Adam Ranald Fairbairn was admitted to the California Bar 14th December 1993, but has since been disbarred. Adam graduated from Golden Gate University SOL.
Lawyer Information
| Name | Adam Ranald Fairbairn |
|---|---|
| First Admitted | 14 December 1993 (31 years, 6 months ago) |
| Status | Disbarred |
| Bar Number | 168204 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 805-610-1447 |
| Fax Number | 805-769-4476 |
Schools
| Law School | Golden Gate University SOL (San Francisco CA) |
|---|---|
| Undergraduate School | San Francisco State Unv (San Francisco CA) |
Address
| Current Address | 8731 Iliad Universal City, TX 78148 |
|---|---|
| Map | |
| Previous Address | PO Box 827 San Miguel, CA 93451 |
History
| 28 March 2014 | Disbarred (11 years, 2 months ago) Disbarment 12-O-12411 |
|---|---|
| 28 July 2013 | Not eligible to practice law in CA (11 years, 10 months ago) Ordered inactive 12-O-12411 |
| 8 April 2013 | Not eligible to practice law in CA (12 years, 2 months ago) Vol.inactive(tender of resign.w/charges) 13-Q-11868 |
| 28 December 2012 | Disciplinary charges filed in State Bar Court 12-O-12411 (12 years, 5 months ago) |
| 19 December 2012 | Not eligible to practice law in CA (12 years, 6 months ago) Discipline w/actual suspension 09-O-16751 |
| 25 April 2012 | Active (13 years, 1 month ago) |
| 6 February 2012 | Not eligible to practice law in CA (13 years, 4 months ago) Suspended, failed to pass Prof.Resp.Exam 06-C-13231 |
| 20 December 2011 | Disciplinary charges filed in State Bar Court 09-O-16751 (13 years, 6 months ago) |
| 24 December 2010 | Discipline w/actual suspension; credit for prior ineligibility 06-C-13231 (14 years, 5 months ago) |
| 9 October 2009 | Active (15 years, 8 months ago) |
| 24 November 2008 | Not eligible to practice law in CA (16 years, 6 months ago) Interim suspension after conviction 06-C-13231 |
| 22 October 2008 | Conviction record transmitted to State Bar Court 06-C-13231 (16 years, 8 months ago) |
| 11 September 2008 | Disciplinary charges filed in State Bar Court 07-O-11040 (16 years, 9 months ago) |
| 14 December 1993 | Admitted to the State Bar of California (31 years, 6 months ago) |
Discipline Summaries
March 28, 2014 ADAM R. FAIRBAIRN [#168204], 48, of San Miguel was disbarred March 28, 2014 and ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found Fairbairn culpable of 10 counts of misconduct involving three separate client matters: failure to cooperate with a disciplinary investigation or to communicate, moral turpitude and engaging in the unauthorized practice of law. At the time of his misconduct in the three cases, Fairbairn was not eligible to practice law because he was suspended for failing to take the MPRE as required by a 2010 disciplinary order.In the first matter, Fairbairn participated in a meet and confer conference with an opposing attorney in a case he was handling and reviewed and edited the defendants’ discovery responses, holding himself out as eligible to practice law when he was not.In another matter, Fairbairn continued to represent a woman in her divorce case despite his suspension. He facilitated and entered into agreements with opposing counsel, held himself out as eligible to practice law and failed to notify the client of his ineligibility to practice law. When the client learned of his suspension, Fairbairn told her that another attorney would be acting as his co-counsel. The client and her fiancé set up a meeting with the new attorney, at which Fairbairn showed up uninvited, insisting on staying on as co-counsel even though he could not practice law. The client fired him the same day.The third case involved a child custody matter Fairbairn handled in 2012. Fairbairn remained involved in the case despite his suspension, preparing a motion and supporting declarations. Fairbairn also failed to inform his client of an order to show cause in the case and did not file a response or attend the hearing. At the hearing, the judge awarded primary physical custody to the client’s ex-wife.Fairbairn had two prior records of discipline. The first was a 2010 suspension stemming from a run-in he had with two auto repossession agents attempting to repossess his Chevy Avalanche due to delinquent payments. He was convicted of two felony counts of assault with a firearm, one felony count of discharge of a firearm with gross negligence, and one misdemeanor count of brandishing a firearm.He was also suspended in 2012 for illegally collecting a $10,000 advanced fee from one of the beneficiaries of a decedent’s will and engaging in an act involving moral turpitude by knowingly misrepresenting to the beneficiary that the beneficiary either had to pay him $10,000 in advanced attorney’s fees or transfer to his client one-third of the beneficiary’s portion of the decedent’s estate in order for the decedent’s will to be probated.December 19, 2012 ADAM RANALD FAIRBAIRN [#168204], 46, of San Miguel was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he makes restitution and 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 Dec. 19, 2012. The State Bar Court found that Fairbairn collected an illegal fee, did not refund the fee and committed an act of moral turpitude.He was hired by the executor of an estate who was the niece and caretaker of the woman who died. The aunt’s two children were the beneficiaries of her estate, which included mineral rights and oil and gas leases. The niece was not a beneficiary of the estate.The State Bar Court believed the niece wanted to figure out a way to obtain some of the mineral rights since she had been her aunt’s caretaker. Fairbairn told her it would cost $20,000 to probate the estate and he asked the beneficiaries to contribute $10,000 each. He told them if they did not pay their portion of the fees, they needed to agree to transfer one-third of each of their interest in the estate to the niece, who would bear the cost of probate.The son pulled money out of his 401(k) plan to cover the fee, but the sister was not able to come up with $10,000 and at Fairbairn’s request assigned one-third of her interest in the mineral rights to the niece.Although Fairbairn filed a probate petition, he never asked the court for permission to be compensated nor did he obtain a court order for attorney’s fees, as required. A few weeks after filing the probate, he notified the court he was suspended by the bar after being convicted of three felonies. (He fired a rifle into the air when two people attempted to repossess his car and was convicted of two counts of assault with a firearm with enhancements for personal use of a firearm, one count of discharge of a firearm with gross negligence and one count of misdemeanor brandishing a firearm.)The niece later told the court she could not continue with the probate because Fairbairn was in the San Luis Obispo County Jail. She asked that the probate be dismissed. She informed the daughter that the court granted the dismissal because the value of the estate did not meet the minimum requirements for probate in California. She also waived reimbursement of her costs associated with being executor of the estate and said the agreement that would have granted her a one-third interest in the daughter’s mineral rights was null and void.The son asked Fairbairn to refund his $10,000, but Fairbairn refused, saying he had earned the fees. He claims to be responsible for a $700 check issued to the son by an oil company.The bar court found that in addition to charging and not refunding an illegal fee, Fairbairn committed acts of moral turpitude by falsely telling the son he had to pay a $10,000 advance fee or transfer one-third of his portion of the estate.In mitigation, he presented evidence of his good character and has performed community work.December 24, 2010 ADAM RANALD FAIRBAIRN [#168204], 45, of Paso Robles was suspended for two years, stayed, placed on two years of probation with a nine-month actual suspension and he was ordered to take the MPRE within one year. The order took effect Dec. 24, 2010. Fairbairn stipulated to misconduct in two matters. In the first, he was convicted of three felonies after he fired a rifle into the air when two people attempted to repossess his car. He was convicted of two counts of assault with a firearm with enhancements for personal use of a firearm, one count of discharge of a firearm with gross negligence and one count of misdemeanor brandishing a firearm.In a second case, he filed suit in a real estate matter, but the case was dismissed when he failed to appear for a hearing. He did not refile the case or notify the client of the dismissal and stipulated that he failed to perform legal services competently or keep a client informed of developments in his case.In mitigation, he had no prior discipline record, cooperated with the bar’s investigation and presented evidence of his good character. |