Kieran Joseph Brothers was admitted to the California Bar 12th December 1994, but has since been disbarred. Kieran graduated from McGeorge SOL University of the Pacific.

Lawyer Information

NameKieran Joseph Brothers
First Admitted12 December 1994 (30 years, 6 months ago)
StatusDisbarred
Bar Number173437

Contact

Phone Number916-482-9000
Fax Number916-482-9049

Schools

Law SchoolMcGeorge SOL University of the Pacific (CA)
Undergraduate SchoolSanta Clara University (Santa Clara CA)

Address

Current AddressP O Box 254560
Sacramento, CA 95865-4560
Map

History

5 March 2009Disbarred (16 years, 3 months ago)
Disbarment 07-O-12023
4 October 2008Not eligible to practice law in CA (16 years, 8 months ago)
Ordered inactive 07-O-12023
20 June 2008Not eligible to practice law in CA (17 years ago)
Ordered inactive 07-O-12023
28 March 2008Disciplinary charges filed in State Bar Court 07-O-12023 (17 years, 2 months ago)
12 December 1994Admitted to the State Bar of California (30 years, 6 months ago)

Discipline Summaries

March 5, 2009

KIERAN JOSEPH BROTHERS [#173437], 43, of Sacramento was disbarred March 5, 2009, and was ordered to comply with rule 9.20.

In a default proceeding, the State Bar Court found that Brothers committed numerous acts of misconduct in five personal injury matters, including failing to perform legal services competently, communicate with clients, return their files or cooperate with the bar’s investigation. He also represented adverse interests and improperly solicited clients. In addition, the court found that by habitually disregarding the interests of his clients, Brothers committed acts of moral turpitude.

In one of the matters, a mother and daughter who were injured in an automobile accident visited a chiropractor for treatment of their injuries. The doctor said she would treat them only if they hired Brothers and arranged for the patients to meet him at her medical office. They hired Brothers and signed a fee agreement, although Brothers did not provide a copy to them.

He also did not explain his potential conflict of interest in representing both the driver (the daughter) and her passenger (the mother), nor did he obtain their written consent to the conflict of interest.

Although Brothers obtained a property settlement for the car, he sued the other driver after two years. He did not serve the defendant for more than a year, did not file a case management statement or appear at two case management conferences and was sanctioned. When he did not appear at an order to show cause hearing, the case was dismissed. The mother died several months later.

The daughter hired a new lawyer but Brothers did not sign a substitution form, turn over his files or tell the client and lawyer that the case had been dismissed. After threats of complaints to the bar, Brothers called the new lawyer and said he had mailed the files to him. In fact he never did so and the lawyer eventually learned the case had been dismissed nine months earlier.

The client lost her claim for injuries.

Another client tried to settle her case herself but was unable to do so because she was still represented by counsel and because she was unable to obtain her files. A third case was dismissed and the clients’ personal injury claims were lost. In that matter, the court repeatedly had to take action to set conferences and other proceedings because of Brothers’ failure to perform.

In mitigation, Brothers practiced for nine years without any discipline.

“The serious and unexplained nature of the misconduct and the lack of participation in these proceedings suggest that (Brothers) is capable of future wrongdoing and raise concerns about his ability or willingness to comply with his ethical responsibilities,” wrote Judge Lucy Armendariz. “The court believes that disbarment is the only adequate means of protecting the public from further wrongdoing by (Brothers).”