Roseville, CA 95747-5157
23 August 2010 | Active (13 years, 8 months ago) |
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25 April 2010 | Not eligible to practice law in CA (14 years ago) Discipline w/actual suspension 07-O-14008 |
23 August 2007 | Active (16 years, 8 months ago) |
25 May 2007 | Not eligible to practice law in CA (16 years, 11 months ago) Discipline w/actual suspension 03-O-01775 |
8 December 1999 | Admitted to the State Bar of California (24 years, 4 months ago) |
May 24, 2007 JUSTIN MATTHEW GINGERY [#204217], 33, of Elk Grove was suspended for two years, stayed, placed on two years of probation with a 90-day actual suspension and was ordered to prove his rehabilitation, comply with rule 9.20 and take the MPRE within one year. The order took effect May 24, 2007. Gingery stipulated to two counts of misconduct — failing to maintain funds in trust for a client and aiding and abetting the unauthorized practice of law.Gingery maintained both a business account and a client trust account at the same bank. When he received settlement checks, he deposited them in his trust account, but then typically wrote two checks from that account for each client. The first was payable to the client and represented the client’s share of the settlement. The second was to Gingery’s business account and included both his fees and funds he was holding to pay medical liens.He then paid medical lienholders with checks from his business account. By doing so, he failed to maintain medical lien funds in his trust account.Gingery had offices in Sacramento, where he lived, and in Chico, where he employed his father as his senior administrator with limited supervision. He allowed his father to interview new clients, sign medical liens on Gingery’s behalf, negotiate settlements with insurance companies, discuss settlements with clients, deposit settlement fees in his trust account and provide instructions on how to distribute settlement proceeds.By doing so, the father was practicing law. Several insurance adjusters believed the father was an attorney, and Gingery never advised them otherwise.Gingery contends that he took the following steps to insure that his father was not acting as an attorney: he spent three to four days a week in the Chico office and later closed it; either he or his partners supervise his father’s work; clients and insurance adjusters are notified the father is not an attorney; negotiations are conducted by lawyers; and all questions from clients, doctors and insurance adjusters are answered by lawyers.In mitigation, Gingery cooperated with the bar’s investigation. He acted in good faith, believing he was helping his clients. |