Henderson, NV 89012-7220
22 August 1999 | Discipline, probation; no actual susp. 96-O-05058 (25 years, 8 months ago) |
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20 November 1997 | Disciplinary charges filed in State Bar Court 96-O-05058 (27 years, 5 months ago) |
14 December 1990 | Conviction record transmitted to State Bar Court 90-C-14084 (34 years, 4 months ago) |
3 July 1985 | Disciplinary charges filed in State Bar Court 85-O-00102 (39 years, 10 months ago) |
6 June 1967 | Admitted to the State Bar of California (57 years, 11 months ago) |
August 22, 1999 GARY JAMES DUNLAP [#40151], 58, of Lompoc was suspended for six months, stayed, placed on two years of probation, and was ordered to take the MPRE within one year. The order took effect Aug. 22, 1999. Dunlap represents two men, Terry and Michael, who are disabled, incapable of looking after their financial affairs, and who would be homeless without Dunlap's help. He deposits their social security checks and disburses funds to them throughout each month. Because both men usually are broke before the end of the month, Dunlap finds odd jobs for them to supplement their incomes.Dunlap's problems began when he reduced his law practice and made frequent trips out of state. He deposited Terry and Michael's funds in his client trust account, and Terry wrote a large number of bad checks against the account.It was Dunlap's practice to write out checks for Terry's food, rent and medication, and give them to Terry with instructions to not cash the checks until he was sure his money was deposited. When Terry failed to follow the instructions, he presented the checks prematurely. Occasionally, Dunlap made deposits late.After he learned the checks were returned, Dunlap tried to rectify the problem by depositing $500 in the trust account to cover overdrafts and bank charges. The overdrafts continued, however, with the bank adding special handling charges which increased over time from $1 to $18 to $25 per check. A total of 17 overdrafts were written.Dunlap did not reconcile his account and eventually was advised by his accountant to clear the account by withdrawing the money. Efforts to have an outside agency oversee Terry's finances were short-lived.At this time, Dunlap has rectified the problems and keeps better track of Terry and Michael's funds.Nonetheless, the State Bar Court found that even after repeated notice by the bar and the bank that checks were being returned, Dunlap continued to draw checks on his client trust account without sufficient funds. His actions constituted moral turpitude.In mitigation, Dunlap cooperated with the bar's investigation, the checks were honored when presented a second time, and neither Terry nor Michael was harmed. The bar court commended Dunlap for helping the two men without personal monetary gain. "He gave them dignity by giving them some sense of independence," wrote bar court Judge Madge S. Watai. |