Sacramento, CA 95825
21 May 2011 | Disbarred (14 years, 1 month ago) Disbarment 08-O-13226 |
---|---|
16 January 2011 | Not eligible to practice law in CA (14 years, 5 months ago) Ordered inactive 09-O-15668 |
31 October 2003 | Discipline, probation; no actual susp. 00-O-13053 (21 years, 7 months ago) |
21 December 1967 | Admitted to the State Bar of California (57 years, 6 months ago) |
May 21, 2011 FRANK JOSEPH FERRIS [#40793], 69, of Sacramento was disbarred May 21, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Ferris stipulated to seven counts of misconduct in three matters, including borrowing $55,000 from two clients and misappropriating $10,000 from a third.While representing the defendant in a civil suit, he spent the $10,000 she gave him to settle the matter. Because Ferris did not pay the plaintiff, an $80,000 judgment was issued against his client. He did not tell the client about the judgment and made a series of misstatements about the $10,000, including several promises to transfer the funds back to her.Ferris stipulated that he failed to perform legal services competently, properly handle client funds or communicate significant developments to his client and he committed acts of moral turpitude.Another client paid him $30,000 to represent her as both a plaintiff and a defendant in separate matters. She also gave Ferris a $5,000 loan by writing a check against her credit card; Ferris promised to repay her the following week. Two years later, he wrote the client a check that bounced. The client won a small claims judgment of $5,000 plus costs, but when Ferris failed to appear at a hearing, a bench warrant for his arrest was issued. He has since made payments to satisfy the judgment.Ferris stipulated that he committed acts of moral turpitude and he entered into a transaction with a client without advising her to seek independent legal advice.In a third matter, Ferris borrowed $50,000 from a client, and when, nearly two years later, he wrote a check to repay the client, the check bounced. His account held a negative balance at the time. Ferris stipulated that the terms of the loan were not fair, he did not advise the client to seek independent legal advice and the client did not consent in writing to the terms of the loan.Ferris was disciplined in 2003 for matters involving misuse of his client trust account.October 31, 2003 FRANK JOSEPH FERRIS [#40793], 62, of Sacramento was suspended for nine months, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Oct. 31, 2003. Ferris stipulated to misconduct in three consolidated matters, all involving his client trust account. He wrote checks against insufficient funds, failed to maintain proper ledgers and used the account for personal business.In mitigation, Ferris has no record of discipline, no clients were harmed by his actions, he voluntarily attended client trust accounting school and he cooperated with the bar's investigation. |