Modesto, CA 95350
19 January 2008 | Not eligible to practice law in CA (17 years, 3 months ago) Discipline w/actual suspension 06-O-13177 |
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29 April 2007 | Not eligible to practice law in CA (18 years ago) Ordered inactive 06-O-13177 |
30 January 2007 | Disciplinary charges filed in State Bar Court 06-O-13177 (18 years, 3 months ago) |
18 September 2006 | Not eligible to practice law in CA (18 years, 7 months ago) Suspended, failed to pay fees |
18 September 2006 | Not eligible to practice law in CA (18 years, 7 months ago) Admin Inactive/MCLE noncompliance |
19 December 1973 | Admitted to the State Bar of California (51 years, 4 months ago) |
January 19, 2008 SPENCER POSTAL McGREW [#57763], 62, of Modesto was suspended for two years, stayed, actually suspended for six months and until the State Bar Court grants a motion to terminate the actual suspension and he was ordered to take the MPRE and comply with rule 9.20. If the suspension exceeds two years, he must prove his rehabilitation. The order took effect Jan. 19, 2008. In a default proceeding, the bar court found that in a single matter, McGrew failed to communicate with a client, maintain client funds in a trust account or pay them promptly and he misappropriated $292.He was entitled to one-third of any recovery in a personal injury case that settled for $7,322.92. McGrew mailed the check to his client for endorsement, and she signed and returned it promptly. When McGrew did not disburse any funds to the client, she filed a small claims action against him. She learned he had closed his office and was no longer in business after the sheriff attempted to serve the claim.McGrew did not deposit the settlement check into his trust account for five months.He paid the client the full amount a month later, although she was entitled to about $4,800. Nonetheless, the check bounced. McGrew later reissued a check for the full amount.Because he had allowed the balance in his trust account to fall below the required amount, he was found to have misappropriated $292, the difference between what the client was entitled to and the balance in the account. His actions involved moral turpitude.Although the State Bar urged his disbarment, Judge Pat McElroy said the misappropriation was an isolated instance and was aberrational, and pointed out that he made full restitution. She also noted his 33 years of practice without any discipline. |