Ventura, CA 93009-0002
9 July 2001 | Active (23 years, 10 months ago) |
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9 June 2001 | Not eligible to practice law in CA (23 years, 11 months ago) Discipline w/actual suspension 97-O-11057 |
12 September 1991 | Admitted to the State Bar of California (33 years, 8 months ago) |
June 9, 2001 MICHAEL ANTHONY RODRIGUEZ [#153962], 35, of Chicago was suspended for six months, stayed, placed on two years of probation with an actual 30-day suspension, and was ordered to take the MPRE within one year. The order took effect June 9, 2001. Rodriguez’ problems resulted from his arrangement with Montana Financial, a paralegal company that marketed its services primarily to low-income Spanish-speaking individuals. Rodriguez reviewed bankruptcy petitions prepared by Montana, signed the petitions as attorney for the clients and appeared at the creditor’s hearing, all for a $100 per client fee. He never received any money directly from clients, never met any clients and never went to Montana’s offices.Rodriguez was paid for only 10 court appearances. After he terminated his relationship with Montana, he learned the firm continued to use fee agreement forms bearing his name and purported signature.Rodriguez stipulated that he failed to provide competent legal services in three separate matters.In one matter, he did not review a client’s bankruptcy petition before it was filed, didn’t provide legal assistance and failed to appear at three hearings. The only debt — delinquent child support payments — was non-dischargeable, but Rodriguez did not inform his client.He didn’t consult with clients in another bankruptcy proceeding, which was not warranted due to the small amount of debt to be discharged. The petition also contained incorrect information.Another client paid Montana $4,000 in fees which he charged to his credit card. He then incorrectly listed the fees as a dischargeable debt; Rodriguez did not delete the listing on the petition, nor did he explain that listing the fee could be considered fraudulent. He signed a petition stating he had explained the various types of bankruptcy proceedings and available relief to his clients when in fact he did not do so.In mitigation, Rodriguez cooperated with the bar’s investigation, he has a record of providing pro bono services, and he submitted letters attesting to his good character. |