San Jose, CA 95160
31 December 2017 | Inactive (7 years, 4 months ago) |
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11 May 2001 | Discipline, probation; no actual susp. 96-O-07757 (23 years, 12 months ago) |
24 June 1976 | Admitted to the State Bar of California (48 years, 10 months ago) |
May 11, 2001 THOMAS CHASE STUTZMAN [#69452], 51, of San Jose was suspended for one year, stayed, placed on probation for two years and ordered to take the MPRE within one year. The order took effect May 11, 2001. Stutzman stipulated to misconduct in three separate cases. In the first, he failed to refund more than $9,500 owed a client in 1997, after she terminated his employment and demanded Stutzman pay funds he was holding on her behalf. He asked her to sign a document stating he had no legal obligation to pay. At the time, he erroneously believed he could keep a minimum fee. The bar court said he acted in good faith and now understands his mistake.In the second matter, Stutzman ran afoul of husband-and-wife clients when, in demanding additional fees, he offered to accept massages from the wife in exchange for legal services. She interpreted this to be a sexual overture, though Stutzman maintained he had no intention to proposition her. There was no sexual relationship or improper contact.In the third case, Stutzman failed to return a $2,500 fee to a client within a reasonable period of time, doing so in August 2000 only after the State Bar sent a letter of inquiry.Stutzman has since redrafted his fee agreement and no longer asks for non-refundable fees.In mitigation, Stutzman had no prior record of discipline and cooperated with the bar’s investigation. |