Santa Monica, CA 90401
23 July 2009 | Discipline, probation; no actual susp. 06-O-10962 (15 years, 9 months ago) |
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14 December 1992 | Admitted to the State Bar of California (32 years, 4 months ago) |
July 23, 2009 THOMAS A. BRACKEY II [#162279], 44, of Beverly Hills 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 July 23, 2009. Brackey stipulated to two counts of misconduct stemming from his handling of an appeal of a civil verdict adverse to his client. He improperly contracted with the client to limit his liability for professional malpractice and he failed to report sanctions of more than $29,000 to the bar.In light of his client’s financial constraints, Brackey and the client agreed that Brackey would appeal the verdict without pay, the client would “forego any financial interest in the outcome†of the appeal and would relieve Brackey of any responsibility associated with the appeal. At a hearing in which Brackey was called as a witness, he left the impression that the real party of interest on the appeal was his law firm rather than the client.That testimony and his agreement with the client became issues in both the appeal and a subsequent bankruptcy proceeding filed by the client. Brackey filed several declarations explaining that his description of the agreement with the client as an “assignment†of the client’s appellate right had been inaccurate. The court ruled that the client had a right to sue and the bankruptcy court eventually sanctioned Brackey $29,166.50 for his contradictory statements to the court. He paid the sanctions but did not report them to the State Bar, as required.In mitigation, Brackey had no record of discipline, demonstrated remorse and evidence of his good character and erroneously believed he did not have to report the sanctions to the bar. |