Sacramento, CA 95821-0630
20 June 2010 | Disbarred (13 years, 10 months ago) Disbarment 08-O-12347 |
---|---|
30 May 2010 | Not eligible to practice law in CA (13 years, 11 months ago) Discipline w/actual suspension 06-O-15439 |
10 January 2010 | Not eligible to practice law in CA (14 years, 3 months ago) Ordered inactive 08-O-12347 |
20 September 2009 | Not eligible to practice law in CA (14 years, 7 months ago) Ordered inactive 08-O-12347 |
4 February 2003 | Active (21 years, 3 months ago) |
15 June 2002 | Not eligible to practice law in CA (21 years, 10 months ago) Discipline w/actual suspension 98-O-03266 |
5 January 1972 | Admitted to the State Bar of California (52 years, 4 months ago) |
June 20, 2010 CLYDE OLIVER WEST [#51796], 70, of Sacramento, was disbarred June 20, 2010, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default matter, the State Bar Court found that West committed seven acts of misconduct in two matters.He substituted in to a product liability lawsuit on a contingency fee basis but did not respond to discovery until the court ordered him to do so, did not respond to a motion to compel or appear at a hearing, resulting in sanctions of $1,983, failed to respond to a motion for summary judgment or appear at a hearing, and did not obtain expert witnesses. He didn’t keep his client informed about developments in his case and withdrew from the case without protecting his client’s interests.In the second matter, he accepted $2,500 from a client to assist her with a mortgage modification but took no action. The client fired him, asked for a return of her file and a refund of her fee, but he did not respond.West was disciplined twice previously, in 2002 and 2009, when he was terminated from the Alternative Discipline Program for lawyers with substance abuse or mental health issues. Judge Pat McElroy recommended his disbarment based on, among other things, her concern “about the possibility of similar misconduct recurring. (West) has offered no indication that this will not happen again.â€June 15, 2002 CLYDE OLIVER WEST [#51796], 62, of Sacramento was suspended for three years, stayed, placed on three years of probation with a six-month actual suspension, and was ordered to prove his rehabilitation, make restitution, take the MPRE and comply with rule 955. The order took effect June 15, 2002. West stipulated to misconduct in three matters.In the first, he paid his office rent by transferring $3,000 from a probate account to his landlord. Although he was authorized to sign on the probate account, he did not have permission to make the wire transfer.West also represented the decedent in a personal injury matter which did not settle until after her death. West did not deposit the full settlement into the estate account for almost two years. By misappropriating his client's funds and not promptly disbursing a settlement to his client, he committed acts involving moral turpitude.In the second matter, he filed an action in a real estate dispute but then did not return his client's numerous phone calls seeking either an update on the case or a refund of the $1,000 advance fee. He stipulated that he failed to communicate with a client or return her file.In the third matter, West drafted an agreement for the sale and purchase of real property; he did so without charging a fee. When the client received the settlement funds, he loaned West $5,000. Although West signed a promissory note, he did not advise the client to seek outside legal advice or put the terms of the transaction in writing.He stipulated that he entered into a transaction with a pecuniary interest adverse to a client.In mitigation, West has no record of prior discipline, he demonstrated remorse and he cooperated with the bar's investigation. |