Los Angeles, CA 90006
10 May 2013 | Disbarred (12 years, 1 month ago) Disbarment 11-O-13837 |
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14 December 2012 | Not eligible to practice law in CA (12 years, 6 months ago) Ordered inactive 11-O-13837 |
19 December 2011 | Disciplinary charges filed in State Bar Court 11-O-13837 (13 years, 6 months ago) |
14 September 2011 | Not eligible to practice law in CA (13 years, 9 months ago) Discipline w/actual suspension 07-O-11228 |
12 June 1995 | Admitted to the State Bar of California (30 years ago) |
May 10, 2013 GARY D. OLIVE [#176748], 53, of Los Angeles was disbarred May 10, 2013 and was ordered to comply with rule 9.20 of the California Rules of Court and to pay restitution. Olive stipulated to misconduct in six client matters including failure to perform legal services with competence, failure to promptly return unearned fees, failure to cooperate with a State Bar investigation, unauthorized practice of law and violating the terms of his probation.In one of the matters, Olive filed a late and meritless motion on behalf of a couple hoping to reopen their legal matter and apply for asylum. Despite providing no services of value, Olive failed to refund any portion of the $2,150 the couple paid him. Olive also failed to respond to letters a State Bar investigator sent him inquiring about a complaint the couple filed against him. He was ordered to pay $3,600 in restitution, plus interest.Olive had one prior record of discipline. In 2011, he stipulated to 39 counts of misconduct in 20 client matters, most of which involved loan modification activities in which he failed to perform legal services competently. Olive also stipulated that he split fees with non-lawyers in many of those cases. He was suspended for three years, stayed, with an actual two-year suspension and until he made restitution and proved his rehabilitation.September 14, 2011 GARY D. OLIVE, 52, of Los Angeles was suspended for three years, stayed, actually suspended for two years and until he makes restitution and proves his rehabilitation, and was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Sept. 14, 2011. Olive stipulated to 39 counts of misconduct in 20 matters. Sixteen involved loan modification activities in which he failed to perform legal services competently. In most cases, he also failed to refund unearned fees.Olive offered his services through companies called either Home 911, LLC, Ocwen Solutions, LLC, or Aqua Strategic Solutions, LLC, which was owned by a non-lawyer. Although the facts of each case are different, Olive typically provided incorrect information to banks, some clients’ homes were lost to foreclosure, he returned files late or didn’t respond to client inquiries. He did not obtain a single loan modification. Some banks offered a modification package but Olive was not available for consultation. He also violated a state law prohibiting advance fees for loan modification work without meeting requirements established by the Department of Real Estate. Generally, the fee agreement promised a $2,000 refund from the $2,495 fee if the loan modification was unsuccessful.Olive also stipulated that he split fees with a non-lawyer in 12 of the loan modification cases.Olive admitted he committed five acts of professional misconduct in four matters that didn’t involve loan modifications. He used his client trust account to pay personal and business expenses, and did not return a client’s file for more than five months. He failed to keep another client apprised of developments in his case, and improperly withdrew from another case.Olive agreed to notify six clients that he will participate in fee arbitration proceedings with them and to pay nearly $33,000 in restitution.In mitigation, Olive participates in the Lawyer Assistance Program and no longer handles loan modification cases.In December 2011, the bar filed four charges of misconduct against Olive in an immigration matter; those charges are pending. |