Redlands, CA 92373
8 October 1997 | Disbarred (27 years, 8 months ago) Disbarment 94-C-14666 |
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7 October 1994 | Not eligible to practice law in CA (30 years, 8 months ago) Interim suspension after conviction 94-C-14666 |
2 September 1994 | Conviction record transmitted to State Bar Court 94-C-14666 (30 years, 9 months ago) |
9 January 1969 | Admitted to the State Bar of California (56 years, 5 months ago) |
October 8, 1997 BRUCE MICHAEL LEYDEN [#43511], 53, of Redlands was summarily disbarred Oct. 8, 1997. Leyden was convicted of insurance fraud and two counts of forgery in June 1994. The conviction resulted from his involvement in the submission of a fraudulent personal injury claim to an insurer and obtaining a settlement based on that claim. Leyden was hired by a 76-year-old woman in April 1991 to handle a personal injury claim in connection with an auto accident. Leyden sent a demand for $47,500 to the other driver’s insurance company, which was in excess of the policy limits of $25,000. On November 6, his client was involved in another accident and then died of a heart attack on November 11. Unaware of her death, on the following day, the insurance company made an offer to settle the woman’s claim for $13,000, including $8,000 for pain and suffering. Leyden suggested to the deceased woman’s daughter that an additional claim be made for medical bills, to increase the client’s husband’s recovery, after attorney’s fees, to about $10,000. The daughter signed the decedent’s name to a release in Leyden’s presence and Leyden deposited the settlement draft, payable to the decedent and himself, into his client trust account. Both Leyden and the daughter signed the draft. The insurance company discovered the fraud and demanded the return of the $13,000. Leyden complied, but with the condition that the insurance company return the original release, agreeing to waive any defenses it might have by virtue of the release in any future suits brought by the decedent’s daughter or widower. Without the widower’s permission, Leyden then filed a wrongful death and loss of consortium suit on behalf of the daughter and widower. After the insurance company again refused to waive its defense in the suit, Leyden eventually returned the $13,000. At the trial, prosecution experts testified that the pain and suffering portion of the decedent’s claim did not survive her death, as any personal injury attorney should know. Leyden, however, testified that based on his own research, it was proper for the daughter to sign the release. Leyden opposed the State Bar’s request for summary disbarment, but the bar court review department determined his misconduct was serious and met the statutory criteria for summary disbarment. The court found that Leyden violated his duties as an attorney when he encouraged a client to submit a fraudulent claim. |