Andrew MacLaren Stewart was admitted to the California Bar 6th December 1999, but has since been disbarred. Andrew graduated from University of San Diego SOL.
Lawyer Information
| Name | Andrew MacLaren Stewart |
|---|---|
| First Admitted | 6 December 1999 (25 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 204170 |
Contact
| Current Email | [email protected] |
|---|---|
| Previous Email | [email protected] |
| Fax Number | 619-923-2080 |
Schools
| Law School | University of San Diego SOL (San Diego CA) |
|---|---|
| Undergraduate School | California St University Fresno (Fresno CA) |
Address
| Current Address | Andrew Muhammad Stewart, 3515 India St San Diego, CA 92103 |
|---|---|
| Map | |
| Previous Address | Andrew Stewart 877 Island Ave Unit 608 San Diego, CA 92101 |
History
| 11 October 2015 | Disbarred (9 years, 6 months ago) Disbarment 13-O-15838 |
|---|---|
| 19 March 2015 | Not eligible to practice law in CA (10 years, 1 month ago) Ordered inactive 13-O-15838 |
| 22 August 2014 | Not eligible to practice law in CA (10 years, 8 months ago) Ordered inactive 13-O-15838 |
| 1 July 2014 | Not eligible to practice law in CA (10 years, 10 months ago) Admin Inactive/MCLE noncompliance |
| 2 June 2014 | Disciplinary charges filed in State Bar Court 13-O-15838 (10 years, 11 months ago) |
| 19 February 2013 | Not eligible to practice law in CA (12 years, 2 months ago) Suspended, failed to pass Prof.Resp.Exam 10-O-07060 |
| 22 March 2012 | Active (13 years, 1 month ago) |
| 11 January 2012 | Not eligible to practice law in CA (13 years, 3 months ago) Discipline w/actual suspension 10-O-07060 |
| 6 December 1999 | Admitted to the State Bar of California (25 years, 5 months ago) |
Discipline Summaries
October 11, 2015 ANDREW MACLAREN STEWART [#204170], 43, of San Diego, was disbarred Oct. 11, 2015 and ordered to comply with rule 9.20 of the California Rules of Court. Stewart failed to respond to a notice of disciplinary charges filed by the State Bar and his default was entered. He did not attempt to have the default set aside or vacated within 90 days as required under rule 5.85 of the State Bar’s Rules of Procedure so the State Bar moved to disbar him and the charges were deemed admitted.Stewart failed to comply with the terms of his disciplinary probation by failing to submit quarterly reports to probation, a report from a certified public accountant on his handling and accounting of client funds or contact the State Bar within the first 30 days of his probation.Stewart was previously suspended in January 2012 for entering into a business transaction with a client in which he obtained a pecuniary interest adverse to the client and failing to account for client funds or maintain the proper balance in his client trust account.January 11, 2012 ANDREW McLAREN STEWART [#204170], 39, of San Diego was suspended for one year, stayed, placed on two years of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect Jan. 11, 2012. Stewart stipulated to five counts of misconduct in a personal injury case he took on a contingency fee basis. Under the fee agreement, he was entitled to 45 percent of the gross recovery he obtained for his client. He subsequently associated with another lawyer and entered into a second fee agreement under which he was entitled to half of the gross recovery through settlement or prior to filing a lawsuit and 56 percent of the recovery obtained through mediation, arbitration or jury trial. In other words, Stewart’s interest in the recovery increased by 11 percentage points with a second fee agreement although he never advised his client to seek independent legal advice.Stewart later loaned his client $15,000; in return, the client agreed to repay amounts ranging from $17,000 to $25,000, depending on the outcome of the case and various deadlines.The claim settled for $1.2 million plus a $700,000 annuity. Stewart and the other lawyer were entitled to $1,064,000 for attorney fees (or 56 percent of $1,900,000) and to reimbursement of costs advanced. Stewart provided an inaccurate accounting of both the settlement and his costs, overcharging his client $1,174, and he did not maintain the proper balance in his client trust account.He later loaned the client another $20,000; in return, the client agreed to pay Stewart $35,000, consented to sell part of his annuity to repay Stewart, hired Stewart to broker the annuity sale for a broker fee of $10,000, and agreed to repay all costs and fees advanced by Stewart relating to the brokerage deal. He did not tell the client when the $35,000 was due; what portion of the annuity would be sold and how the sale would affect the value of the annuity; how the funds from the sale would be collected and maintained; and the nature and amount of the costs and fees related to the brokerage deal.Stewart stipulated to three counts of entering into a business transaction with a client in which he obtained a pecuniary interest adverse to the client. He also admitted he failed to account for client funds or maintain the proper balance in his client trust account.In mitigation, he had no prior discipline record, demonstrated remorse, had severe financial problems and he suffered from bipolar disorder. |