South San Francisco, CA 94083
9 June 2006 | Resigned (17 years, 10 months ago) Resignation with charges pending 06-Q-11569 |
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3 April 2006 | Not eligible to practice law in CA (18 years ago) Vol.inactive(tender of resign.w/charges) |
14 February 2006 | Disciplinary charges filed in State Bar Court 04-O-14748 (18 years, 2 months ago) |
16 September 2005 | Not eligible to practice law in CA (18 years, 7 months ago) Admin Inactive/MCLE noncompliance |
22 August 2003 | Not eligible to practice law in CA (20 years, 8 months ago) Discipline w/actual suspension 98-O-02234 |
27 February 2001 | Disciplinary charges filed in State Bar Court 00-O-14818 (23 years, 1 month ago) |
2 August 2000 | Disciplinary charges filed in State Bar Court 98-O-02234 (23 years, 8 months ago) |
19 December 1973 | Admitted to the State Bar of California (50 years, 4 months ago) |
August 20, 2003 WILLIAM BENSON PEAVEY JR. [#57985], 57, of San Francisco was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and was ordered to make restitution, prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect Aug. 20, 2003. The State Bar Court's review department upheld most of a hearing judge's findings that Peavey committed seven acts of misconduct, including failing to report a civil judgment for fraud to the State Bar and failing to avoid interests adverse to a client, violating his fiduciary duty and committing acts of moral turpitude. Peavey had represented a couple in several matters since the late 1970s. In 1994, he borrowed $25,000 from them to finance publication of a book he had written with a promise to refund the money in five months. The terms of the loan were not put in writing, and Peavey did not advise his clients to seek independent legal advice. Peavey paid a vanity press about $76,000 to print 5,000 copies of his book, "Dignity of the Soul, The Story of Filipino Bravery in World War II"; most were never sold. When the clients received no money, they sued Peavey and obtained a default judgment of $124,188 that Peavey did not report to the bar, as required. Peavey also received a $25,000 loan from another client to pay for a second printing of his book. Again, the loan was unsecured, the client did not provide written consent to the terms of the agreement and Peavey did not advise him to seek independent legal advice. That client won a judgment of more than $43,000 against Peavey. Peavey sought review, arguing that the recommended discipline was too severe and that he was culpable of only one of the charged offenses. The review department agreed with the hearing judge's findings that no profit would be realized from the first printing of Peavey's book because even if all 5,000 copies sold at the asking price of $17.95, it would not cover the publishing costs. His misrepresentations to his clients about the status of the book venture constituted moral turpitude, the review department found. Peavey also received two loans totaling $37,500 from another client under similar circumstances, but the bar did not charge him with misconduct. In mitigation, Peavey practiced law for 21 years without any discipline and he has done extensive pro bono work in the Filipino community. |