San Francisco, CA 94105-3727
3 July 2019 | Disbarred (5 years, 10 months ago) Disbarment 17-C-06638 |
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1 February 2019 | Not eligible to practice law in CA (6 years, 3 months ago) Ordered inactive 17-C-06638 |
9 September 2018 | Not eligible to practice law in CA (6 years, 7 months ago) Ordered inactive 17-C-06638 |
11 June 2018 | Not eligible to practice law in CA (6 years, 10 months ago) Interim suspension after conviction 17-C-06638 |
26 April 2018 | Conviction record transmitted to State Bar Court 17-C-06638 (7 years ago) |
26 February 2006 | Not eligible to practice law in CA (19 years, 2 months ago) Discipline w/actual suspension 05-PM-03997 |
22 October 2005 | Not eligible to practice law in CA (19 years, 6 months ago) Ordered inactive 05-PM-03997 |
25 August 2005 | Disciplinary charges filed in State Bar Court 05-PM-03997 (19 years, 8 months ago) |
15 June 2002 | Not eligible to practice law in CA (22 years, 10 months ago) Discipline w/actual suspension 00-O-13331 |
22 June 2001 | Disciplinary charges filed in State Bar Court 00-O-14988 (23 years, 10 months ago) |
12 April 2001 | Disciplinary charges filed in State Bar Court 00-O-13331 (24 years ago) |
26 June 1999 | Admitted to the State Bar of California (25 years, 10 months ago) |
February 26, 2006 R. SCOTT DERVAES JR. [#202133], 37, of San Francisco Probation was revoked, the previous stay of suspension was lifted and he was actually suspended for three years and until he proves his rehabilitation. Credit toward the actual suspension was given for the period of involuntary inactive enrollment that began Oct. 22, 2005. The order took effect Feb. 26, 2006. Dervaes was disciplined in 2002 and until 2005 complied with the terms of his probation. Since then, however, he failed to submit quarterly probation reports, CPA reports or a mental health report or provide proof of monthly 12-step meetings or compliance with restitution requirements. The underlying discipline was imposed for misconduct in two client matters and one non-client matter and included failure to perform legal services competently, respond to client inquiries or refund unearned fees, abandoning clients, misappropriating client funds and committing acts of moral turpitude.Dervaes did not participate in the proceedings.June 15, 2002 R. SCOTT DERVAIS II [#202133], 33, of San Francisco was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect June 15, 2002. Dervais stipulated to misconduct in three consolidated matters.He substituted in to a wrongful termination case for which he received $3,000 in advance fees and costs. After meeting with the client so she could provide him with discovery answers, he did no further work on the case. He did not return the client's numerous phone calls and when she hired a new lawyer, he did not provide the file or sign a substitution form. He also did not refund any of the advance fee.He stipulated that he failed to perform legal services competently, communicate with his client, take steps to avoid prejudice to his client, refund an advance fee or maintain a current address with the State Bar. He also improperly withdrew from employment and misappropriated client funds.In the second matter, Dervais signed a student loan application which contained four factual errors, including the misspelling of his name and transposing two numbers in his Social Security number. Dervais' uncle served as the guarantor on the loan, which Dervais did not repay. He stipulated that he committed an act of moral turpitude.In the third matter, he represented a client in a civil action, receiving $4,000 in advance fees. Because he was out of his office for two months, he sought an extension of time to respond to discovery. Although it was granted, Dervais did not respond to discovery, return his client's phone calls, or inform the client about a scheduled case management conference. The client learned about the conference when his wife reviewed the court's docket. He appeared but Dervais did not. The client hired a new lawyer and the court ordered Dervais to pay the client $473 in sanctions. The case finally was resolved at a settlement conference.Dervais stipulated that he failed to perform legal services competently, respond to a client's status inquiries, pay court-ordered sanctions, refund unearned fees or cooperate with the bar's investigation. He also improperly withdrew from employment.In mitigation, Dervais states that he suffered from serious emotional problems while a young adult and became addicted to ketamine. He completed a 28-day rehabilitation program. He claims he was referred to an attorney who was to help him wrap up some pending cases, but he never followed up or filed substitutions of attorney in the cases, nor did he file motions to withdraw. |