Bonita Springs, FL 34135-9127
1 February 2017 | Inactive (8 years, 3 months ago) |
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31 March 2013 | Active (12 years, 1 month ago) |
30 September 2011 | Not eligible to practice law in CA (13 years, 7 months ago) Discipline w/actual suspension 07-O-12628 |
18 November 2010 | Disciplinary charges filed in State Bar Court 07-O-12628 (14 years, 5 months ago) |
16 December 1991 | Admitted to the State Bar of California (33 years, 4 months ago) |
September 30, 2011 MICHAEL HUGH ELAM, 65, of Alta Loma was suspended for three years, stayed, placed on three years of probation with an 18-month actual suspension and ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Sept. 30, 2011. Elam stipulated to 11 counts of misconduct in four matters.In a divorce matter, he deposited $32,218 of client funds in a trust account maintained by another lawyer, whom he instructed to make 16 disbursements to himself (Elam). He allowed the balance to fall below the $30,000 he was required to maintain for his clients. Elam concealed that fact from the court and signed a stipulation agreeing to disburse funds to his client, her husband and the Department of Children Services for arrears in child support. Elam stipulated that he misappropriated $30,000, committed acts of moral turpitude, misled a judge, disobeyed a court order and did not respond to his client’s inquiries. He also did not respond to a bar investigator’s inquiries.He did no work on a custody modification matter for one year, despite assuring the client he would take action. He also did not account for the client’s $3,000 advance fee or refund unearned fees.He did not initiate the probate of an estate, providing excuses whenever the client called. Elam eventually prepared a probate petition but although the client signed the petition, Elam didn’t file it. He stipulated that he failed to perform legal services competently or refund unearned fees and he collected an illegal fee without court approval.In mitigation, Elam had no prior discipline record, he cooperated with the bar’s investigation, he had financial problems, and he was the sole care provider for his terminally ill wife. |