Beverly Hills, CA 90212-3498
14 January 2010 | Discipline, probation; no actual susp. 06-O-14115 (15 years, 4 months ago) |
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5 January 1968 | Admitted to the State Bar of California (57 years, 5 months ago) |
January 14, 2010 NEIL CYRIL NEWSON [#41497], 70, of Beverly Hills was suspended for one year, stayed, placed on three years of probation and was ordered to take the MPRE within one year. The order took effect Jan. 14, 2010. Newson stipulated that he failed to account for client funds, maintain a written ledger for his client trust account or preserve for five years complete records of all client funds coming into his possession.He represented a physician in a medical malpractice case, for which he received a $10,000 fee, and an unlawful detainer matter filed by the doctor’s landlord. Newson and the client agreed that Newson would bill for fees and costs for the unlawful detainer later. He refunded $5,000 to the doctor because a suitable expert was not available for the malpractice case.When the unlawful detainer case went to trial, Newson had not billed the doctor but had spent more than 20 hours on the case and $400 in costs. He lost the case.About six weeks later, the malpractice case settled, with the defendants forgiving the doctor for more than $200,000 he owed the hospital for procedures performed there. Newson sent the client a letter in which he stated that no additional fees were owed and that Newson might send a “small refund shortly†after computing the bill for the unlawful detainer case.The doctor demanded a refund of the $10,000 he paid for expert witnesses as well as an itemized bill. A week later, he complained to the bar. Although Newson apologized for the delay, he never sent a bill or a refund. He also told the bar he did not keep a trust account ledger for the doctor’s fees and did not have records sufficient to prepare an accounting for the unlawful detainer action. The bar advised the doctor to seek fee arbitration, but he had not done so at the time of the stipulation.In mitigation, he has no prior discipline record in 40-plus years of practice. |