San Jose, CA 95110
28 May 1997 | Active (27 years, 11 months ago) |
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28 May 1997 | Inactive (27 years, 11 months ago) |
28 November 1996 | Not Eligible To Practice Law in CA (28 years, 5 months ago) |
28 November 1996 | Inactive (28 years, 5 months ago) |
25 September 1995 | Active (29 years, 7 months ago) |
31 July 1995 | Not Eligible To Practice Law in CA (29 years, 9 months ago) |
30 September 1986 | Active (38 years, 7 months ago) |
29 September 1986 | Not Eligible To Practice Law in CA (38 years, 7 months ago) |
19 December 1973 | Admitted to The State Bar of California (51 years, 4 months ago) |
May 8, 1997 VINCENT J. KILDUFF [#57494], 55, of Orlando, Fla., was suspended for one year, stayed, and placed on probation for two years, including six months actual suspension. Because he voluntarily maintained his inactive status from Nov. 28, 1996, until the effective date of the order, May 8, 1997, the period of actual suspension began retroactively on Nov. 28, 1996. He also was ordered to pass the MPRE and comply with rule 955. Kilduff's misconduct involved three matters. In 1988, he represented a client in Hawaii in a personal injury matter, despite his suspension for non-payment of dues in that state. Kilduff said he had an ongoing fee dispute with the Hawaii Bar Association and was unaware of the suspension. Meanwhile, Kilduff missed several court deadlines, failed to follow through with his client's case and it was dismissed. However, in 1994, Kilduff falsely told his client that he had settled her case for $3,800 and presented her with fake documents. In fact, he used personal funds, which he had deposited into his client trust account, to pay the client her alleged settlement funds. He also inserted language into a release which bound the client to keep the details of the settlement confidential. In another matter, a court reporting firm obtained a small claims judgment against Kilduff for $1300. He failed to satisfy the judgment and make subsequent appearances for a debtor's examination, causing a bench warrant for his arrest to be issued. Kilduff also continued to practice law in California during a two-month period in 1995, while he was suspended from the State Bar for non-payment of dues. In aggravation, Kilduff's misconduct involved multiple acts of wrongdoing and he has a prior record of discipline. He received a private reproval in 1991. In 1992, he received a public reproval for negligent misappropriation of $788, which had been withheld from a client's settlement to pay a medical lien. In mitigation, Kilduff fully cooperated with the bar's investigation and disciplinary proceedings. |