Modesto, CA 95357-1548
14 June 2014 | Active (9 years, 10 months ago) |
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13 June 2013 | Not eligible to practice law in CA (10 years, 10 months ago) Discipline w/actual suspension 10-O-00469 |
3 December 2001 | Admitted to the State Bar of California (22 years, 4 months ago) |
June 13, 2013 DAVID MICHAEL SPIEKER [#215548], 55, of Modesto, was suspended for two years, stayed, placed on two years’ probation with an actual one-year suspension and ordered to take the MPRE, pay restitution and comply with rule 9.20 of the California Rules of Court. The order took effect June 13, 2013. Spieker stipulated to misconduct in five loan modification matters, including failing to perform legal services with competence and failing to return unearned fees. In addition, Spieker formed a partnership with non-lawyers, allowed his name to be used in connection with their loan modification business, shared fees with non-lawyers, aided in the unauthorized practice of law and left the partnership without taking custody of client files for which he was responsible.According to the stipulation, Spieker entered into a partnership with two non-lawyers who did business under the names Home Loan Auditors, Century Alliance Group and Century Law Center, operating the partnership with them from May to September 2009.As part of their agreement, Spieker received a salary and the two non-lawyers took what was left from legal fees the business brought in for loan modification services. During the course of their partnership, the two partners and other non-lawyers handled loan modification cases, engaging in the unauthorized practice of law, aided by Spieker. On Sept. 25, 2009, the two partners fired Spieker, and Spieker abandoned the business leaving client files behind.In mitigation, Spieker had no prior discipline and cooperated with the State Bar by entering into a stipulation. He was ordered to pay $28,995 in restitution, plus interest. |