James Michael Powell was admitted to the California Bar 6th August 1993, but has since been disbarred. James graduated from California Western SOL.
Lawyer Information
| Name | James Michael Powell |
|---|---|
| First Admitted | 6 August 1993 (31 years, 10 months ago) |
| Status | Disbarred |
| Bar Number | 165639 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 951-275-9667 |
| Fax Number | 877-239-2064 |
Schools
| Law School | California Western SOL (San Diego CA) |
|---|---|
| Undergraduate School | California St University Bakersfield (CA) |
Address
| Current Address | Law Offices Of James M Powell, 231 E Alessandro Blvd, Ste A-263 Riverside, CA 92508 |
|---|---|
| Map |
History
| 27 March 2015 | Disbarred (10 years, 2 months ago) Disbarment 13-O-10946 |
|---|---|
| 17 October 2014 | Not eligible to practice law in CA (10 years, 8 months ago) Ordered inactive 13-N-16233 |
| 28 March 2014 | Not eligible to practice law in CA (11 years, 2 months ago) Ordered inactive 13-N-16233 |
| 18 November 2013 | Disciplinary charges filed in State Bar Court 13-O-10946 (11 years, 7 months ago) |
| 26 July 2013 | Not eligible to practice law in CA (11 years, 10 months ago) Discipline w/actual suspension 12-O-11431 |
| 2 November 2012 | Disciplinary charges filed in State Bar Court 12-O-13344 (12 years, 7 months ago) |
| 11 August 2012 | Discipline, probation; no actual susp. 11-O-11320 (12 years, 10 months ago) |
| 6 August 1993 | Admitted to the State Bar of California (31 years, 10 months ago) |
Discipline Summaries
March 27, 2015 JAMES MICHAEL POWELL [#165639], 52, of Riverside, was disbarred March 27, 2015 and ordered to comply with rule 9.20 of the California Rules of Court and make restitution. Powell was disbarred after his default was entered for failing to appear at trial. 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 against him were deemed admitted.Powell was found culpable of 37 counts of misconduct in 17 client matters, including moral turpitude, improper withdrawal from employment and failing to perform legal services with competence, refund unearned fees, respond to reasonable client status inquiries, render accounts of client funds, return client papers/property, keep his clients informed of significant developments or take steps to avoid reasonably foreseeable prejudice to his clients.Powell also failed to comply with rule 9.20 as required by an earlier discipline by not filing a declaration of compliance.Powell was ordered to pay $28,320 plus interest in restitution.He had two prior records of discipline. In July 2012, he was suspended for failing to return a client file, refund unearned fees, avoid interests adverse to a client or perform. He was suspended again in June 2013 for improperly withdrawing from employment and failing to perform, communicate, render an accounting, cooperate with the State Bar or refund unearned fees.July 26, 2013 JAMES MICHAEL POWELL [#165639], 51, of Riverside, was suspended for two years, stayed, placed on two years’ probation with an actual six-month suspension and ordered to take the MPRE, pay restitution and comply with rule 9.20 of the California Rules of Court. The order took effect July 26, 2013. Powell stipulated to misconduct in four client matters: failing to perform legal services with competence, failing to return unearned fees, failing to take reasonable steps to avoid prejudice to a client, failing to render appropriate accounts, failing to cooperate with a disciplinary investigation and failing to keep clients informed of significant developments in their cases. He has been ordered to pay $3,895 plus interest in restitution.In one of the matters, Powell was hired by a woman in 2010 to represent her minor grandson in a personal injury matter, but never filed the paperwork to substitute as counsel into the case for a prior attorney. Powell also did not tell the grandmother about a mandatory settlement conference, a trial readiness conference or the jury trial had been scheduled in her grandson’s case. Powell failed to show up to any of those court dates and did not inform the woman of his withdrawal from the case, leading the judge to dismiss the case.In another matter he was disciplined for, Powell failed to file a couple’s bankruptcy petition even though he was paid nearly $4,000 to do so. Powell did not refund the money.Powell has one prior discipline. In 2012, he stipulated to five violations in four client matters: failure to perform with competence, failure to return unearned fees, failure to return client papers and property and acquisition of interest adverse to a client.August 11, 2012 JAMES MICHAEL POWELL, 50, of Riverside was suspended for one year, stayed, placed on one year of probation, and was ordered to take the MPRE within one year. The order took effect Aug. 11, 2012. Powell stipulated to five acts of misconduct in four matters.A client who was not able to pay Powell’s full fee signed a promissory note and deed of trust on his two vacant lots to secure the balance of the fee. Powell did not disclose all the terms of the transaction to his client and acquired an interest adverse to the client. He did not refund unearned fees to a couple for whom he did no work and did not supervise his employee, who made various legal representations to a client. The client never met Powell and her demands for a refund were made to the employee, who never notified Powell.Another client hired Powell to help him with tax problems but was unable to pay the full fee. More than a year after paying a partial fee, he asked that his file be returned and his fee be refunded. After the client complained to the State Bar, Powell returned the file and has refunded half the unearned fee.Powell has no prior discipline record and cooperated with the bar’s investigation. |