Florence, AZ 85132
8 February 2013 | Disbarred (12 years, 2 months ago) Disbarment 12-N-13317 |
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30 September 2012 | Not eligible to practice law in CA (12 years, 7 months ago) Ordered inactive 12-N-13317 |
12 January 2012 | Not eligible to practice law in CA (13 years, 3 months ago) Discipline w/actual suspension 09-O-13007 |
1 July 2011 | Not eligible to practice law in CA (13 years, 10 months ago) Suspended, failed to pay fees |
1 February 2011 | Disciplinary charges filed in State Bar Court 09-O-13007 (14 years, 3 months ago) |
20 July 2009 | Active (15 years, 9 months ago) |
1 July 2009 | Not eligible to practice law in CA (15 years, 10 months ago) Suspended, failed to pay fees |
18 May 1998 | Admitted to the State Bar of California (26 years, 11 months ago) |
February 8, 2013 CLARENCE MICHAEL BALINGIT [#194890], 49, of Florence, Ariz., was disbarred Feb. 8, 2013, was and ordered to comply with rule 9.20 of the California Rules of Court. Balingit failed to meet the requirements of a 2012 disciplinary order that required compliance with rule 9.20 — he was required to submit to the State Bar Court a declaration that he notified his clients, opposing counsel and other interested parties of his suspension. Failure to submit the affidavit is grounds for disbarment.In the underlying case, Balingit stipulated to 17 counts of misconduct in four matters, including failures to perform legal services competently, refund advance fees, release client files, respond to reasonable status requests, maintain or promptly pay out client funds or cooperate with the bar’s investigation. He also misappropriated client funds, committing an act of moral turpitude.January 12, 2012 CLARENCE MICHAEL BALINGIT [#194890], 47, of Florence, Ariz., was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he makes restitution, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 12, 2012. Balingit stipulated to 17 counts of misconduct in four matters.He told a client he represented in a misdemeanor traffic citation case that the matter was resolved when he knew he had not paid the client’s traffic fines. Balingit denies receiving $445 to pay the fines and denies telling the client he had done so. The fines were never paid, Balingit did not return the client’s repeated phone calls over three months and he didn’t cooperate with the bar’s investigation.He was hired to file a personal injury lawsuit and although he repeatedly told the client he had done so, he never filed suit. He received $20,733 in insurance funds, and paid the client $12,809 and his doctors $3,148. He allowed the balance in his trust account to fall below the required amount, and he didn’t pay the client the full amount owed for more than two years. He stipulated that he misappropriated at least $4,518 and also didn’t give the client’s new lawyer his file, including videotapes and photos of the client’s injuries.Although Balingit filed suit for another client who was injured in an accident, he entered into a stipulation with the opposing attorney dismissing his client’s request for punitive damages. He had alleged that the other driver was driving under the influence at the time of the accident. The client hired a new lawyer after Balingit did not respond to his phone calls, but Balingit never released the file.In the final case, he did no work on a bankruptcy petition, did not respond to his client’s status requests, and for months did not refund unearned fees or return the file.Balingit stipulated that he failed to perform legal services competently, refund advance fees, release client files, respond to reasonable status requests, maintain or promptly pay out client funds or cooperate with the bar’s investigation. He also misappropriated client funds, committing an act of moral turpitude.In mitigation, Balingit had no prior discipline record, cooperated with the bar’s investigation and presented evidence of his good character. |