |
25 April 1994 | Disciplinary charges filed in State Bar Court 92-O-20795 (31 years, 2 months ago) |
18 June 1991 | Admitted to the State Bar of California (34 years ago) |
August 12, 2012 QUENTIN BURNELL SIMMS, 54, of Pasadena was disbarred Aug. 12, 2012, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Simms, who has a lengthy disciplinary history, stipulated to six counts of misconduct in two matters.A client who gave Simms a $5,000 advance fee to handle a contractual fraud matter also gave him smaller amounts when he requested money for a cash advance and incidentals. He did not account for the funds. He did not provide competent legal services — he didn’t respond to discovery on his client’s behalf or produce documents and interrogatories and he didn’t appear at court-ordered mediation or a post-mediation status conference. He also did not tell the client about various motions by the other side and didn’t refund unearned fees.In a second matter, he appeared at an order to show cause hearing and told the judge he was representing the client on a limited scope basis, was not counsel of record and was suspended from practice. The court ordered Simms to file a limited scope of representation, but he failed to do so, thus disobeying a court order.Simms has been disciplined four times previously — in 1995, 1998, 2003 and 2010 — for violations that include failures to perform legal services competently, communicate with clients, refund unearned fees, return a file or account for fees and for improperly withdrawing from employment and committing acts of moral turpitude.In mitigation, he cooperated with the bar’s investigation by stipulating to disbarment and he had extreme difficulties in his personal life.August 18, 2010 QUENTIN BURNELL SIMS [#153454], 53, of Pasadena was suspended for three years, stayed, placed on three years of probation with a two-year actual suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 18, 2010. Sims stipulated that he commingled funds in his client trust account and used the account to pay personal expenses. He wrote 17 checks against insufficient funds in the account, committing acts of moral turpitude.He was disciplined three times previously but in mitigation cooperated with the bar’s investigation.October 18, 2003 QUENTIN BURNELL SIMMS [#153454], 46, of Pasadena was suspended for two years, stayed, placed on three years of probation and was ordered to take the MPRE within one year and comply with rule 955. The order took effect Oct. 18, 2003. Simms stipulated to three counts of misconduct stemming from his handling of a client's criminal case. The client was indicted on federal charges in Missouri and also faced unrelated state charges.Simms was hired to handle both cases, but agreed to focus primarily on the state case. However, he advised the federal prosecutor that he represented the client in that matter as well.Simms knew the client would be moved to Missouri following disposition of the state case, but his goal was to have the client enter a plea and have sentencing transferred to California so any sentences could be served concurrently.Once the state case concluded, events were set in motion to move the client to Missouri. Simms signed a retainer agreement providing that he would receive $10,000 for representation prior to trial and more if the case went to trial, plus travel expenses. A family member paid the $10,000 fee.Once Simms learned that the federal case would not be transferred to California, he largely stopped working on it, although he advised the client to plead not guilty. The client believed Simms still represented him, but Simms said he never received the travel money.Simms never appeared in federal court and the court appointed new counsel for the client. Simms provided some background information to the new lawyer, but never told him he'd been retained to handle the case. He never advised his client or the federal prosecutor that he was no longer working on the case.The family's efforts to get a refund of the fee or an accounting for the money were unsuccessful.Simms stipulated that he failed to take steps to protect his client's interests upon termination of employment, refund an unearned fee or render accounts of client funds.Simms also was disciplined in 1995 for at least 14 acts of misconduct, including failure to perform legal services competently, return client files or refund unearned fees.In mitigation, he cooperated with the bar's investigation. |