Sugar Grove, IL 60554
13 November 2014 | Disbarred (10 years, 5 months ago) Disbarment 14-O-00138 |
---|---|
12 June 2014 | Not eligible to practice law in CA (10 years, 10 months ago) Ordered inactive 14-O-00138 |
7 April 2014 | Disciplinary charges filed in State Bar Court 14-O-00138 (11 years ago) |
6 December 2012 | Discipline, probation; no actual susp. 12-O-10063 (12 years, 4 months ago) |
2 May 2012 | Disciplinary charges filed in State Bar Court 12-O-10063 (13 years ago) |
25 June 2011 | Not eligible to practice law in CA (13 years, 10 months ago) Discipline w/actual suspension 09-O-11594 |
4 December 2001 | Admitted to the State Bar of California (23 years, 5 months ago) |
November 13, 2014 CATHERINE ANN MOSCARELLO [#216384], 48, of Sugar Grove, Ill., was disbarred Nov. 13, 2014 and ordered to comply with rule 9.20 of the California Rules of Court and make restitution. Moscarello stipulated that she didn’t comply with the terms of a 2012 disciplinary order. She submitted four quarterly reports to the Office of Probation late and did not provide proof of restitution. She was ordered to pay the previously unpaid $1,200 plus interest in restitution. Moscarello had two prior records of discipline. In 2013, she was suspended for failing to refund unearned fees. In 2011, she was suspended for misconduct in eight matters including improper withdrawal from employment with a client and failing to perform competently, refund unearned fees to a client, return a file to a client, communicate adequately with a client or cooperate in a State Bar investigation. December 6, 2012 CATHERINE ANN MOSCARELLO [#216384], 46, of Irvine was suspended for one year, stayed, placed on one year of probation, and she was ordered to make restitution. The order took effect Dec. 6, 2012. Moscarello stipulated that she failed to refund an advance fee to a client whom she represented in negotiations with creditors. When the client moved to Indiana and terminated Moscarello, the lawyer indicated she would refund the client’s $1,200 fee. Despite several promises, she did not do so until she offered to repay the client in installments of $300. At the time of the stipulation, Moscarello had not made any repayments.She also was disciplined in 2011 for misconduct in eight matters, including failures to perform legal services competently, refund unearned fees, return a client file, communicate with clients or cooperate with the bar’s investigation, and she improperly withdrew from representation.In mitigation, she cooperated with the bar’s investigation.June 25, 2011 CATHERINE ANN MOSCARELLO [#216384], 45, of Irvine was suspended for two years, stayed, placed on three years of probation and was actually suspended for one year and until she makes restitution and proves her rehabilitation. She also was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect June 25, 2011. Moscarello stipulated to 23 counts of misconduct in eight matters, most of them for failing to do the work for which she was hired. All the matters involved bankruptcies. She also did not refund unearned fees in all the matters but two.In one matter, for example, a client paid flat fee of $5,098 for Moscarello to file personal and a corporate bankruptcy petitions. Although she prepared and filed the corporate bankruptcy petition, she failed to appear at the hearing and the client represented herself. Moscarello also prepared and filed the personal bankruptcy petition but did not prepare the necessary paperwork. The client ultimately filled out and filed paperwork herself.The client asked for a refund of her fee and in 17 phone calls over three months sought a status update. Moscarello didn’t answer the calls or refund any money. She also did not respond to a bar investigator’s queries.In another bankruptcy matter, she neither prepared nor filed a petition, did not respond to her client’s phone calls, emails or text messages and didn’t refund the $1,000 advance fee.In mitigation, Moscarello suffered from a non-specific seizure disorder, which is now being medically treated, as well as bilateral pneumonia, and had multiple surgeries during the period of her misconduct. She closed her office, formed a partnership with another lawyer and stopped advertising. |