Harold Hewell

October 16, 2014

HAROLD MARION HEWELL [#171210], 58, of San Diego, was suspended from the practice of law for 30 days and ordered to take the MPRE. He was also placed on two years’ probation and faces a two-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect Oct. 16, 2014. Hewell stipulated to six acts of misconduct in loan modification matters, including charging upfront fees for loan modification services and failing to perform legal services with competence or keep a client reasonably informed of significant developments in a matter. In one of the matters, a couple hired him in 2011 to pursue a loan modification or possibly file a lawsuit against their lender on their behalf. Hewell charged them $4,000 in upfront fees and did not inform them in writing that is not necessary to hire a third party to arrange for a loan modification. After attempting unsuccessfully to negotiate with the couple’s lender, Hewell filed a lawsuit against the bank. During the course of the suit, he continued to try and negotiate with the bank. At one point the couple was invited to resubmit an application for a loan modification but declined, preferring to go ahead with the lawsuit. Without the couple’s knowledge or consent, Hewell filed a request to dismiss the lawsuit and the court ultimately dismissed it. The couple did not find out for months that the lawsuit was dismissed and only because of their own efforts. Hewell was fired and eventually repaid the $4,000 in illegal advanced fees the couple paid him. In the other matter he was disciplined for, Hewell failed to file a predatory lending lawsuit against a couple’s bank and did not promptly refund unearned advanced fees they paid him. In mitigation, Hewell had no prior discipline in many years of practice law and cooperated with the State Bar by entering into a prefiling stipulation.