Greenbrae, CA 94904-2243
17 June 2012 | Disbarred (12 years, 10 months ago) Disbarment 11-O-14967 |
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26 November 2011 | Not eligible to practice law in CA (13 years, 5 months ago) Ordered inactive 11-O-14967 |
18 November 2011 | Not eligible to practice law in CA (13 years, 5 months ago) Discipline w/actual suspension 11-O-12262 |
5 August 2011 | Disciplinary charges filed in State Bar Court 11-O-14967 (13 years, 9 months ago) |
1 July 2009 | Not eligible to practice law in CA (15 years, 10 months ago) Suspended, failed to pay fees |
1 July 2009 | Not eligible to practice law in CA (15 years, 10 months ago) Admin Inactive/MCLE noncompliance |
25 February 2009 | Not eligible to practice law in CA (16 years, 2 months ago) Discipline w/actual suspension 05-C-04451 |
31 January 2008 | Disciplinary charges filed in State Bar Court 06-O-13422 (17 years, 3 months ago) |
19 June 2007 | Conviction record transmitted to State Bar Court 05-C-04451 (17 years, 10 months ago) |
26 October 2006 | Discipline, probation; no actual susp. 06-H-10814 (18 years, 6 months ago) |
13 July 2005 | Public reproval with/duties 03-C-03937 (19 years, 9 months ago) |
26 May 2004 | Conviction record transmitted to State Bar Court 03-C-03937 (20 years, 11 months ago) |
25 July 1997 | Active (27 years, 9 months ago) |
21 July 1997 | Not eligible to practice law in CA (27 years, 9 months ago) Suspended, failed to pay fees |
13 August 1996 | Active (28 years, 8 months ago) |
12 August 1996 | Not eligible to practice law in CA (28 years, 8 months ago) Suspended, failed to pay fees |
12 September 1991 | Admitted to the State Bar of California (33 years, 8 months ago) |
June 17, 2012 JOHN FRANKLIN MORKEN, 47, of Tiburon was disbarred June 17, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court. Morken failed to comply with a 2008 disciplinary order that required him to participate in the State Bar Lawyer Assistance Program for attorneys with substance abuse or mental health issues. Although he enrolled in the program, he voluntarily withdrew in 2011 and stipulated that he “has failed and refused to comply with any of the conditions of his LAP participation agreement.â€The underlying discipline was imposed for Morken’s failure to maintain client funds in trust, commingling personal and client funds, misappropriating client funds and thus committing an act of moral turpitude and for a conviction for battery. He was publicly reproved in 2005 after a DUI conviction and was suspended the following year for not submitting monthly blood or alcohol screening samples.November 18, 2011 JOHN FRANKLIN MORKEN, 47, of San Francisco was suspended for five years, stayed, placed on five years of probation with a three-year action 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 Nov. 18, 2011. Morken violated the terms of a 2009 probation by failing to attend ethics school by the deadline or meet the requirements of the Lawyer Assistance Program. He repeatedly failed to appear for required testing and twice used an unauthorized substance.Morken has been disciplined three times previously: he was publicly reproved in 2005, placed on probation in 2006 for violating probation and was suspended in 2009 after stipulating to three counts of misconduct in four matters.February 25, 2009 JOHN F. MORKEN [#153979], 45, of San Francisco was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and was ordered to prove his rehabilitation. The order took effect Feb. 25, 2009. Morken stipulated to three counts of misconduct in four matters.In the first, he pleaded guilty in 2007 to two misdemeanor battery counts. The misconduct did not involve moral turpitude but constituted acts warranting discipline.In the second matter, he represented a minor whose father had been killed on the job in personal injury and workers’ compensation cases. The father had a $50,000 life insurance policy, and although Morken was not hired to pursue the insurance policy, the company sent him a check for $50,000, payable to Morken and the child’s guardian. Morken deposited the money in his client trust account, but did not pay the guardian.He wrote twice to the guardian, and implied the distribution of the funds was contingent on the litigation. In fact, the insurance proceeds had nothing to do with the litigation. In a subsequent letter, Morken provided a statement in which he claimed fees and costs on the $50,000.He later apologized for the delay and sent to the guardian a cashier’s check for $20,000 and his office’s post-dated check for $30,000. The second check bounced although the guardian subsequently was able to cash it. Morken also wrote a check for $7,958.90 to the guardian for interest on the insurance proceeds that he delayed paying out.He repeatedly allowed the balance in the account to drop below the required amount, thereby misappropriating client money and he failed to maintain client funds in a client trust account.Morken also stipulated that he commingled funds by depositing personal funds in his client trust account.He was disciplined twice previously — with a private reproval in 2005 for driving under the influence and with a stayed suspension and probation in 2006 for not complying with conditions attached to the reproval. He provided only one required alcohol or blood screening sample over a 10-month period although samples were to be submitted monthly.In mitigation, Morken demonstrated remorse, made restitution prior to any complaint to the bar and presented references attesting to his good character, despite his ongoing efforts to treat his substance abuse issues.October 26, 2006 JOHN F. MORKEN [#153979], 42, of San Francisco was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Oct. 26, 2006. Morken was publicly reproved in 2005, but provided only one required alcohol or blood screening sample over a 10-month period. The samples were to be submitted monthly.The reproval was imposed after Morken was convicted of driving under the influence.In mitigation, he cooperated with the bar’s investigation. |