Michael Thomas Morrissey was admitted to the California Bar 18th December 1974, but has since been disbarred. Michael graduated from Santa Clara University SOL.
Lawyer Information
| Name | Michael Thomas Morrissey |
|---|---|
| First Admitted | 18 December 1974 (49 years, 4 months ago) |
| Status | Disbarred |
| Bar Number | 62195 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 408-872-1850 |
| Fax Number | 408-741-1671 |
Schools
| Law School | Santa Clara University SOL (Santa Clara CA) |
|---|---|
| Undergraduate School | University of California Santa Barbara (CA) |
Address
| Current Address | PO Box 2549 Cupertino, CA 95015 |
|---|---|
| Map |
History
| 14 June 2013 | Disbarred (10 years, 10 months ago) Disbarment 10-O-09718 |
|---|---|
| 24 March 2012 | Not eligible to practice law in CA (12 years ago) Ordered inactive 10-O-09718 |
| 4 November 2011 | Active (12 years, 5 months ago) |
| 14 October 2011 | Not eligible to practice law in CA (12 years, 6 months ago) Ordered inactive 10-O-09718 |
| 30 September 2011 | Active (12 years, 6 months ago) |
| 1 August 2011 | Not eligible to practice law in CA (12 years, 8 months ago) Actual Suspension Delayed 03-C-03823 |
| 25 June 2011 | Probation with conditions 03-C-03823 (12 years, 10 months ago) |
| 2 June 2011 | Disciplinary charges filed in State Bar Court 10-0-09718 (12 years, 10 months ago) |
| 13 September 2010 | Active (13 years, 7 months ago) |
| 13 July 2010 | Not eligible to practice law in CA (13 years, 9 months ago) Ordered inactive 03-C-03823 |
| 26 January 2010 | Active (14 years, 2 months ago) |
| 25 November 2009 | Not eligible to practice law in CA (14 years, 4 months ago) Ordered inactive 03-C-03823 |
| 25 January 2006 | Conviction record transmitted to State Bar Court 04-C-15871 (18 years, 2 months ago) |
| 9 February 2005 | Conviction records transmitted to State Bar Court (19 years, 2 months ago) |
| 12 October 2004 | Conviction record transmitted to State Bar Court 03-C-03823 (19 years, 6 months ago) |
| 16 June 2002 | Active (21 years, 10 months ago) |
| 17 April 2002 | Not eligible to practice law in CA (22 years ago) Discipline w/actual suspension 00-O-15438 |
| 27 February 2002 | Active (22 years, 1 month ago) |
| 22 February 2002 | Not eligible to practice law in CA (22 years, 2 months ago) Suspended/Child & Fam Supp noncompliance |
| 7 September 2001 | Active (22 years, 7 months ago) |
| 24 July 2001 | Not eligible to practice law in CA (22 years, 9 months ago) Actual Suspension Delayed 00-O-13182 |
| 2 July 2001 | Active (22 years, 9 months ago) |
| 1 July 2001 | Not eligible to practice law in CA (22 years, 9 months ago) Discipline w/actual suspension 00-O-13182 |
| 1 July 2001 | Probation with conditions 00-O-13182 (22 years, 9 months ago) |
| 29 May 2001 | Disciplinary charges filed in State Bar Court 00-O-15438 (22 years, 11 months ago) |
| 26 September 2000 | Active (23 years, 7 months ago) |
| 25 September 2000 | Not eligible to practice law in CA (23 years, 7 months ago) Ordered inactive 00-O-03182 |
| 10 August 2000 | Disciplinary charges filed in State Bar Court 00-O-13182 (23 years, 8 months ago) |
| 17 August 1999 | Active (24 years, 8 months ago) |
| 11 August 1999 | Not eligible to practice law in CA (24 years, 8 months ago) Suspended, failed to pass Prof.Resp.Exam 94-O-17568 |
| 8 July 1998 | Discipline, probation; no actual susp. 94-O-17568 (25 years, 9 months ago) |
| 3 November 1997 | Active (26 years, 5 months ago) |
| 2 October 1997 | Not eligible to practice law in CA (26 years, 6 months ago) Suspended/Child & Fam Supp noncompliance |
| 4 March 1997 | Conviction record transmitted to State Bar Court 95-C-16342 (27 years, 1 month ago) |
| 26 November 1996 | Disciplinary charges filed in State Bar Court 94-O-17827 (27 years, 5 months ago) |
| 2 November 1995 | Disciplinary charges filed in State Bar Court 94-O-17568 (28 years, 5 months ago) |
| 18 December 1974 | Admitted to the State Bar of California (49 years, 4 months ago) |
Discipline Summaries
June 14, 2013 MICHAEL THOMAS MORRISSEY [#62195], 64, of Cupertino, was disbarred June 14, 2013 and ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Morrissey was culpable of disobeying a court order issued by the hearing department of the State Bar Court during his fourth disciplinary hearing; that he acted with moral turpitude by falsely declaring under penalty of perjury that he had complied with the order; that he failed to perform competently in a client matter; and failed to cooperate with a State Bar investigation.Morrissey sought review claiming, among other things, that the hearing judge made procedural and evidentiary errors, that he did not disobey the order and that the State Bar’s discipline process is unconstitutional.A three-judge review panel upheld all of the hearing judge’s findings but also found Morrissey culpable of failing to perform competently.Morrissey has four prior records of discipline, much of it attributable to drug and alcohol abuse. For example, in 2002 and 2003 he was convicted of four alcohol-related crimes, including a hit and run that occurred while he was under the influence of drugs. Morrissey asked to participate in the Alternative Discipline Program, which he completed, and received a six-month actual suspension. The judge allowed Morrissey to serve the suspension in three, 60-day suspension periods. After the second period of suspension, Morrissey filed an inaccurate compliance declaration that led to his current discipline.According to the panel, Morrissey demonstrated “a disturbing pattern involving disrespect for clients and the judicial process, and an utter disregard for his professional responsibilities. “In view of the factors that are unique to this case, disbarment is warranted and necessary to protect the public, the courts and the legal profession,†the panel wrote in its disbarment recommendation. “Morrissey has failed to meet his professional obligations for nearly two decades in five separate disciplinary proceedings. Overall, he has demonstrated at least ‘pervasive carelessness’ toward his practice and compliance with ethical rules since 1992.â€June 25, 2011 MICHAEL THOMAS MORRISSEY [#62195], 63, of Cupertino was suspended for two years, stayed, placed on three years of probation with an actual six-month suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect June 25, 2011. Morrissey successfully completed the State Bar’s Alternative Discipline Program for lawyers with substance abuse or mental health issues. He demonstrated a connection between both those issues and his misconduct after he was convicted in 2004 of misdemeanor hit and run. He also had been convicted twice of driving under the influence and driving on a revoked license, all misdemeanors.He also stipulated that he failed to comply with court orders by not paying four court-ordered sanctions that totaled almost $29,000. He paid a fifth sanction of $3,500.Morrissey has been disciplined three times previously for misconduct that included failures to perform legal services competently, return client files, refund unearned fees, properly maintain client funds in trust or communicate with clients, and he improperly withdrew from employment and violated probation conditions.In mitigation, he cooperated with the bar’s investigation, had marital, financial and physical difficulties and completed a residential treatment for his chemical dependency.July 1, 2001 MICHAEL THOMAS MORRISSEY [#62195], 52, of San Jose was suspended for two years, stayed, placed on probation for two years with a 45-day actual suspension, and was ordered to prove his rehabilitation and fitness to practice. The order took effect July 1, 2001. Morrissey stipulated to failing to comply with terms of probation imposed in 1998. He submitted proof of paying $1,000 in restitution to a client but failed to submit proof of paying interest due. He also did not submit proof of completing eight hours of MCLE, ordered as part of his probation, until January 2001.The probation was imposed as part of an earlier discipline related to four consolidated cases.In mitigation, he cooperated with the bar by agreeing to the discipline without a hearing. He had tried for 10 months to learn the terms and conditions of his probation but due to the 1997 veto of the bar’s fee bill, the discipline system was virtually shut down and no one responded to his requests. He received the information in May 1999. Morrissey’s transgression was failing to advise the bar of his compliance.July 8, 1998 MICHAEL T. MORRISSEY [#62195], 49, of Los Gatos was suspended for six months, stayed, placed on one year of probation, and was ordered to take the MPRE within one year. The order took effect July 8, 1998. Morrissey stipulated to multiple acts of failure to perform legal services competently and communicate with clients.In a civil action, Morrissey received $25,000 as advanced attorney's fees and costs; he did not deposit all the money in his client trust account as required. Although he filed a complaint in the case, his client ended the representation and asked for a refund of unearned fees and costs.Morrissey did not do so, and a month later filed for bankruptcy. He eventually settled with the client for $11,000.In another civil matter, for which a client advanced him $5,000, he was unable to serve the defendant and took no further action in the case. He then failed to communicate with the client, and when she hired a new attorney, he did not promptly forward her file. He withdrew from employment without protecting his client's interests, failed to perform legal services competently, respond to a client's status inquiries, or return client files.A judgment and sanctions were entered against Morrissey's client in a pending medical malpractice case he took over after he missed two deadlines and failed to appear at a hearing. He did not inform his client about the judgment or the sanctions.Morrissey failed to prosecute another client's wrongful termination matter; he did not keep appointments with the client, respond to letters or phone calls (his phone was disconnected), or return the client's file or advanced fees.Although he filed a notice of change of address in another civil matter in which he won a reversal on appeal, he was not notified of several proceedings in the lower court rehearing the case. Nonetheless, he did not return his client's phone calls, and did not provide an accounting when she requested one.Morrissey also stipulated to a no contest plea to one count of misdemeanor battery after he struck his ex-wife in the face with his fist during an altercation at her residence. His conduct did not involve moral turpitude, but did warrant discipline.In mitigation, Morrissey's misconduct occurred during a time when he was practicing law with his ex-wife. She became the sole signatory on all accounts, removed all money from the business bank accounts and a month later disappeared. She also took many client files.As a result, none of the office staff or attorneys was paid, no bills were paid, and most employees quit, forcing the closure of the office. Morrissey, without money or support, assumed the caseloads of five attorneys.In addition, his ex-wife changed the firm's phone number and put in a change of address to have the post office forward all law firm mail to her. As a result, clients could not contact Morrissey at a time he was attempting to set up a new office and handle cases and deadlines as he became aware of them.He has no prior record of discipline and cooperated with the bar's investigation. |