Guerneville, CA 95446-0304
14 November 2003 | Active (21 years, 5 months ago) |
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14 February 2003 | Not eligible to practice law in CA (22 years, 2 months ago) Discipline w/actual suspension 93-O-17994 |
16 January 1997 | Disciplinary charges filed in State Bar Court 93-O-17994 (28 years, 3 months ago) |
22 December 1976 | Admitted to the State Bar of California (48 years, 4 months ago) |
February 14, 2003 DAVID ROSS OLICK [#72152], 61, of Benicia was suspended for two years, stayed, placed on two years of probation with a nine-month actual suspension, and was ordered to take the MPRE within one year and comply with rule 955. The order took effect Feb. 14, 2003. Olick appealed the findings of a hearing court judge, but the review department upheld the findings and increased the recommended discipline.Olick substituted in to a wrongful death suit. After he amended the suit, the previous law firm intervened to protect its claim for attorney fees. Olick then accused the firm of breach of fiduciary duty and infliction of emotional distress.Although he agreed to distribute most of the $100,000 settlement to his minor clients upon approval of their compromise, he did not effect the compromise for 30 months. He filed two more actions in different counties against the law firm that previously represented his clients. One was dismissed and Olick was sanctioned $15,000, and Olick himself dismissed the second. The review department found that Olick failed to perform legal services competently by not completing the original case and filing a cross-complaint on behalf of litigants who had no standing. The court also found he pursued an unjust action.In a second matter, an individual who had been fired from his job consulted with Olick about an agreement the employer wanted him to sign in order to receive severance payment. He provided documents to Olick.The client also met with an agent for the state Department of Fair Employment and Housing, who wanted to speak to Olick before deciding whether to issue a "right to sue" letter. Ten months later, on the last possible day to file suit, Olick called the agent and simultaneously told the client he didn't want to handle his case. He did not return what he said was the client's file until the client contacted a radio consumer affairs reporter. The file consisted of a single sheet of paper bearing the man's name and phone number.The review department said Olick failed to communicate with the client, act competently or return his papers.In a third matter, he also failed to return a client's papers.In mitigation, Olick practiced since 1976 without any discipline and he performed community service activities. |