Temecula, CA 92590
16 July 2015 | Disbarred (9 years, 9 months ago) Disbarment 13-O-15020 |
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6 December 2014 | Not eligible to practice law in CA (10 years, 4 months ago) Ordered inactive 13-O-15020 |
1 July 2014 | Not eligible to practice law in CA (10 years, 10 months ago) Suspended, failed to pay fees |
13 May 2014 | Disciplinary charges filed in State Bar Court 13-O-16492 (10 years, 11 months ago) |
21 March 2014 | Disciplinary charges filed in State Bar Court 13-O-15020 (11 years, 1 month ago) |
8 January 2014 | Not eligible to practice law in CA (11 years, 3 months ago) Discipline w/actual suspension 12-O-14553 |
20 December 2012 | Disciplinary charges filed in State Bar Court 12-O-14553 (12 years, 4 months ago) |
11 September 2012 | Active (12 years, 7 months ago) |
30 July 2012 | Not eligible to practice law in CA (12 years, 9 months ago) Suspended, failed to pass Prof.Resp.Exam 09-O-10369 |
16 June 2012 | Discipline, probation; no actual susp. 10-O-10931 (12 years, 10 months ago) |
27 May 2011 | Discipline, probation; no actual susp. 09-O-10369 (13 years, 11 months ago) |
5 February 1998 | Admitted to the State Bar of California (27 years, 3 months ago) |
July 16, 2015 ANDREW FRANCIS LINEHAN [#194350], 54, of Temecula, was disbarred July 16, 2015 and ordered to comply with rule 9.20 of the California Rules of Court. A State Bar Court judge found Linehan culpable of noncompliance with the conditions of his probation and a court order as well as moral turpitude. He failed to comply with the terms of his disciplinary probation by, among other things, not contacting the Office of Probation by deadline to schedule a meeting, not submitting six quarterly and a final report on time and not attending Ethics School by deadline. In addition, he made misrepresentations in his probation reports as to whether there were any proceedings against him in State Bar Court. In fact, the State Bar had filed new charges in another case while he was on probation.In another matter, he did not comply with a judge’s sanction order to pay $3,775 to the opposing attorney in a case within 15 days.Linehan had three prior records of discipline. In January 2014, he was suspended after he was found culpable of not paying court-ordered sanctions in two client matters, not cooperating with the State Bar in three disciplinary investigations and engaging in the unauthorized practice of law in one matter. In June 2012 he was suspended after he failed to pay two sanction orders imposed in a civil matter. Lastly, he was suspended in May 2011 after he stipulated he commingled funds and failed to perform legal services competently and did not return a client file or refund an advance fee.January 8, 2014 ANDREW FRANCIS LINEHAN [#194350], 52, of Temecula was suspended for three years, stayed, placed on three years’ probation with an actual one-year suspension and until he makes restitution. He was also ordered to comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 8, 2014. The State Bar Court found that Linehan failed to obey court orders or cooperate in a State Bar investigation and practiced law when he was not eligible to do so. Linehan’s misconduct involved three client matters.In one matter, in 2011, Linehan failed to pay $2,600 in sanctions to the opposing party in a dissolution matter. He later failed to formally respond to a State Bar investigator’s inquiries about the matter. In another case, in 2010, Linehan was ordered to pay the attorney for the plaintiff $33,766.50 in sanctions, but again did not do so or respond to a State Bar’s investigator’s letter asking him to respond to the allegations.In 2012, Linehan was suspended as the result of not providing proof of having passed the MPRE as required by a 2011 disciplinary order. While he was suspended, he represented a client at a court hearing because the client had to take his daughter for chemotherapy and could not attend. Linehan again failed to respond to a State Bar investigator’s inquiries – this time involving allegations that he had engaged in the unauthorized practice of law. Linehan has two prior records of discipline. In April 2011, he was suspended for misconduct in two client matters and a client trust accounting matter that included failing to perform legal services with competence or maintain client funds in a client trust account, and two counts of failing to promptly return client files and property. In May 2012, he was suspended again for nonpayment of sanctions in one client matter.June 16, 2012 ANDREW FRANCIS LINEHAN, 50, of Temecula was suspended for two years, stayed, and was placed on two years of probation. The order took effect June 16, 2012. Linehan stipulated that he failed to pay two sanctions orders imposed in a civil matter when he did not serve timely responses to discovery or appear at a hearing. He was sanctioned a total of $1,010 but did not pay until he was contacted by the State Bar.He was disciplined in 2011 for failing to perform legal services competently. In mitigation, Linehan cooperated with the bar’s investigation.May 27, 2011 ANDREW FRANCIS LINEHAN [#194350], 50, of Temecula was suspended for 18 months, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect May 27, 2011. Linehan stipulated to four counts of misconduct in three matters.When he purchased a law firm and became a partner with the owner, he inherited two clients who had sued a nursing home on a contingency basis. He appeared at a mediation and an associate appeared at several hearings. The partnership dissolved and Linehan kept the files, but he believed the nursing home case was the partner’s and he took no action to withdraw. He missed several hearings and the case was dismissed. He did not return the file until after the bar contacted him.Linehan didn’t do any work for another client who hired him to obtain a refund from an architect. He also kept his own money in his client trust account.He stipulated that he commingled funds and failed to perform legal services competently, return a client file or refund an advance fee.In mitigation, he cooperated with the bar’s investigation. |