Francisco Xavier Marquez was admitted to the California Bar 8th December 1994, but has since been disbarred. Francisco graduated from UC Hastings COL.
Lawyer Information
| Name | Francisco Xavier Marquez |
|---|---|
| First Admitted | 8 December 1994 (30 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 172631 |
Contact
| Phone Number | 408-634-6119 |
|---|---|
| Fax Number | 408-969-1639 |
Schools
| Law School | UC Hastings COL (San Francisco CA) |
|---|---|
| Undergraduate School | Stanford University (Stanford CA) |
Address
| Current Address | Marquez & Associates, PO Box 720997 San Jose, CA 95172 |
|---|---|
| Map |
History
| 16 October 2014 | Disbarred (10 years, 6 months ago) Disbarment 11-O-16244 |
|---|---|
| 10 May 2014 | Not eligible to practice law in CA (10 years, 12 months ago) Ordered inactive 11-O-16244 |
| 20 December 2012 | Conviction records transmitted to State Bar Court (12 years, 4 months ago) |
| 20 September 2012 | Disciplinary charges filed in State Bar Court 11-O-16244 (12 years, 7 months ago) |
| 8 December 1994 | Admitted to the State Bar of California (30 years, 5 months ago) |
Discipline Summaries
October 16, 2014 FRANCISCO XAVIER MARQUEZ [#172631], 49, of San Jose, was disbarred Oct. 16, 2014 and ordered to comply with rule 9.20 and make restitution. The State Bar Court found Marquez culpable of failing to obey court orders, failing to maintain funds in his client trust account, collecting an illegal fee and misappropriation in one client matter. He also had two misdemeanor convictions for driving under the influence of alcohol.In the client matter, Marquez was hired to represent a man in a dispute involving his mother’s estate. There was a question of whether Marquez’s client was the sole beneficiary of the estate or a co-beneficiary with his siblings. Despite the dispute, the client sold his mother’s home in July 2006 and Marquez placed the sales proceeds totaling $721,008.05 into his business checking account. That same day, Marquez transferred $681,008.05 into his personal savings account and $40,000 to a partner at his firm. Although Marquez claimed the $40,000 was for his partner’s fees for working on the case, the court found no evidence to support it.On April 13, 2009, the probate court of San Mateo County enjoined Marquez and his client from using any sale proceeds from the home and ordered the money placed in a blocked, interest-bearing account. Two months later, the court filed an order demanding an accounting and a return of estate funds. That July, Marquez filed a response stating $13,475 had been paid to his client for repair expenses to prepare the home for sale, $419,595 had been paid to Marquez’s firm for costs and legal services and the estate had lost $93,059 as a result of the financial crash in fall 2008. He said there was $194,877 in remaining estate funds. Although he acknowledged receipt of $419,595 in total payments from the estate, Marquez’s billing records accounted for only $288,059.25 as attorney fees for services rendered. The court ultimately disqualified Marquez from representing the client and ordered Marquez to repay the $419,595. The litigation was dismissed, and the remaining estate funds of $194,877 were distributed to the three siblings.After Marquez failed to comply with that order and two that followed it, the matter proceeded to trial on the remaining issues against him. When the court’s ruling did not go in his favor, Marquez appealed it unsuccessfully. He then filed an appeal with the California Supreme Court, which affirmed the appellate court’s ruling. As of the date of the State Bar Court’s decision, he still had not repaid the money.He was ordered to pay $419,595 plus interest in restitution. In mitigation, Marquez had no prior record of discipline and presented evidence of his good character. |