Debtor & Creditor
Current Email | [email protected] |
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Law School | California Western SOL (San Diego CA) |
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Undergraduate School | University of Southern Calif (Los Angeles CA) |
Current Address | 3655 Ruffin Rd Ste 210 San Diego, CA 92123 |
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Map |
19 February 2016 | Disbarred (9 years, 4 months ago) Disbarment 14-O-01900 |
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17 September 2015 | Not eligible to practice law in CA (9 years, 9 months ago) Ordered inactive 14-O-01900 |
12 March 2015 | Not eligible to practice law in CA (10 years, 3 months ago) Ordered inactive 14-O-01900 |
2 February 2015 | Not eligible to practice law in CA (10 years, 4 months ago) Suspended, failed to pass Prof.Resp.Exam 12-O-13441 |
22 December 2014 | Disciplinary charges filed in State Bar Court 14-O-01900 (10 years, 5 months ago) |
20 December 2013 | Not eligible to practice law in CA (11 years, 6 months ago) Discipline w/actual suspension 12-O-13441 |
16 August 2013 | Not eligible to practice law in CA (11 years, 10 months ago) Discipline w/actual suspension 10-O-10327 |
17 December 2012 | Disciplinary charges filed in State Bar Court 12-O-13441 (12 years, 6 months ago) |
4 September 2012 | Disciplinary charges filed in State Bar Court 12-O-12059 (12 years, 9 months ago) |
30 August 2011 | Disciplinary charges filed in State Bar Court 10-O-10327 (13 years, 9 months ago) |
15 June 1992 | Admitted to the State Bar of California (33 years ago) |
February 19, 2016 KENNETH MATTHEW COOKE [#159341], 49, of San Diego, was disbarred Feb. 19, 2016 and ordered to comply with rule 9.20 of the California Rules of Court and make restitution. Cooke was disbarred after his default was entered when he did not respond to a notice of disciplinary charges. Because he did not seek to have the default set aside within 90 days as required under rule 5.85 of the State Bar’s Rules of Procedure, he was disbarred and the charges deemed admitted.Cooke failed to respond to multiple client inquiries, file a bankruptcy case and represent his clients in bankruptcy proceedings, refund unearned fees or to account in one client matter. He was ordered to pay $1,500 plus interest in restitution.Cooke was suspended on two prior occasions, in July 2013 for failing to communicate with clients, return unearned fees, perform legal services with competence or to account, and in November 2013 for failing to perform legal services with competence, maintain client funds in trust, account or promptly disburse client funds upon request.December 20, 2013 KENNETH MATTHEW COOKE [#159341], 47, of San Diego, was suspended for two years, stayed, placed on two years’ probation with an actual 120-day suspension and ordered to comply with rule 9.20 of the California Rules of Court and take the MPRE. The order took effect Dec. 20, 2013. Cooke was found culpable of failing to perform legal services with competence, maintain client funds in his client trust account, render appropriate accounts to a client or promptly pay client funds. The charges stemmed from Cooke’s handling of a divorce matter in 2010 and 2011. Although Cooke’s client paid $100 in advanced costs for a process server to personally serve the client’s wife, Cooke instead mailed the summons and petition to his client’s wife and she did not return a form acknowledging she’d received the documents.On July 28, 2011, the client sent a letter to Cooke asking for his file back and demanding a refund of advanced fees, but Cooke failed to respond in writing and did not provide the client with an accounting. A month later, the client, who had already hired another attorney, sent Cooke another letter asking for his money back but Cooke again did not respond.It wasn’t until July 2012, and after the State Bar began its investigation, that Cooke prepared an accounting for the advanced fees. On the first day of trial, April 29, 2013, Cooke refunded the $100 given to him for the process server.Cooke received limited mitigation for character witnesses who testified on his behalf and for community service and pro bono activities.He has one prior record of discipline, a March 2013 suspension for misconduct in six client matters, including failure to communicate, refund unearned fees, provide accounting or perform services competently.August 16, 2013 KENNETH MATTHEW COOKE [#159341], 47, of San Diego, was suspended for two years, stayed, and placed on two years’ probation with an actual six-month suspension and until he makes restitution. Cooke was also ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 16, 2013. Cooke initially stipulated to seven acts of misconduct stemming from his handling of bankruptcy matters. Those included failing to communicate with clients, return unearned fees, account or to perform legal services competently. The California Supreme Court, however, returned the matter to the State Bar for further consideration as to the level of discipline.Noting that additional disciplinary charges had been filed against Cooke and consolidated with the stipulation, State Bar Court Judge Lucy Armendariz called his continuing misconduct “concerning.â€â€œThat being said, respondent had yet to have the opportunity to complete any of his probation obligations, which are designed to rehabilitate the attorney and to protect the public from similar future misconduct,†she wrote.In all, Cooke was found culpable of 12 acts of misconduct in six client matters. In most of the bankruptcy matters, Cooke charged clients advanced fees but failed to provide any legal services of value or provide legal services with competence. Cooke was ordered to pay $2,555.15 plus interest in restitution.In mitigation, Cooke had no prior record of discipline, cooperated with the State Bar by entering into a stipulation and presented witnesses who testified as to his good character. |
Other Language Spoken by the Law Office Staff | Spanish |
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