Charles Harold Kavalaris was admitted to the California Bar 26th June 1970, but is now resigned. Charles graduated from San Francisco Law School.

Lawyer Information

NameCharles Harold Kavalaris
First Admitted26 June 1970 (54 years, 10 months ago)
StatusResigned
Bar Number46853

School

Law SchoolSan Francisco Law School (San Francisco CA)

Address

Current AddressKavalaris Law Corp, 255 N Market St #265
San Jose, CA 95110
Map

History

5 February 2003Resigned (22 years, 3 months ago)
Resignation with charges pending 02-Q-15749
4 December 2002Not eligible to practice law in CA (22 years, 5 months ago)
Vol.inactive(tender of resign.w/charges) 02-Q-15749
4 December 2001Conviction record transmitted to State Bar Court 01-C-04896 (23 years, 5 months ago)
20 March 2001Active (24 years, 1 month ago)
19 January 2001Not eligible to practice law in CA (24 years, 3 months ago)
Discipline w/actual suspension 00-N-10505
21 February 2000Not eligible to practice law in CA (25 years, 2 months ago)
Discipline w/actual suspension 95-O-17608
4 January 1999Active (26 years, 4 months ago)
5 November 1998Not eligible to practice law in CA (26 years, 6 months ago)
Discipline w/actual suspension 98-PM-00598
2 June 1998Disciplinary charges filed in State Bar Court 95-O-17608 (26 years, 11 months ago)
17 March 1998Not eligible to practice law in CA (27 years, 1 month ago)
Suspended, failed to pass Prof.Resp.Exam 93-O-17000
6 February 1997Discipline, probation; no actual susp. 93-O-17000 (28 years, 3 months ago)
28 March 1996Conviction record transmitted to State Bar Court 96-C-00145 (29 years, 1 month ago)
28 April 1995Disciplinary charges filed in State Bar Court 93-O-17000 (30 years ago)
26 June 1970Admitted to the State Bar of California (54 years, 10 months ago)

Discipline Summaries

January 19, 2001

CHARLES HARRIS KAVALARIS [#46853], 57, of San Jose was suspended for one year, stayed, and placed on two years of probation with a 60-day actual suspension. The order took effect Jan. 19, 2001.

Kavalaris violated the terms of a 2000 discipline order by failing to deliver client papers, refund unearned fees or comply with rule 955. He did not notify clients or opposing counsel of his suspension from practice.

Under penalty of perjury, he filed an affidavit with the State Bar Court stating that bar prosecutors had notified his clients and opposing counsel about his suspension. The affidavit makes clear that Kavalaris himself did not comply with rule 955.

The discipline was the result of fee-splitting with non-lawyers in a kickback scheme in which he and his law partner received referrals in return for money. He also wrote checks against insufficient funds in his client trust account and commingled personal and client funds.

Kavalaris also was disciplined three other times.

In mitigation, he cooperated with the bar’s investigation and no clients were harmed.

February 21, 2000

CHARLES HAROLD KAVALARIS [#46853], 56, of San Jose was suspended for three years, stayed, placed on four years of probation with a one-year actual suspension and was ordered to comply with rule 955. The order took effect Feb. 21, 2000.

Kavalaris engaged in fee-splitting with nonlawyers in a kickback scheme. From 1985 until 1991, Kavalaris and his law partner paid more than $130,000 to the secretary-treasurer of the San Jose Teamsters Union for referrals of personal injury clients. From 1987 to 1991, they paid another $150,000-plus to other nonlawyers in exchange for referrals.

Although Kavalaris said the statute of limitations had run on the misconduct, the State Bar Court disagreed. Under rule 51 of the Rules of Procedure of the State Bar, the statute of limitations applies only to investigations initiated because of a complaint by an individual. The investigation of Kavalaris was initiated by a bar attorney, who read about the kickback scheme in the newspaper in 1995.

The court found that Kavalaris’ actions also involved moral turpitude.

He also wrote two checks against insufficient funds in his client trust account and commingled personal and client funds in the account.

Kavalaris was disciplined in 1997 for failing to communicate with a client or pay and report sanctions, for improperly withdrawing from a case and for a second DUI conviction. When he violated his probation by failing to file a probation report on time, he was suspended for 60 days. He practiced law while suspended, appearing at two arbitration hearings, making a court appearance and finalizing settlement of a case.

The bar court said it found the trust account violations and Kavalaris’ unauthorized law practice more troubling than the earlier kickback scheme.

His actions “show a disregard for the orders of the Supreme Court and the review department of the State Bar Court,” wrote Judge Nancy Roberts Lonsdale. How-ever, she rejected the bar’s recommendation that Kavalaris be disbarred.

In mitigation, Kavalaris is an alcoholic (now sober), suffers from acute depression, has acted as a judge pro tem, and provides free legal advice to other members of Alcoholics Anonymous. The fee-splitting misconduct occurred from 1985 to 1991 and ceased eight years ago.

February 6, 1997

CHARLES H. KAVALARIS [#46853], 53, of San Jose was suspended for six months, stayed, placed on two years of probation, and was ordered to take the MPRE or the CPRE within one year. The order took effect Feb. 6, 1997.

Kavalaris stipulated to several acts of misconduct. In a wrongful death case, he failed to return his client's phone calls or provide a written status report.

He was sanctioned by the court in two different matters, but did not report the sanctions to the State Bar. He failed to pay one of the sanctions promptly.

Kavalaris also failed to properly withdraw from representing a client in both a medical malpractice action and a personal injury claim.

In 1995, he pleaded no contest to driving under the influence, with a prior DUI conviction from 1994.

In mitigation, Kavalaris has no prior discipline since his 1970 admission to the bar.