Loomis, CA 95650-0243
10 May 2015 | Disbarred (10 years, 1 month ago) Disbarment 12-O-15054 |
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7 November 2014 | Not eligible to practice law in CA (10 years, 7 months ago) Ordered inactive 12-O-15054 |
21 March 2014 | Not eligible to practice law in CA (11 years, 3 months ago) Ordered inactive 12-O-15054 |
29 October 2013 | Disciplinary charges filed in State Bar Court 13-O-11200 (11 years, 7 months ago) |
6 May 2013 | Active (12 years, 1 month ago) |
8 February 2013 | Discipline, probation; no actual susp. 11-O-18386 (12 years, 4 months ago) |
9 January 2013 | Not eligible to practice law in CA (12 years, 5 months ago) Discipline w/actual suspension 11-O-15543 |
7 December 2012 | Disciplinary charges filed in State Bar Court 12-O-15054 (12 years, 6 months ago) |
22 May 2012 | Disciplinary charges filed in State Bar Court 11-O-18386 (13 years ago) |
28 December 2011 | Disciplinary charges filed in State Bar Court 11-O-15543 (13 years, 5 months ago) |
7 December 1994 | Admitted to the State Bar of California (30 years, 6 months ago) |
May 10, 2015 STEVEN CHARLES LYNES [#174020], 47, of Loomis, was disbarred May 10, 2015 and ordered to comply with rule 9.20 of the California Rules of Court and make restitution. Lynes’ default was entered because he did not participate in proceedings to address charges in five client matters. Because he made no effort to vacate the default within 180 days, as required by rule 5.85 of the State Bar’s Rules of Procedure, he was disbarred.The charges were deemed admitted. In one matter, Lynes failed to file a bankruptcy petition on behalf of a client, promptly return $1,300 in unearned fees, respond to reasonable status inquiries about the case or cooperate in a State Bar investigation.In another matter he failed to file an answer to a complaint, appear in court or file an opening brief on appeal, which resulted in the appeal being dismissed. He also failed to respond to the client’s inquiries about her case, did not keep her informed of significant developments and did not respond to a State Bar investigator looking into the allegations against him.In another matter, he failed to deposit $2,500 that belonged to his client into his client trust account and misappropriated the money, failed to file a bankruptcy petition and seek a loan modification on her behalf, did not promptly return $2,000 in unearned fees and failed to obey a court order.Lynes was ordered to pay $5,900 plus interest in restitution.January 9, 2013 STEVEN CHARLES LYNES [#174020], 44, of Roseville was suspended for two years, stayed, placed on two years 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 Jan. 9, 2013. Lynes also stipulated to misconduct in a second matter and was given a two-year stayed suspension, a two-year probation, and was again ordered to take the MPRE and make restitution. The order took effect Feb. 8, 2013. In the first matter, a State Bar Court judge found that Lynes committed seven acts of misconduct in three client matters.He represented a client who paid $2,500 to handle a construction defect matter but he did not deposit the money in his trust account. Although the client did not want to file a lawsuit, Lynes eventually concluded that a suit would be the most effective way to move forward. However, he had not responded to the client’s numerous emails or contacted her contractors so she fired him and asked for a refund of the $2,500. Lynes did not refund her fees.The bar court found that he failed to account for client fees or communicate with his client.In the second matter, Lynes was retained by a lumber company to represent its named insureds who were defendants in pending litigation. The company paid Lynes a flat fee of $7,000 for each case he handled for the insureds; the company was to pay him $4,800 at the time of the initial assignment and the remainder when the file was closed.Lynes was charged with misconduct in three lumber company matters, all construction defect cases. Although he was required to provide monthly status reports and quarterly billing to the lumber company, he did not do so. He settled one matter without notifying the company, which learned of the settlement from another defense counsel.The company fired Lynes in the other two matters and asked him to immediately provide the file to new counsel. In one case he never provided the file and in the other, the file was incomplete. The bar court found that Lynes failed to promptly release client papers or respond to his client’s reasonable status requests.Lynes also was hired to write a letter to a client’s lender to force a foreclosure so the client could obtain a new loan through the Veterans Administration after declaring bankruptcy. (The house sat empty for two years and because the bank never foreclosed, and the owner could not get a new loan.)When the bank finally foreclosed, the client said Lynes told him there was a great deal of money left on the retainer. Lynes denied that and the client was unable to provide an exact amount. Both parties testified at trial that they discussed regarding spending the rest of the retainer to determine if the client could qualify for a refinance on an existing loan. Lynes also said the client wanted him to explore the issue of whether he had had a claim of damages against the bank for its failure to foreclose in a timely manner. Although Lynes stated that he would do the research, he did not contact his client for two months.The bar court found that Lynes failed to refund unearned fees or account for client funds.Lynes did not cooperate with the bar’s investigation of any of the charges against him. In mitigation, he had no prior discipline in 14 years of practice.In the disciplinary matter that took effect Feb. 8, Lynes handled a bankruptcy for which the clients paid a $2,000 advance fee. He filed an incomplete petition and the matter eventually was dismissed because he failed to file documents on time. Lynes stipulated that he failed to perform legal services competently, respond to his clients’ reasonable status inquiries, refund unearned fees or cooperate with the bar’s investigation. |