Los Angeles, CA 90010
19 October 2013 | Disbarred (11 years, 8 months ago) Disbarment 12-O-12244 |
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4 May 2013 | Not eligible to practice law in CA (12 years, 1 month ago) Ordered inactive 12-O-12244 |
24 January 2013 | Disciplinary charges filed in State Bar Court 12-O-17355 (12 years, 4 months ago) |
4 December 2012 | Disciplinary charges filed in State Bar Court 12-O-12244 (12 years, 6 months ago) |
23 April 2005 | Discipline, probation; no actual susp. 03-O-04800 (20 years, 2 months ago) |
11 August 1994 | Admitted to the State Bar of California (30 years, 10 months ago) |
October 19, 2013 DIANE BERNADETTE CAREY [#171543], 54, of Los Angeles was disbarred Oct. 19, 2013 and ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Carey commingled personal funds and failed to maintain client funds in her client trust account, committed moral turpitude by misappropriating client funds and writing checks against insufficient funds, and failed to report judicial sanctions or obey court orders.At the time the misconduct occurred, Carey had been practicing law in low-income areas of Los Angeles, providing defense of eviction cases at a reduced cost to people who might not otherwise be able to afford a lawyer. Carey also ran a nonprofit to rescue stray dogs that had shelters in the United States and Mexico. On some occasions, she resorted to using funds from her client trust account, her general operating bank account, and even a client’s money, to cover the costs of running her nonprofit.Among other questionable practices, Carey would generate short-term funds for her nonprofit by writing checks on her general operating account, despite the fact that there were not sufficient funds in the account at the time, and then would deposit those checks into her client trust account. Because of the bank’s courtesy policy, she was able to quickly withdraw cash from her client trust account before the bank learned there were insufficient funds to back up the deposited check, and would then use that cash to pay the foundation’s expenses.In one matter for which she was sanctioned, Carey failed to show up for a client’s child support hearing, which led the judge to order her to pay $1,250 in sanctions. As of the date of the disbarment decision she had not paid any of the sanctions. In another matter, she failed to show up for a case management conference or provide related documents, leading a judge to sanction her $1,200. Carey did not report either of the sanction orders to the State Bar.Carey has been disciplined on two prior occasions. In 2000, she was privately reproved for conduct, including commingling personal funds in her client trust account and issuing checks on her client trust account despite insufficient funds. In 2005, she received a two-year stayed suspension for misconduct including repeated acts of commingling her personal funds in her client trust account, and bouncing checks written on her client trust account.April 23, 2005 DIANE BERNADETTE CAREY [#171543], 46, of Van Nuys was suspended for two years, stayed, placed on three years of probation and was ordered to take the MPRE within one year. The order took effect April 23, 2005. Carey stipulated that she wrote checks against insufficient funds in her client trust account, committing acts of moral turpitude, and commingled personal funds in the account, which she used to pay business or personal expenses.In mitigation, she had no prior record of discipline. |