Charles Connell McCarthy was admitted to the California Bar 14th June 1949, but has since been disbarred. Charles graduated from Northwestern University SOL.

Lawyer Information

NameCharles Connell McCarthy
First Admitted14 June 1949 (75 years, 11 months ago)
StatusDisbarred
Bar Number20803

Contact

Phone Number818-981-1391
Fax Number818-981-3503

Schools

Law SchoolNorthwestern University SOL (Chicago IL)
Undergraduate SchoolNorthwestern State University (Natchitches LA)

Address

Current AddressP O Box 261182
Encino, CA 91426
Map

History

9 November 2006Disbarred (18 years, 5 months ago)
Disbarment 03-N-02791
11 May 2006Not eligible to practice law in CA (18 years, 12 months ago)
Ordered inactive 03-N-02791
1 June 2004Disciplinary charges filed in State Bar Court 04-O-11745 (20 years, 11 months ago)
9 September 2003Disciplinary charges filed in State Bar Court 03-N-02791 (21 years, 8 months ago)
10 January 2003Not eligible to practice law in CA (22 years, 3 months ago)
Discipline w/actual suspension 96-O-00528
15 April 2002Active (23 years ago)
14 August 2000Active (24 years, 8 months ago)
14 August 2000Not eligible to practice law in CA (24 years, 8 months ago)
Ordered inactive 96-O-00528
24 November 1999Disciplinary charges filed in State Bar Court 96-O-00528 (25 years, 5 months ago)
31 December 1991Inactive (33 years, 4 months ago)
14 June 1949Admitted to the State Bar of California (75 years, 11 months ago)

Discipline Summaries

November 9, 2006

CHARLES C. McCARTHY [#20803], 84, of Encino was disbarred Nov. 9, 2006, and was ordered to comply with rule 955.

The State Bar Court review department rejected a hearing judge’s recommendation that McCarthy be suspended for four years and placed on five years of probation for failing to comply with rule 955 and committing acts of moral turpitude by making misrepresentations in his quarterly probation reports, which he filed late. Instead, the review panel urged McCarthy’s disbarment for what it called his “classic, willful violation of rule 955.”

McCarthy originally was disciplined in 2003 for misappropriating more than $20,000 from a partner in a limited partnership of which McCarthy was the general partner. Although the hearing judge in that matter urged his disbarment, the review department reduced the recommended discipline.

When he was later charged with violating the terms of his probation and faced a bar court trial, McCarthy refused to participate and instructed his counsel to also not participate because he said the trial would take five days instead of the scheduled two days. He also invoked “fundamental constitutional questions of notice and opportunity to be heard.”

The hearing judge rejected his arguments and proceeded with trial.

The review department found that McCarthy’s probation violations were “willful and dishonest” and said his efforts to delay his trial were simply an attempt “to obstruct the disciplinary proceeding.”

McCarthy’s “cavalier attitude toward the disciplinary system convinces us that (McCarthy) does not have the ability or willingness to conform to professional norms for the protection of the public and the administration of justice,” wrote Judge Madge Watai for the review panel.

January 10, 2003

CHARLES CONNELL McCARTHY [#20803], 80, of Encino was suspended for four years, stayed, placed on three years of suspension with a two-year actual suspension, and was ordered to make restitution, take the MPRE and comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. He is given credit for a period of involuntary inactive enrollment. The order took effect Jan. 10, 2003.

A State Bar Court judge recommended McCarthy's disbarment because she found he misappropriated funds constituting an act of moral turpitude, and he sought an agreement to have a complaining witness withdraw his complaint to the State Bar as a condition of settlement.

The review department reduced the recommended discipline, although it agreed he committed the misconduct.

McCarthy was a general partner of Kau-Kona Land Co., a California limited partnership, and was found to have breached his fiduciary duties and misappropriated funds by refusing to distribute to one of the limited partners his share of the company's funds.

The dispute between the two arose when McCarthy refused to distribute the limited partner's share of partnership profits unless he signed a release absolving McCarthy of any claims arising from his stewardship of Kau. An arbitrator awarded the limited partner $31,606.22, but he was able to collect only $4,113.28.

McCarthy filed for bankruptcy, and sought to have his debts discharged, including the award still owed to the limited partner. The bankruptcy court found that award was not dischargeable and awarded the limited partner $27,493.

McCarthy and the limited partner negotiated a settlement of $25,000, which included a requirement that the limited partner contact the State Bar to withdraw any complaints.

The hearing judge found McCarthy misappropriated funds, his conduct involved moral turpitude, and he improperly conditioned a civil settlement agreement on the withdrawal of a State Bar complaint. The review department agreed.

In mitigation, McCarthy has no record of discipline in more than 50 years of practice, he presented evidence that he consulted a financial manager, who advised him that requiring a release before distributing the funds was proper.