Wayne Winrow was admitted to the California Bar 3rd July 1991, but has since been disbarred. Wayne graduated from UC College of the Law, San Francisco.
Lawyer Information
| Name | Wayne Winrow |
|---|---|
| First Admitted | 3 July 1991 (32 years, 10 months ago) |
| Status | Disbarred |
| Bar Number | 153632 |
Contact
| Phone Number | 510-592-1622 |
|---|---|
| Fax Number | 510-724-0155 |
Schools
| Law School | UC College of the Law, San Francisco (San Francisco CA) |
|---|---|
| Undergraduate School | San Francisco State Unv (San Francisco CA) |
Address
| Current Address | Law Ofc Wayne Winrow, 2129 Railroad Ave Hercules, CA 94547 |
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| Map |
History
| 12 July 2008 | Disbarred (15 years, 9 months ago) Disbarment 05-O-05357 |
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| 2 February 2008 | Not eligible to practice law in CA (16 years, 2 months ago) Ordered inactive 05-O-05357 |
| 17 February 2007 | Not eligible to practice law in CA (17 years, 2 months ago) Discipline w/actual suspension 04-C-12004 |
| 5 February 2007 | Disciplinary charges filed in State Bar Court 05-O-05357 (17 years, 2 months ago) |
| 27 July 2006 | Not eligible to practice law in CA (17 years, 9 months ago) Discipline w/actual suspension 02-O-14970 |
| 28 May 2006 | Not eligible to practice law in CA (17 years, 11 months ago) Ordered inactive 04-C-12004 |
| 9 March 2006 | Conviction record transmitted to State Bar Court 04-C-12004 (18 years, 1 month ago) |
| 8 October 2003 | Active (20 years, 6 months ago) |
| 16 September 2003 | Not eligible to practice law in CA (20 years, 7 months ago) Suspended, failed to pay fees |
| 28 August 2003 | Disciplinary charges filed in State Bar Court 02-O-14970 (20 years, 8 months ago) |
| 12 August 2003 | Disciplinary charges filed in State Bar Court 03-O-01102 (20 years, 8 months ago) |
| 23 September 2002 | Active (21 years, 7 months ago) |
| 3 September 2002 | Not eligible to practice law in CA (21 years, 8 months ago) Admin Inactive/MCLE noncompliance |
| 5 July 2002 | Active (21 years, 10 months ago) |
| 17 June 2002 | Not eligible to practice law in CA (21 years, 10 months ago) |
| 29 January 2002 | Active (22 years, 3 months ago) |
| 15 November 2001 | Not eligible to practice law in CA (22 years, 5 months ago) Actual Suspension Delayed 99-O-12264 |
| 20 September 2001 | Probation with conditions 99-O-12264 (22 years, 7 months ago) |
| 11 October 2000 | Active (23 years, 6 months ago) |
| 23 August 2000 | Disciplinary charges filed in State Bar Court 99-O-12264 (23 years, 8 months ago) |
| 1 August 2000 | Not eligible to practice law in CA (23 years, 9 months ago) Ordered Inactive/Fee Arb/B&P 6203 |
| 12 November 1996 | Active (27 years, 5 months ago) |
| 12 August 1996 | Not eligible to practice law in CA (27 years, 8 months ago) Admin Inactive/MCLE noncompliance |
| 27 January 1993 | Active (31 years, 3 months ago) |
| 1 January 1992 | Inactive (32 years, 4 months ago) |
| 3 July 1991 | Admitted to the State Bar of California (32 years, 10 months ago) |
Discipline Summaries
July 12, 2008 WAYNE WINROW [#153632], 57, of Hercules was disbarred July 12, 2008, and was ordered to comply with rule 9.20. The State Bar Court found that Winrow commingled personal funds in his client trust account and committed an act of moral turpitude by creating a client trust account for the purpose of concealing personal assets from creditors.He opened a trust account in 2004 in the name of his adult nephew, but admitted it never held any client funds and was meant to be used as his personal and business bank account. He regularly deposited and withdrew personal funds from the account, issued checks to pay for stamps, utilities, auto expenses, the cleaners, phone bills and books. In addition, the account often was overdrawn.The court rejected Winrow's contention that because he was a banker before becoming an attorney, he believes he had the right to call the account a client trust account but use it as a personal account to protect his assets and to prevent creditors from filing a lien. He also argued that because no client funds were on deposit, no commingling occurred. He told the bar court the account was a different kind of trust account for his nephew's benefit and that he was acting as a trustee for the trust.Winrow was disciplined three times previously. In 2001, he was suspended for failing to perform services competently, return client files, refund client fees and communicate with clients in two matters and for the unauthorized practice of law. He was later admitted and terminated from the Alternative Discipline Program for lawyers with substance abuse or mental health problems and was disciplined again in 2006 for misconduct in three client matters.After a conviction in Santa Clara County for unauthorized legal practice, Winrow was disciplined again in 2007.In recommending his disbarment, Judge Lucy Armendariz said that Winrow "has engaged in a continuous course of misconduct in the past nine years involving more than five client matters, probation violations, conviction for unauthorized practice of law and trust accounting violations. In fact, he has been on probation for a period of seven years during his 17 years as an attorney."She added that disbarment is appropriate when an attorney "repeatedly demonstrates indifference to successive disciplinary orders of the Supreme Court."February 17, 2007 WAYNE WINROW [#153632], 55, of Emeryville was suspended for two years, stayed, actually suspended for two years and until he proves his rehabilitation, and he was ordered to comply with rule 955. The order took effect Feb. 17, 2007. Winrow was convicted in 2004 of misdemeanor unauthorized practice of law.Disciplined in 2001 (for engaging in the unauthorized practice of law), he received a delay of his suspension because of a wrongful death case that was about to go to trial. When he sought the delay, he did not mention another pending criminal case in which he had already appeared at the preliminary hearing. Winrow continued to handle the criminal case without advising the court or opposing counsel of his suspension.He was convicted in a court trial of unlicensed practice of law, sentenced to three years of probation and fined $1,000. The bar court concluded that his conviction involved moral turpitude.Winrow was disciplined again in 2006 for misconduct in three matters, including failing to perform legal services competently or respond to his client's phone calls.July 27, 2006 WAYNE WINROW [#153632], 55, of Emeryville was suspended for one year, stayed, placed on three years of probation with an actual 120-day suspension and was ordered to make restitution, take the MPRE and comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect July 27, 2006. Winrow was accepted into the State Bar Court’s alternative discipline program (ADP) and the Lawyer Assistance Program after he stipulated to misconduct in three cases in 2005. As part of the ADP, attorneys who face discipline charges receive a lesser discipline contingent on successful completion of the bar’s program for lawyers with chemical dependency or mental health issues. If they do not complete the program, they receive a more severe discipline.Winrow was terminated from the assistance program due to non-compliance with its requirements, according to the bar court. He also did not comply with restitution obligations.The underlying misconduct involved his failure to pursue an appeal for his client, respond to her inquiries or refund advance fees. In a second matter, he failed to appear at three court-ordered status conferences and was removed by the court from the case. Summary judgment was entered against his client. He did not return his client’s many phone calls in a third matter, and returned $1,300 in unearned fees only after the State Bar intervened. Winrow also was disciplined in 2001.In mitigation, he cooperated with the bar’s investigation and refunded unearned fees and he suffers from psychological problems.September 20, 2001 WAYNE WINROW [#153632], 50, of Richmond was suspended for two years, stayed, placed on 30 months 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 Sept. 20, 2001. Winrow stipulated to misconduct in four cases.He did not inform one client that her claim against a transit agency was rejected or of a resulting six-month statute of limitations. He took no further action on the case. He also did not respond to requests for the client’s file from her new attorney.Hired to file a divorce petition by another client who paid a $1,000 retainer, Winrow drafted a petition but did no further work. He did not return numerous phone calls from the client and refunded the fee only after the client complained to the State Bar.He also practiced law while on inactive status for failing to pay an arbitration award, making three court appearances, filing pleadings and negotiating with opposing counsel.In mitigation, no client was harmed as a result of the unlicensed appearance matters, Winrow cooperated with the bar’s investigation, he demonstrated good character with a wide range of references, and he has performed significant pro bono work. |