San Diego, CA 92101-6930
13 August 2011 | Disbarred (13 years, 10 months ago) Disbarment 08-O-10597 |
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21 May 2011 | Not eligible to practice law in CA (14 years, 1 month ago) Discipline w/actual suspension 04-O-14833 |
25 March 2011 | Not eligible to practice law in CA (14 years, 2 months ago) Ordered inactive 08-O-10597 |
21 July 2010 | Active (14 years, 11 months ago) |
20 May 2010 | Not eligible to practice law in CA (15 years, 1 month ago) Ordered inactive 04-O-14833 |
29 December 2000 | Admitted to the State Bar of California (24 years, 5 months ago) |
August 13, 2011 MICHAEL JOHANN SCHUNK [#212138], 40, of San Diego was disbarred Aug. 13, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Schunk stipulated to eight acts of misconduct in three matters.While representing the plaintiff in a civil case, Schunk didn’t appear at a case management conference and sent another lawyer to appear at a subsequent order to show cause hearing. The court ordered Schunk to appear or the case would be dismissed. Schunk filed a declaration stating he attempted to contact the court for a telephonic appearance but his calls were not answered. The case was dismissed when he failed to appear at another hearing.Nonetheless, Schunk told the client the case was on track. When the client learned the truth, he was unable to reach Schunk to have the case reopened or to obtain his file. Schunk stipulated that he failed to perform legal services competently, keep a client informed of developments in his case or return a client file, and he committed acts of moral turpitude by making misrepresentations to his client. He also failed to perform legal services competently in an immigration case by not filing a petition to have the client’s removal cancelled. He also didn’t tell the client he would not file such a petition.In the third matter, Schunk was hired to manage residential rental property held in a trust and to deposit all funds received in an interest-bearing trust account. He received a percentage of the rent as compensation but didn’t deposit it in a trust account, nor did he deposit funds he subsequently collected from some tenants. He also didn’t account for the funds.The trustee obtained a judgment of nearly $24,000 against Schunk and although he agreed to repay $15,000 in monthly payments, he didn’t do so.Schunk stipulated that he failed to deposit client funds in a trust account, account for client funds or pay out funds to his client.In mitigation, he cooperated with the bar’s investigation. |