Saint Helena, CA 94574-0667
11 April 2009 | Active (16 years ago) |
---|---|
12 March 2009 | Not eligible to practice law in CA (16 years, 1 month ago) Discipline w/actual suspension 06-O-12903 |
7 December 1995 | Admitted to the State Bar of California (29 years, 5 months ago) |
March 12, 2009 LESTER FLORRID HARDY [#178559], 56, of St. Helena was suspended for two years, stayed, placed on two years of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect March 12, 2009. Hardy stipulated that he committed four acts of misconduct while representing beneficiaries of a family trust who had a potential conflict of interest. Prior to 1999, he was hired to prepare trust documents and give estate planning advice to a couple who owned a winery. He represented the couple, their winery and their family trust.Both the wife and the couple’s daughter were co-trustees and beneficiaries of the trust. Hardy represented both, as well as other beneficiaries. He did not advise his clients of a potential conflict of interest.When the husband died, Hardy agreed to handle the administration of his estate and the transfer of his assets, including the vineyard, to the family trust. He filed a probate action in court, but did not pursue it and for about five years, made false statements about his progress to the wife.He also agreed to handle the vineyard’s application for a use permit to allow increased wine production, tours and tastings, but he took no steps to obtain the permit and continued to make misrepresentations about his progress.The wife decided to sell the vineyard in 2001, but other beneficiaries disagreed, creating a conflict of interest among the parties. Although Hardy was aware of the conflict, he did not advise his clients or obtain their written consent.He eventually admitted to his client that he had lied to her on numerous occasions.Hardy stipulated that he committed acts of moral turpitude, failed to perform legal services competently, and accepted and continued representation of clients who had a conflict of interest.In mitigation, he has no prior record of discipline since his 1995 admission to the bar, and he was suffering from extreme emotional difficulties at the time, which have been treated. He cooperated with the bar’s investigation and displayed remorse. |