David Eugene Roberts

David Eugene Roberts was admitted to the California Bar 5th January 1972, but has since been disbarred. David graduated from McGeorge SOL University of the Pacific.

Lawyer Information

Name	David Eugene Roberts
First Admitted	5 January 1972 (53 years, 5 months ago)
Status	Disbarred
Bar Number	51430

Contact

Phone Number	559-435-7917

Schools

Law School	McGeorge SOL University of the Pacific (CA)
Undergraduate School	Portland St University (Portland OR)

Address

Current Address	P O Box 11242 Fresno, CA 93772-1242
Map

History

5 April 2007	Disbarred (18 years, 2 months ago) Disbarment 05-N-02782
26 January 2007	Conviction record transmitted to State Bar Court 06-C-10110 (18 years, 4 months ago)
1 December 2006	Not eligible to practice law in CA (18 years, 6 months ago) Discipline w/actual suspension 05-O-04536
21 October 2006	Not eligible to practice law in CA (18 years, 8 months ago) Ordered inactive 05-N-02782
17 July 2006	Not eligible to practice law in CA (18 years, 11 months ago) Ordered inactive 05-N-02782
20 June 2006	Not eligible to practice law in CA (19 years ago) Ordered inactive 05-O-04536
27 February 2006	Not eligible to practice law in CA (19 years, 3 months ago) Suspended, failed to pass Prof.Resp.Exam 01-O-04182
17 February 2006	Not eligible to practice law in CA (19 years, 4 months ago) Ordered inactive 05-O-04536
14 February 2006	Disciplinary charges filed in State Bar Court 06-O-10276 (19 years, 4 months ago)
7 November 2005	Disciplinary charges filed in State Bar Court 05-O-04536 (19 years, 7 months ago)
30 August 2005	Disciplinary charges filed in State Bar Court 05-O-03595 (19 years, 9 months ago)
29 July 2005	Disciplinary charges filed in State Bar Court 05-N-02782 (19 years, 10 months ago)
22 May 2005	Active (20 years, 1 month ago)
22 January 2005	Not eligible to practice law in CA (20 years, 5 months ago) Discipline w/actual suspension 01-O-04182
18 August 2004	Active (20 years, 10 months ago)
17 July 2004	Not eligible to practice law in CA (20 years, 11 months ago) Ordered inactive 01-O-04182
28 May 2004	Disciplinary charges filed in State Bar Court 01-O-04182 (21 years ago)
11 February 1991	Active (34 years, 4 months ago)
23 November 1990	Not eligible to practice law in CA (34 years, 7 months ago) Discipline w/actual suspension 89-C-12745
5 January 1972	Admitted to the State Bar of California (53 years, 5 months ago)

Discipline Summaries

April 5, 2007

DAVID EUGENE ROBERTS [#51430], 68, of Fresno was disbarred April 5, 2007, and was ordered to comply with rule 9.20.

In three consolidated cases, the State Bar Court found that Roberts engaged in the unauthorized practice of law, violated probation conditions and failed to comply with rule 955 (now rule 9.20).

Roberts was suspended for 120 days and placed on two years of probation in 2005. As part of the order, he was required to comply with rule 955 and file with the State Bar Court an affidavit showing compliance. He submitted a declaration stating that he had not taken steps to return client files, that there was one case in which there were unearned fees and that "in most cases," he hand-delivered a notice of his suspension rather than providing notice by registered or certified mail as required.

The bar's probation office asked for clarification and asked Roberts to refile his declaration to comply with rule 955. In response, he wrote that he had not engaged in the practice of law but had received phone calls from former clients and answered their legal questions. He later filed another declaration in which he indicated he had not properly notified his clients, opposing counsel and other interested parties of his suspension.

In addition to violating rule 955 and practicing law while suspended, the bar court found that Roberts committed acts of moral turpitude by holding himself out as entitled to practice and providing legal advice knowing he was suspended.

The court also found that he did not file two quarterly probation reports, attend ethics school or client trust accounting school and he did not maintain a current phone number with the bar.

Roberts has been disciplined three times previously. In 1990, he was suspended following a conviction for failing to file two income tax returns. In 2004, he stipulated to misconduct in six matters, including aiding another in the unauthorized practice of law, failing to promptly pay a client settlement funds, perform legal services competently or appear in court, and he wrote checks against insufficient funds. In 2006, he was found in violation of probation requirements from that discipline because he did not notify the bar that he'd been charged with felony possession of a controlled substance.

December 1, 2006

DAVID EUGENE ROBERTS [#51430], 68, of Fresno was suspended for one year, stayed, actually suspended for eight months and until the State Bar Court grants a motion to terminate the suspension, and he was ordered to comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Dec. 1, 2006.

In a default proceeding, the State Bar Court found that Roberts did not notify the bar that he had been charged with possession of methamphetamine, a felony. Lawyers are required to report an indictment or criminal charge to the bar within 30 days.

Roberts also was suspended in 2004 and failed to comply with probation conditions by not filing two quarterly reports. He had been disciplined for misconduct in six matters, including aiding in the unauthorized practice of law, writing checks against insufficient funds and failing to promptly pay settlement funds, perform legal services competently or appear in court.

In 1990, Roberts was disciplined following a criminal conviction for failing to file two income tax returns.

April 3, 2006

DAVID EUGENE ROBERTS [#51430], 67, of Fresno was placed on interim suspension April 3, 2006, following a conviction for possession of a controlled substance. He was ordered to comply with rule 955.

January 22, 2005

DAVID EUGENE ROBERTS [#51430], 66, of Fresno was suspended for one year, stayed, placed on two years of probation with a 120-day actual suspension and was ordered to take the MPRE and comply with rule 955. The order took effect Jan. 22, 2005.

Roberts stipulated to misconduct in seven cases.

He allowed a resigned attorney, Frank Dornay, to borrow his name and work under Robertsâ€™ law license for about two years. Among other tasks, Dornay identified and secured clients, entered into attorney-client relationships, negotiated settlement of their claims, provided legal advice and drafted documents. He received 20 percent of the net attorneyâ€™s fees on each case.

Robertsâ€™ misconduct in two cases was the result of Dornayâ€™s representation of clients in personal injury and wrongful termination cases. In one matter, settlement proceeds were paid late and, in the other, no work was done on the case.

In four matters, Roberts failed to appear in court. He also wrote at least nine checks against insufficient funds in his client trust account.

Roberts was disciplined in 1990 following a conviction on two counts of failing to pay income taxes. In mitigation, he paid one client $2,000 in restitution.