Rio Linda, CA 95673
1 July 2015 | Not eligible to practice law in CA (9 years, 11 months ago) Admin Inactive/MCLE noncompliance |
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28 December 2012 | Not eligible to practice law in CA (12 years, 5 months ago) Suspended, failed to pass Prof.Resp.Exam 07-O-11231 |
1 February 2012 | Active (13 years, 4 months ago) |
3 November 2011 | Not eligible to practice law in CA (13 years, 7 months ago) Discipline w/actual suspension 07-O-11231 |
3 December 1993 | Admitted to the State Bar of California (31 years, 6 months ago) |
November 3, 2011 KIM LOAN RYAN, 62, of Sacramento was suspended for one year, stayed, placed on 18 months of probation with a 90-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Nov. 3, 2011. Ryan sought review of a hearing judge’s finding that she committed several acts of misconduct, arguing that the judge committed due process errors and asking that the decision be reversed. Finding no procedural errors, a review panel upheld the hearing judge.The misconduct stemmed from two matters. The first was a personal injury case in which Ryan filed a civil suit on behalf of an injured party. The client and his wife regularly called or wrote to Ryan, who did not respond. She did not notify him of an arbitration where he was awarded $8,686.40; the arbitrator described the case as “essentially worthless†given his lack of involvement. The client’s brother-in-law, who was injured in the same accident, appeared with his lawyer and was awarded $69,227.61.The client rejected the arbitration award but didn’t appear at a deposition because Ryan did not inform him of the correct date. She also didn’t tell him about a sanctions motion, or oppose it, and the client was ordered to pay $257.50. Ryan didn’t notify him sanctions were imposed, but she did tell him that his deposition was rescheduled.He drove from Mississippi to California for the deposition, tentatively agreed to settle his claim for $7,000 if Ryan reduced his fee and gave him a cash advance, but left when discussions broke down. Prior to the deposition, Ryan settled the case for $7,000 without the client’s knowledge. Ryan received a settlement check without telling the client, who asked for more than $3,000 as his share. Eventually a fee arbitrator awarded him $3,013. Ryan paid the client more than 18 months after receiving the settlement proceeds. She did not respond to a bar investigator’s inquiries.The review department found that Ryan failed to perform legal services competently, respond to client inquiries, pay client funds promptly or cooperate with the bar’s investigation.Ryan substituted in to a dissolution case, representing an elderly and unsophisticated woman who paid a $5,000 advance. Ryan perform minimal legal services and did not seek or obtain orders the client requested, including increased spousal support, unpaid spousal support and the return of community funds her husband took. Ryan received a $7,254.99 check for partial distribution of community property assets, and deposited the money in an account she mistakenly thought the client could access. A new lawyer obtained the funds for the client 18 months later.The bar court found that Ryan failed to perform legal services competently, refund unearned fees, account for client funds, release her client’s file or promptly pay funds to the client.Ryan received limited mitigation for an injury that left her in a wheelchair and for good character. She was privately reproved in 1993 for commingling client funds. |