David R Cadwell

David R Cadwell was admitted to the California Bar 6th January 1960, but is now resigned. David graduated from UCLA SOL.

Lawyer Information

Name	David R Cadwell
First Admitted	6 January 1960 (65 years, 4 months ago)
Status	Resigned
Bar Number	30054

Contact

Phone Number	213-389-6760
Fax Number	213-389-6723

Schools

Law School	UCLA SOL (Los Angeles CA)
Undergraduate School	University of Minnesota (Minneapolis MN)

Address

Current Address	3699 Wilshire Blvd #880 Los Angeles, CA 90010
Map

History

8 March 2003	Resigned (22 years, 2 months ago) Resignation with charges pending 02-Q-15966
17 December 2002	Not eligible to practice law in CA (22 years, 4 months ago) Vol.inactive(tender of resign.w/charges) 02-Q-15966
16 November 2002	Not eligible to practice law in CA (22 years, 5 months ago) Ordered inactive 00-O-10703
1 September 2001	Not eligible to practice law in CA (23 years, 8 months ago) Admin Inactive/MCLE noncompliance
29 June 2001	Disciplinary charges filed in State Bar Court 00-O-10703 (23 years, 10 months ago)
20 August 1999	Not eligible to practice law in CA (25 years, 8 months ago) Discipline w/actual suspension 94-O-19185
28 May 1998	Disciplinary charges filed in State Bar Court 96-O-02387 (26 years, 11 months ago)
13 May 1998	Disciplinary charges filed in State Bar Court 97-O-10601 (26 years, 12 months ago)
31 March 1998	Disciplinary charges filed in State Bar Court 94-O-19185 (27 years, 1 month ago)
27 January 1998	Disciplinary charges filed in State Bar Court 96-O-04742 (27 years, 3 months ago)
18 December 1970	Not eligible to practice law in CA (54 years, 4 months ago) Suspended, failed to pay fees
11 March 1970	Not eligible to practice law in CA (55 years, 2 months ago) Interim suspension after conviction
6 January 1960	Admitted to the State Bar of California (65 years, 4 months ago)

Discipline Summaries

August 20, 1999

DAVID R. CADWELL [#30054], 65, of Los Angeles was suspended for five years, stayed, placed on five years of probation with a three-year actual suspension and until he makes restitution and proves his rehabilitation, and was ordered to take the MPRE and comply with rule 955. The order took effect Aug. 20, 1999.

Cadwell stipulated to misconduct in six consolidated cases.

In two matters, Cadwell allowed the balance in his client trust account to fall below the required amount and three times misappropriated client funds as a result of grossly reckless mismanagement of the trust account and lax maintenance of its records. He also failed to pay out client funds promptly, perform legal services competently, advise clients of significant developments in their case, or promptly return client files and papers.

In a personal injury matter in which he was retained by two clients, Cadwell filed a complaint but after it was sent to arbitration, he did little to pursue the matter. It was dismissed after the court concluded that the case did not go to trial within five years. Cadwell did not notify a client of the dismissal.

A claim for wrongful death and medical malpractice also went awry. The case was abated early when the court ordered that all indispensable parties be located; Cadwell stipulated that he should have acted diligently either to locate all parties, dismiss the case or withdraw as counsel.

He dismissed one defendant without discussing the issue with his client, and he subsequently missed court hearings. The case was dismissed. Cadwell's actions did not give his clients the opportunity to seek other counsel. He decided unilaterally that the matter could not be prosecuted and allowed it to be dismissed. He did not return his client's files when she requested them.

In another case, he delayed paying a client settlement funds and as a result she hired a new lawyer and incurred additional expenses of $3,000, which Cadwell agreed to pay.

He issued settlement funds to another client but did not reimburse an advanced fee of $3,000, as he had agreed to do in a written fee agreement. That client filed a small claims action against Cadwell, but he did not appear at the hearing. Judgment was entered in the client's favor.

Cadwell was disciplined in 1975, following a conviction for grand theft which resulted from his unilateral taking of trust funds to pay his legal fees. In a related civil action, it was determined that Cadwell owed his client $34,000 and the client owed Cadwell $29,000 in legal fees. He also practiced law while suspended.

In mitigation, he made restitution of the trust funds prior to the filing of disciplinary charges. He also experienced significant upheaval in his life at the time of his misconduct which contributed to his actions. He had to move suddenly because his landlord was experiencing financial problems, and his wife, who helped in his office and cared for the couple's children, had to make numerous trips to Japan because her parents' home was destroyed in an earthquake.

A temporary bookkeeper did not properly reconcile his trust account, he and his staff used a computer system which required more skill and time than they could apply to it and a great many errors and discrepancies resulted. As a result, he withdrew more funds from his client trust account than he was entitled to, thereby misappropriating client funds. Some of his actions resulted from misunderstandings.

Cadwell also presented a record of professional accomplishments, including acting as lead counsel in a landmark housing discrimination case and receiving the NAACP Outstanding Legal Services award.

David Cadwell