San Rafael, CA 94912
28 February 2015 | Disbarred (10 years, 2 months ago) Disbarment 12-O-17697 |
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11 September 2014 | Not eligible to practice law in CA (10 years, 7 months ago) Ordered inactive 12-O-17697 |
14 December 2013 | Not eligible to practice law in CA (11 years, 4 months ago) Ordered inactive 12-O-17697 |
20 September 2013 | Disciplinary charges filed in State Bar Court 12-O-17697 (11 years, 7 months ago) |
26 September 2011 | Not eligible to practice law in CA (13 years, 7 months ago) Suspended, failed to pass Prof.Resp.Exam 02-O-10193 |
30 May 2010 | Not eligible to practice law in CA (14 years, 11 months ago) Discipline w/actual suspension 02-O-10193 |
25 January 2010 | Not eligible to practice law in CA (15 years, 3 months ago) |
5 January 1972 | Admitted to the State Bar of California (53 years, 4 months ago) |
February 28, 2015 WILLIAM PAUL LUCKE [#51030], 72, of San Rafael, was disbarred Feb. 28, 2015 and ordered to comply with rule 9.20 and make restitution. Luck’s default was entered after he failed to respond to a notice of disciplinary charges. Because he made no effort to vacate the default within 180 days as required by rule 5.85 of the State Bar’s Rules of Procedure, he was disbarred. The charges were deemed admitted. Lucke failed to perform legal services with competence and improperly withdrew from employment by not informing his clients he had been placed on inactive status. He also failed to refund unearned fees or inform his clients that he would no longer be representing them. In addition, Lucke did not inform clients of his inactive status and failed to cooperate or comply with all laws. He had one prior record of discipline, a 2010 suspension for misconduct in two client matters, including failing to perform legal services with competence, inform his client of a significant event or deposit and maintain client funds in his client trust account. May 30, 2010 WILLIAM PAUL LUCKE [#51030], 68, of Piedmont was suspended for one year, stayed, placed on two years of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect May 30, 2010. Lucke was enrolled in the State Bar’s Alternative Discipline System for lawyers with chemical abuse and mental health issues, but he was terminated from the program. As a result, he is subject to more serious discipline for misconduct he admitted in 2005. (Successful completion of the ADP leads to lesser discipline.)Lucke stipulated to misconduct in two client matters. In a civil complaint, he failed to established a Special Needs Trust Fund for a minor client for more than four years after receipt of settlement funds and he failed to invest the funds in a structured settlement annuity for more than four years, as required. He also did not keep the minor’s parent informed. He stipulated that he failed to perform legal services competently or inform a client of significant developments.In a medical malpractice case, Lucke stipulated that he did not conduct discovery, prepare his client or his client’s doctors for depositions and did not oppose the defendants or any witnesses. He also did not deposit costs in a client trust account. Lucke stipulated that he failed to perform legal services competently or deposit funds in his trust account.In mitigation, he suffered a heart attack that contributed to the problems with both cases, he cooperated with the bar’s investigation, had no prior discipline record and provided testimony about his good character. |