Justin Allen

March 18, 2016

JUSTIN THOMAS ALLEN [#238195], 41, of Modesto, was suspended from the practice of law for six months and ordered to comply with rule 9.20 of the California Rules of Court and make restitution. He was also placed on two years’ probation and faces a two-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect March 18, 2016.

February 21, 2015

JUSTIN THOMAS ALLEN [#238195], 40, of Modesto, was suspended from the practice of law for 60 days and ordered to take the MPRE. He was also placed on two years’ probation and faces a two-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect Feb. 21, 2015. Allen stipulated to misconduct in three client matters, including failing to perform legal services with competence, take steps to avoid reasonably foreseeable prejudice to his clients, keep his client informed of significant developments, cooperate or participate in a disciplinary investigation, refund unearned fees or release client files. Allen was hired in 2012 to represent a woman in a breach of contract matter and made a series of missteps starting with filing her lawsuit in the wrong court. He signed a stipulation to transfer the matter to the appropriate venue, stating the client would pay the transfer costs, but did not inform the client of the venue change or get her permission to file the stipulation. When the defendants in the suit filed a cross complaint against the client, Allen did not inform her and later waived her right to jury trial without getting her permission to do so. He then failed to respond to a request for documents by the defendants’ attorneys, later sending an email to the client saying he was ill and that she “may want to hire a healthy attorney.” When the client’s mother came to Allen’s office to obtain her daughter’s file, Allen made her sign a substitution of attorney form without explaining it to her. The form listed the wrong address for the client, which resulted in the client not getting correspondence, motions or orders from the court or opposing counsel, and the court entered sanctions against the client. After the client filed a complaint against him, Allen did not respond to letters from a State Bar investigator seeking a response to the allegations. In one of the other matters, a man paid Allen $7,770 in advanced fees to represent him in an ongoing family law matter. Allen appeared in court to continue a hearing date and filed a declaration to request custody in the matter, neither of which benefited the client. He performed no legal services of value on his behalf. On Jan. 29, 2014, less than two weeks before the scheduled hearing date, Allen erroneously texted the client saying he was experiencing severe health problems and suggested he get a new lawyer. After receiving the message, the client demanded a refund and his file. When Allen didn’t oblige, the client filed a police report with the Turlock Police Department and a complaint with the State Bar. On Feb. 13, 2014, the client sent a text to Allen again requesting his file. Allen responded with: “per State Bar rules I will provide a digital copy to Turlock PD for free. Paper copies, if I have any, are .50 cents per page.” Soon after, the client’s new attorney tried to get Allen’s signature on a substitution of attorney form but was unable to and had to file the document without it. Allen then delivered an incomplete file to the new attorney. As of the date of his stipulation he had not returned the full file and had not refunded the advanced fees. Allen was ordered to pay $11,910 plus interest in restitution. In mitigation, Allen had no prior record of discipline and entered into a pretrial stipulation with the State Bar.