Timothy Lee Taggart is an active member of the California Bar and was admitted 23rd June 1976. Timothy graduated from University of LaVerne COL.

Lawyer Information

NameTimothy Lee Taggart
First Admitted23 June 1976 (47 years, 10 months ago)
StatusActive
Bar Number69462

Contact

Current Email[email protected]
Phone Number619-488-3249
Fax Number760-544-5129

Schools

Law SchoolUniversity of LaVerne COL (Ontario CA)
Undergraduate SchoolCalifornia St Polytechnic University (Pomona CA)

Address

Current AddressA Bldg - Box 1 (A100), 999 N Pacific St
Oceanside, CA 92054
Map
Previous AddressPO Box 292517
Sacramento, CA 95829-2517

History

7 July 2006Active (17 years, 10 months ago)
22 February 2002Not eligible to practice law in CA (22 years, 2 months ago)
Discipline w/actual suspension 99-PM-10316
8 February 2002Not eligible to practice law in CA (22 years, 2 months ago)
Suspended/Child & Fam Supp noncompliance
25 July 2001Active (22 years, 9 months ago)
24 August 2000Not eligible to practice law in CA (23 years, 8 months ago)
Suspended/Child & Fam Supp noncompliance
27 September 1999Not eligible to practice law in CA (24 years, 7 months ago)
Suspended, failed to pay fees
31 August 1998Not eligible to practice law in CA (25 years, 8 months ago)
Suspended/Child & Fam Supp noncompliance
19 September 1997Not eligible to practice law in CA (26 years, 7 months ago)
Discipline w/actual suspension 91-O-02615
19 September 1997Not eligible to practice law in CA (26 years, 7 months ago)
Discipline w/actual suspension 91-O-03429
3 April 1996Disciplinary charges filed in State Bar Court 91-O-03429 (28 years, 1 month ago)
10 December 1993Disciplinary charges filed in State Bar Court 91-O-02615 (30 years, 5 months ago)
23 June 1976Admitted to the State Bar of California (47 years, 10 months ago)

Discipline Summaries

February 22, 2002

TIMOTHY LEE TAGGART [69462], 51, of Yucaipa - Taggart's probation was revoked, the stay of execution of his suspension was lifted and he was actually suspended for six months. In addition, he was placed on two years of probation, given a two-year stayed suspension and ordered to make restitution and comply with rule 955. The order took effect Feb. 22, 2002.

Taggart sought review of a hearing judge's recommendation that his probation be revoked because he failed to make restitution on time, as required by a 1997 discipline order. Taggart argued that the probation revocation was a violation of due process and equal protection and that it "was discriminatory based upon financial status."

The review court, however, upheld the hearing judge's findings and increased the level of discipline.

The misconduct was the result of Taggart's representation of a client who sued her former employer, Golden Cheese Co., for wrongful termination. Golden Cheese prevailed on a motion for summary judgment, partially because of Taggart's incompetent representation.

The client then hired another attorney to appeal the case and to sue Taggart for malpractice. During the course of the proceedings, Taggart had his legal assistant contact counsel for Golden Cheese to inform them that he had damaging information about his former client that would be beneficial to the company. He also had his assistant tell the client's new lawyer that Taggart had information about the client's past illegal conduct that would become public if the malpractice case continued.

Taggart also issued a subpoena in the malpractice case seeking documents from the Employment Development Department. In a declaration in support of the subpoena, Taggart stated that he had documents showing that his former client defrauded the EDD by receiving benefits while she was secretly working.

In an unrelated matter, the bar court found that Taggart manufactured a claim of bias against a commissioner hearing the case in order to have the commissioner removed.

In another case, the court found that Taggart failed to refund fees promptly and in a fourth matter, it found that he failed to obey a court order requiring him to appear at an order to show cause hearing.

As part of his probation, Taggart was ordered to make restitution amounting to $1,528 plus interest to the attorney who filed the malpractice case. The restitution was the result of discovery sanctions Taggart was ordered to pay, but did not.

Four days before the State Bar Court issued its discipline order, Taggart filed for bankruptcy, listing the restitution as a debt. The malpractice case lawyer then filed a complaint to determine whether the restitution debt was dischargeable. The bankruptcy court subsequently discharged all of Taggart's debts, including the restitution.

When the bar court filed a motion to revoke Taggart's probation because he had not made restitution, Taggart sought to have bar attorneys held in contempt of court for trying to revoke his discipline based on a failure to pay a discharged debt. The bankruptcy court concluded that the bar lawyers were not in contempt because requiring Taggart to make restitution was "part of the rehabilitative process and hence a proper, nondischargeable condition of probation."

Taggart then tried unsuccessfully to have the restitution requirement removed as a condition of probation. When he did not seek review, the bar court hearing judge said he failed to comply with probation conditions.

Taggart also was disciplined in 1997 for not disclosing to a client that he had a business and personal relationship with an individual who had interests adverse to his client and for not disclosing that he had an interest in a judgment he obtained for the client. He also delayed the deposit of a check issued for the benefit of his client so that a third party, with whom he had a professional and personal relationship, could place a levy on the check.

In the probation revocation matter, the court found that Taggart faced financial difficulties that were beyond his control, although the mitigation might have been given more weight had Taggart been more forthcoming about his finances.

August 8, 1997

TIMOTHY LEE TAGGART [#69462], 47, of Bloomington was suspended for two years, stayed, with an actual suspension of seven months. He also was placed on probation for two years and was ordered to make restitution and comply with rule 955. The order was effective Aug. 8, 1997.

Taggart’s misconduct involved four separate clients. In one case, he repeatedly failed to perform competently, provided information to opposing counsel which harmed his former client’s case, threatened criminal prosecution to gain advantage in a civil matter, failed to pay court sanctions and failed to maintain the confidences of his client.

In that case, Taggart was hired by a woman in 1989 in connection with claims for discrimination, wrongful termination, intentional infliction of emotional distress and other related causes of action against her employer, a cheese company. Allegations of sexual harassment were later added, then successfully removed from the complaint by the cheese company.

Taggart did not personally meet his client until a deposition was taken in July 1990. Taggart’s clients were usually prepared by his legal assistant, who holds a law degree, but is not a member of the State Bar. Although Taggart indicated that the client did not testify well during several days of deposition, he neglected to meet with her during the continuance period between deposition dates for further instructions.

Until the client sued him for malpractice at a later date, Taggart was ignorant of many key factors in her case, including allegations that co-workers had made numerous sexual overtures, such as pulling zippers up and down in front of her and carving a penis out of a block of cheese.

The client eventually hired another attorney to continue her case and to bring a legal malpractice suit against Taggart. The new attorney settled the client’s case against her former employer for $41,000.

A jury found that Taggart and his firm were negligent in their handling of the client’s case and that his assistant had contacted defense counsel for the cheese company offering information to aid its case against Taggart’s former client.

In aggravation, Taggart has a prior record of discipline. He was suspended for four months with a two-year stayed suspension in 1996, which will run concurrently with his current disciplinary order. In addition, his current misconduct involved multiple acts of wrongdoing.

No factors were considered in mitigation.