Richard Hamm was admitted to the California Bar 18th December 1974, but has since been disbarred. Richard graduated from Creighton University SOL.
Lawyer Information
| Name | Richard Hamm |
|---|---|
| First Admitted | 18 December 1974 (50 years, 6 months ago) |
| Status | Disbarred |
| Bar Number | 61401 |
Contact
| Phone Number | 408-279-6121 |
|---|---|
| Fax Number | 408-279-6121 |
Schools
| Law School | Creighton University SOL (Omaha NE) |
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| Undergraduate School | San Jose State University (San Jose CA) |
Address
| Current Address | 12 S 1st St #809 San Jose, CA 95113-2405 |
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| Map |
History
| 23 February 2012 | Disbarred (13 years, 3 months ago) Disbarment 09-O-14335 |
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| 24 April 2011 | Not eligible to practice law in CA (14 years, 1 month ago) Ordered inactive 09-O-14335 |
| 20 May 2010 | Disciplinary charges filed in State Bar Court 09-O-14335 (15 years, 1 month ago) |
| 10 July 2009 | Not eligible to practice law in CA (15 years, 11 months ago) Discipline w/actual suspension 07-C-13275 |
| 23 February 2009 | Active (16 years, 3 months ago) |
| 14 December 2008 | Not eligible to practice law in CA (16 years, 6 months ago) Discipline w/actual suspension 00-C-15145 |
| 16 November 2007 | Conviction record transmitted to State Bar Court 07-C-13275 (17 years, 7 months ago) |
| 7 November 2001 | Conviction record transmitted to State Bar Court 00-C-15145 (23 years, 7 months ago) |
| 7 September 2000 | Discipline, probation; no actual susp. 97-O-13161 (24 years, 9 months ago) |
| 18 December 1974 | Admitted to the State Bar of California (50 years, 6 months ago) |
Discipline Summaries
February 23, 2012 RICHARD HAMM, 65, of San Jose was disbarred Feb. 23, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Hamm failed to comply with probation conditions attached to two disciplinary orders. He failed to provide monthly screening reports to the probation office, used alcohol three times and did not submit quarterly probation reports on time. He also practiced law while suspended, committing an act of moral turpitude, by appearing at a case management conference. He declared under penalty of perjury in a probation report that he complied with the State Bar Act, when in fact he had practiced while suspended. In addition, Hamm used his client trust account to pay personal expenses.Hamm has been disciplined three times previously. In mitigation, he cooperated with the bar’s investigation, demonstrated remorse and enrolled in the Lawyer Assistance Program, and no one was harmed by his actions.In recommending Hamm’s disbarment, Judge Pat McElroy wrote, “It appears that respondent does not take his ethical duties seriously although he has been given ample opportunity to demonstrate otherwise. The court cannot take another chance on respondent at this time.â€July 10, 2009 RICHARD HAMM [#61401], 63, of San Jose was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 9.20. The order took effect July 10, 2009. In 2007, Hamm was convicted of driving under the influence with a prior. After an arrest for driving the wrong way on a one-way street, Hamm’s blood alcohol was .12 percent.He has been disciplined twice previously. In 2000, he stipulated to misconduct in two matters, including failing to properly supervise his staff, perform legal services competently or maintain client funds in trust.In 2003, he was admitted to the State Bar’s Alternative Discipline Program for lawyers with substance abuse or mental health issues, but he was terminated from the program after a 2007 DUI conviction and was suspended and placed on probation.December 14, 2008 RICHARD HAMM [#61401], 62, of San Jose was suspended for two years, stayed, placed on five years of probation with an actual 30-day suspension and he was ordered to prove his rehabilitation. The order took effect Dec. 14, 2008. Although Hamm was accepted into the Alternative Discipline Program in 2003 after a conviction for driving under the influence, he was terminated from the program after a 2007 DUI conviction.He also was suspended and placed on probation in 2000 for failing to perform legal services competently, maintain client funds in trust or properly supervise his staff in the management and accounting of client funds.September 7, 2000 RICHARD HAMM [#61401], 54, of San Jose was suspended for 120 days, stayed, placed on two years of probation and was ordered to prove his rehabilitation. The order took effect Sept. 7, 2000. Hamm stipulated to misconduct in two matters.In a federal criminal appeal, he represented a defendant who spoke Vietnamese. Hamm and his client communicated with the help of a translator to whom the client paid $6,000 as advanced fees. Both Hamm and his client believed Hamm had received the $6,000.After a month of work, the client hired a different attorney and Hamm wrote a letter indicating a check for $4,000 was enclosed as a refund of unearned fees. However, no such check was in the letter, which was on Hamm’s letterhead but was unsigned.The client never received a refund and Hamm says he never received the original $6,000, which his staff erroneously said he had received.He stipulated that he did not properly supervise his staff in the management and accounting of client funds.In the second case, he settled a personal injury case but did not pay a medical lien for almost eight months. The lien was paid from Hamm’s general account because the balance in his checking account had fallen below the required amount. He stipulated that he failed to maintain client funds in trust and that he failed to perform legal services by not properly supervising his staff, which had the responsibility of paying medical liens.Hamm has no record of discipline since his 1974 admission to the bar. |