Sonora, CA 95370
12 August 2001 | Resigned (23 years, 8 months ago) Resignation with charges pending 01-Q-02280 |
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14 June 2001 | Not eligible to practice law in CA (23 years, 10 months ago) Vol.inactive(tender of resign.w/charges) 01-Q-02280 |
21 August 2000 | Not eligible to practice law in CA (24 years, 8 months ago) Suspended, failed to pass Prof.Resp.Exam 96-O-05847 |
11 December 1999 | Active (25 years, 4 months ago) |
11 June 1999 | Not eligible to practice law in CA (25 years, 11 months ago) Discipline w/actual suspension 96-O-05847 |
15 October 1997 | Disciplinary charges filed in State Bar Court 96-O-05847 (27 years, 6 months ago) |
11 January 1966 | Admitted to the State Bar of California (59 years, 4 months ago) |
June 11, 1999 GARY LELAND ASHTON [#37361], 58, of Sonora was suspended for five years, stayed, placed on seven years of probation with a six-month actual suspension, and was ordered to make restitution, take the MPRE within one year and comply with rule 955. The order took effect June 11, 1999. In January 1994, Ashton was retained as the attorney of record in the probate of the estate of his 84-year-old client's husband. The client was to receive $65,000 in May 1994 as the payoff on a piece of property she owned.In May, Ashton asked the client for a $75,000 loan, to be secured with a second deed of trust on his residence. The client agreed and signed a note which set the interest rate at 4 percent "until the principal balance reaches $50,000," when the rate would increase to 6 percent. Ashton did not explain that under those terms, the balance would never go down to $50,000. He also did not advise his client to seek independent legal counsel about the loan, and she did not consent in writing to the terms of the loan.Ashton made monthly payments to his client totalling $750 and then stopped making payments. His house was foreclosed on in August 1996, and the client became aware at that time that there was a first deed of trust for $60,000 on Ashton's home.Ashton did not take any action to probate the estate after January 1994, and his client dismissed him.He stipulated that he entered into a business transaction that was adverse to his client, and he failed to act competently.In mitigation, Ashton has no record of discipline in 28 years of practice. |