Northridge, CA 91325
28 March 2001 | Disbarred (24 years, 2 months ago) Disbarment 97-O-18025 |
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14 November 2000 | Not eligible to practice law in CA (24 years, 7 months ago) Suspended, failed to pass Prof.Resp.Exam 98-O-00978 |
2 September 2000 | Not eligible to practice law in CA (24 years, 9 months ago) Ordered inactive 97-O-18025 |
10 August 2000 | Not eligible to practice law in CA (24 years, 10 months ago) Ordered inactive 97-O-18025 |
9 June 2000 | Disciplinary charges filed in State Bar Court 97-O-18025 (25 years ago) |
4 November 1999 | Not eligible to practice law in CA (25 years, 7 months ago) Discipline w/actual suspension 95-H-18117 |
15 October 1999 | Not eligible to practice law in CA (25 years, 8 months ago) Discipline w/actual suspension 98-O-00978 |
20 February 1999 | Not eligible to practice law in CA (26 years, 4 months ago) Ordered inactive 98-O-00978 |
29 May 1998 | Disciplinary charges filed in State Bar Court 98-O-00978 (27 years ago) |
26 April 1998 | Not eligible to practice law in CA (27 years, 1 month ago) Ordered inactive 97-O-17017 |
12 December 1997 | Disciplinary charges filed in State Bar Court 97-O-17017 (27 years, 6 months ago) |
17 July 1997 | Not eligible to practice law in CA (27 years, 11 months ago) Discipline w/actual suspension 94-O-13065 |
23 December 1996 | Disciplinary charges filed in State Bar Court 96-O-01178 (28 years, 6 months ago) |
9 July 1996 | Disciplinary charges filed in State Bar Court 94-O-13065 (28 years, 11 months ago) |
8 February 1996 | Disciplinary charges filed in State Bar Court 95-H-18117 (29 years, 4 months ago) |
29 July 1995 | Private reproval, public disclosure 92-O-12450 (29 years, 11 months ago) |
18 November 1993 | Disciplinary charges filed in State Bar Court 92-O-12450 (31 years, 7 months ago) |
29 June 1973 | Admitted to the State Bar of California (52 years ago) |
March 28, 2001 MICHAEL C. MOUSTAKAS [#55953], 60, of Northridge was disbarred March 28, 2001, and was ordered to comply with rule 955. Moustakas misappropriated at least $35,000 of a client’s settlement money and failed to complete the paperwork for an annuity for the same client over a three-year period.The client was involved in an automobile accident and she settled her claim with two insurance companies for $265,000. Of that amount, $100,000 was issued to an annuity service corporation to be placed in an annuity for her. The remainder was deposited in Moustakas’ client trust account for distribution to the client and Moustakas for his contingency fee.Moustakas wrote five checks totaling $20,600 on the client’s behalf, but $5,000 was for part of his fee. The client received no other money, and the balance in the trust account fell below the required amount.Because Moustakas did not finalize the annuity, the client did not receive her first annuity payment for more than three years after the settlement.When the client hired a new lawyer, Moustakas did not give him the client’s file. He also did not respond to the bar’s investigation after a complaint was filed.The bar court found that Moustakas committed an act of moral turpitude and failed to perform legal services competently, release client property or cooperate with the bar’s investigation.He has a record of three prior disciplines.October 15, 1999 MICHAEL CHARLES MOUSTAKAS [#55953], 59, of Northridge was suspended for 60 days, stayed, and was ordered to take the MPRE within one year. The order took effect Oct. 15, 1999. In a separate order, effective Nov. 4, 1999, he was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension, and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. In the first case, a default proceeding, Moustakas held himself out as entitled to practice law while he was suspended for 60 days in 1997. He kept a greeting on his answering machine indicating he was a lawyer in good standing, when in fact he was ineligible to practice as a result of failing to pay funds to clients, maintain records of client funds, respond to reasonable status inquiries, pay medical providers, and cooperate with the bar’s investigation. The second discipline case also was a default proceeding in two consolidated matters. The State Bar Court found that Moustakas violated probation conditions in two separate disciplinary cases.In one matter, he did not file a quarterly probation report, a certificate from a certified public accountant, proof of enrollment in a law practice management class, or an office management plan, and he failed to make restitution. In that matter, Moustakas had stipulated that he failed to promptly pay funds to two separate clients, maintain records of funds he received on behalf of those clients, respond to status inquiries, promptly pay funds to a medical provider, obtain written consent to his joint representation of two clients, or cooperate with the bar’s investigation.In the second matter, he failed to make restitution by the required deadline, as ordered in a private reproval. Because the restitution involved only $20, the case was dismissed by a hearing judge, but the bar court’s review department ruled that the judge had erred and remanded the case back to him.Moustakas repaid the $20 plus interest, but he did not do so by the required deadline.He has a record of discipline which also includes a 1998 suspension for failing to comply with a condition of a 1995 private reproval and with several conditions of the 1997 discipline.July 17, 1997 MICHAEL CHARLES MOUSTAKAS [#55953], 56, of Northridge was suspended for 18 months, stayed, and placed on probation for two years with an actual 60-day suspension and until he makes restitution to two people. If the actual suspension exceeds two years, he must prove rehabilitation. He also was ordered to take the MPRE within a year. The order took effect July 17, 1997. Moustakas stipulated to nine counts of misconduct stemming from his representation of two people involved in an automobile accident. He did not obtain the written informed consent of the clients of their potential conflict of interest.In both cases, he did not pay their medical liens for nearly a year after receiving settlement funds and did not maintain proper records of the funds. One client was owed money after his bill was renegotiated, but Moustakas has not paid him.Moustakas also received a settlement for property damage for one of the clients, but did not pay the amount in full or keep proper records.Both clients complained separately to the bar about Moustakas, but he did not cooperate with bar investigators.Moustakas also failed to perform legal services in three other personal injury cases. In one, he never paid a medical lien despite settling the matter for $15,000; in another, he did not pay attorney's fees to his client's previous lawyer pursuant to a lien. The lawyer won a small claims judgment for attorney's fees against Moustakas.In the third matter, Moustakas' client was sanctioned by the court when Moustakas did not respond to four sets of interrogatories. When the client hired a new lawyer, Moustakas did not sign a substitution form for six weeks. He did not keep his client informed of developments in the lawsuit, and did not return numerous phone calls or respond to four letters.He did not cooperate with the bar's investigation.In mitigation, Moustakas' professional and personal life was disrupted by the Northridge earthquake, when some of his records were destroyed. He also had ongoing medical problems. |