Albany, CA 94706
18 June 2008 | Resigned (16 years, 5 months ago) Resignation with charges pending 07-Q-14259 |
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31 October 2007 | Not eligible to practice law in CA (17 years, 1 month ago) Vol.inactive(tender of resign.w/charges) 07-Q-14259 |
16 August 2007 | Not eligible to practice law in CA (17 years, 3 months ago) Discipline w/actual suspension 05-O-02769 |
23 September 2006 | Not eligible to practice law in CA (18 years, 2 months ago) Ordered inactive 05-O-02769 |
27 July 2006 | Disciplinary charges filed in State Bar Court 05-O-02769 (18 years, 4 months ago) |
28 June 1966 | Admitted to the State Bar of California (58 years, 5 months ago) |
August 16, 2007 DENNIS RICHARD WATT [#38883], 71, of Albany was suspended for three years, stayed, actually suspended for six months and until he makes restitution, accounts for and delivers the assets of an estate and provides proof that he did so to the State Bar, and until the State Bar Court grants a motion to terminate his suspension. If the actual suspension exceeds two years, he must take the MPRE. He also was ordered to comply with rule 9.20. The order took effect Aug. 16, 2007. In a default proceeding, the State Bar Court found that Watt failed to perform legal services competently, account for entrusted funds or deposit client funds in a trust account.Watt represented the administrator of an estate, but he maintained custody and control over the estate’s assets and assumed responsibility to pay the estate’s debts and distribute its assets to the beneficiaries of a will. He received the proceeds of the sales of the estate’s properties, and deposited the funds, totaling almost $200,000, in two non-trust accounts. He used the money to pay various estate debts and expenses.He did not provide the administrator with any bank records or other information she requested.When the estate was closed, the court authorized the administrator to distribute its assets and to withhold $45,000 to pay its federal and state taxes. Watt withheld more than that and made partial payment of some taxes. After more than a year, he still held some $90,000 in estate funds.The IRS and the California Franchise Tax Board notified the administrator that the estate owed taxes and warned her that tax liens could be placed on her personal property if the taxes were not paid. She gave the notices to Watt, who repeatedly promised to resolve matters, but did not. He took no steps to pay the tax obligations or to avoid accrual of interest and penalties or the imposition of tax liens on the administrator’s property.The administrator learned the IRS had placed a $15,565 lien on her home when she refinanced. Watt satisfied all but $100 of the lien after repeated phone calls from the administrator and her loan officer. However, the estate still owed more than $17,000 in taxes.Although Watt still holds more than $37,000 in estate funds, he never paid the remaining taxes and did not distribute the remaining assets to the beneficiaries. Two of the three beneficiaries died before receiving their share of the estate.In mitigation, he has no discipline record in 36 years of practice. |