El Cajon, CA 92019
12 August 2012 | Disbarred (11 years, 8 months ago) Disbarment 06-O-14476 |
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11 February 2012 | Not eligible to practice law in CA (12 years, 2 months ago) Ordered inactive 06-O-14476 |
20 November 2011 | Not eligible to practice law in CA (12 years, 5 months ago) Ordered inactive 06-O-14476 |
4 November 2009 | Not eligible to practice law in CA (14 years, 5 months ago) Vol.inactive(tender of resign.w/charges) 09-Q-17370 |
11 September 2009 | Disciplinary charges filed in State Bar Court 06-O-14476 (14 years, 7 months ago) |
1 July 2008 | Not eligible to practice law in CA (15 years, 10 months ago) Admin Inactive/MCLE noncompliance |
18 January 2008 | Not eligible to practice law in CA (16 years, 3 months ago) Suspended, failed to pass Prof.Resp.Exam 05-O-01879 |
16 August 2007 | Not eligible to practice law in CA (16 years, 8 months ago) Suspended, failed to pay fees |
17 November 2006 | Discipline, probation; no actual susp. 05-O-01879 (17 years, 5 months ago) |
4 March 2004 | Active (20 years, 1 month ago) |
25 July 1988 | Not eligible to practice law in CA (35 years, 9 months ago) Suspended, failed to pay fees |
1 January 1987 | Inactive (37 years, 4 months ago) |
30 June 1975 | Admitted to the State Bar of California (48 years, 10 months ago) |
August 12, 2012 ROSEMARY RODRIGUEZ, 66, of El Cajon was disbarred Aug. 12, 2012, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Rodriguez committed 18 acts of misconduct in five matters, including violating a 2006 probation. She did not answer disciplinary charges filed against her in 2009, and the Supreme Court rejected her resignation from practice. Although she participated in a status conference in 2011, she never filed a responsive pleading to the charges.Her misconduct included acts of moral turpitude, failures to perform legal services competently, refund unearned fees, return client papers, maintain client funds in trust, communicate with clients or cooperate with the bar’s investigation, and she represented adverse interests.Two clients’ cases were dismissed and another client had to make repeated, unsuccessful attempts to contact her to obtain fees, costs and documents.A client hired her to represent him in discrimination claims against the postal service, but she did not respond to the service’s request to take the client’s deposition or submit the client’s responses to interrogatories, and she did not comply with an order from the Equal Employment Opportunity Commission, which was hearing the case. The case was dismissed.Rodriguez filed an employment discrimination lawsuit on behalf of another client, but it too was dismissed for lack of prosecution. She falsely told the client that she had sent him a copy of the summons, complaint and answer, when in fact no answer to the complaint had been filed. According to the State Bar Court, Rodriguez fabricated the answer to conceal the status of the case from her client.In the third matter, a couple hired Rodriguez and paid an advance fee and costs of $1,865 to file a Chapter 7 bankruptcy. Rodriguez deposited the check into her law office account rather than a client trust account. The clients changed their minds but Rodriguez did not refund the advance fees and costs, nor did she return their file.Rodriguez represented the husband and wife in a joint petition for dissolution. The wife’s legal fee was covered by her legal insurance. Although Rodriguez claimed she had filed the petition, she had not and her misrepresentations amounted to moral turpitude.Rodriguez was disciplined in 2006 for practicing while suspended for non-payment of bar dues, but she did not comply with probation conditions.“The serious and unexplained nature of the misconduct, the lack of participation in these proceedings as well as the self-interest underlying respondent’s actions suggest that she is capable of future wrongdoing and raise concerns about her ability or willingness to comply with her ethical responsibilities to the public and to the State Bar,†wrote Judge Richard Honn, who recommended Rodriguez’ disbarment. “She does not seem interested in practicing law and treated her clients accordingly.â€November 17, 2006 ROSEMARY RODRIGUEZ [#64529], 61, of El Cajon 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 Nov. 17, 2006. Rodriguez handled two legal matters while she was suspended for non-payment of bar dues. She also responded to an ad in a legal newspaper, representing herself in a cover letter and on her resume as an active attorney during a time when she was not entitled to practice.In mitigation, Rodriguez was overwhelmed by her children’s problems and allowed them to cloud her judgment. She worked for another lawyer and incorrectly believed she was essentially acting as a paralegal or law clerk and was not practicing law. She has no prior record of discipline, provided references of her good character and took steps to become active again. |