Paul Jay Messer was admitted to the California Bar 28th March 2003, but has since been disbarred. Paul graduated from California Western SOL.

Lawyer Information

NamePaul Jay Messer
First Admitted28 March 2003 (22 years, 1 month ago)
StatusDisbarred
Bar Number224537

Schools

Law SchoolCalifornia Western SOL (San Diego CA)
Undergraduate SchoolBrigham Young University (Provo UT)

Address

Current Address10147 Knight Dr
San Diego, CA 92126
Map

History

17 December 2009Disbarred (15 years, 4 months ago)
Disbarment 06-O-14595
19 June 2009Not eligible to practice law in CA (15 years, 10 months ago)
Ordered inactive 06-O-14595
13 March 2009Not eligible to practice law in CA (16 years, 1 month ago)
Ordered inactive 06-O-14595
14 October 2008Active (16 years, 6 months ago)
1 July 2008Not eligible to practice law in CA (16 years, 10 months ago)
Suspended, failed to pay fees
28 March 2003Admitted to the State Bar of California (22 years, 1 month ago)

Discipline Summaries

December 17, 2009

PAUL J. MESSER [#224537], 39, of San Diego was disbarred Dec. 17, 2009, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court.

In a default proceeding, the State Bar Court determined that Messer committed 11 acts of misconduct, including numerous acts of moral turpitude, in two matters.

In handling the probate of his client’s deceased wife, he said he would charge advance fees and costs of $1,500, including but not limited to filing fees. About a month later, he told the client the attorney’s fees would be $35,000, and an additional $32,000 would be required to prepare the estate tax return and pay estate taxes. According to Judge Richard Honn, who recommended Messer’s disbarment, the statements were false and were made, in part, to obtain payment of $67,000 from the client. Nonetheless, the client paid the bills and received no services in return.

Messer forged the client’s signature on documents filed with the court that indicated no fees had been paid.

Messer left the legal help center where he worked without notifying the client or the court, and neither could reach him. The client appeared at a hearing and notified the court of the situation. He was ordered to provide an accounting with the court but did not do so. When he finally filed a supplement to his original report, it contained numerous misstatements, made, in part, “to conceal his misconduct,” Honn wrote.

Messer filed a third supplement that also contained misstatements.

The court found him in contempt and ordered Messer to repay the $67,000. He also was required to execute a deed of trust on property he owned in San Diego to secure his obligation to refund the $67,000. Messer accepted a stipulation, knowing that his property had been lost to foreclosure. Honn said Messer agreed to the stipulation “in part, to obtain a reduced sentence from the court.”

When the State Bar opened an investigation, Messer made a series of misstatements to the investigator, including a claim that he “repeatedly” tried to refund the money to his client.

Honn found that Messer committed numerous acts of moral turpitude by misappropriating $67,000, making numerous misrepresentations and forging his client’s signature on pleadings submitted to the court. He also abandoned his client, collected an illegal fee, did not deposit the money in his trust account and violated court orders.

In a second similar probate matter, Messer filed a probate petition after the client gave him a $1,000 advance fee. He later told the client he owed $10,000 which the client paid, although the court had not approved payment of that amount. Messer later filed an appraisal of the client’s estate, changing the date from 2004 to 2005 and forging his client’s signature. The value of the estate also was listed at $253,000 more than its actual value. The appraisal included authorization for Messer to receive $10,000 in “statutory attorney fees,” although the client already had paid that amount.

Messer stopped working on the case without notifying the client and he also moved his office and disconnected his phone without providing any contact information. The client had to hire a new lawyer who corrected the appraised value of the estate and determined that Messer was owed $5,373 in compensation.

Honn found that Messer committed acts of moral turpitude, abandoned the client and charged an illegal fee.

In recommending Messer’s disbarment, Honn wrote, “The serious and unexplained nature of the misconduct; the lack of participation in these proceedings; as well as the self-interest and dishonesty underlying (Messer’s) actions suggest that he is capable of future wrongdoing and raise concerns about his ability or willingness to comply with his ethical responsibilities to the public and to the State Bar.”