Newport Beach, CA 92660
15 November 2000 | Disbarred (24 years, 5 months ago) Disbarment 00-N-10032 |
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1 July 2000 | Not eligible to practice law in CA (24 years, 10 months ago) Ordered inactive 00-N-10032 |
23 April 2000 | Not eligible to practice law in CA (25 years ago) Ordered inactive 00-N-10032 |
4 February 2000 | Disciplinary charges filed in State Bar Court 00-N-10032 (25 years, 3 months ago) |
27 September 1999 | Not eligible to practice law in CA (25 years, 7 months ago) Suspended, failed to pay fees |
3 July 1999 | Not eligible to practice law in CA (25 years, 10 months ago) Discipline w/actual suspension 96-O-02885 |
16 January 1998 | Disciplinary charges filed in State Bar Court 96-O-02885 (27 years, 3 months ago) |
9 November 1995 | Public reproval with/duties 95-H-12447 (29 years, 6 months ago) |
22 December 1976 | Admitted to the State Bar of California (48 years, 4 months ago) |
November 15, 2000 JAMES CHRISTOPHER WOODWARD [#73225], 49, of Newport Beach was disbarred Nov. 15, 2000, and was ordered to comply with rule 955 of the California Rules of Court. As part of a 1999 discipline order, Woodward was ordered to comply with rule 955 by notifying all clients and pertinent parties that he was suspended from practice and to submit an affidavit to that effect to the Supreme Court. He failed to file the affidavit.Failure to comply with rule 955 is grounds for disbarment.In the underlying matter, Woodward failed to advise a client that he had received $70,000 in settlement funds, he misappropriated those funds, failed to respond to the client’s phone calls and falsely told the client he would pay a lien. He also misappropriated more than $30,000 from a second client and made misleading statements.In a third matter, he indemnified his husband and wife clients as to all costs should they lose their case, but did not advise them to seek independent counsel. After a defense verdict, he failed to challenge defense costs or appeal the matter, and he did not respond to his clients’ letters.Woodward was publicly reproved in 1995, but violated his probation by failing to file three quarterly probation reports, attend ethics school or the client trust accounting class, or pass the professional responsibility exam.The 1995 reproval was issued because Woodward failed to comply with a 1994 private reproval. He did not file two probation reports or provide a certificate from a public accountant attesting to the condition of his client trust account.The 1994 discipline was the result of failing to pay an attorney who had a lien on funds Woodward received and, at the same time, allowing the balance in his trust account to fall below the required amount.July 3, 1999 JAMES CHRISTOPHER WOODWARD [#73225], 47, of Newport Beach was suspended for five years, stayed, placed on five years of probation with an actual three-year suspension, and was ordered to make restitution of $50,000 plus interest, take the MPRE and comply with rule 955. The order took effect July 3, 1999. Woodward stipulated to 17 counts of misconduct in three consolidated cases.The first involved two personal injury cases for a client who faced medical bills of more than $160,000. The client's former attorney had filed a lien for $7,744 for fees and costs against any recovery from the insurance company.One of the two cases settled for $25,000, and although Woodward told the client he would pay a lien in favor of Orange County for more than $6,000, he did not do so because there were insufficient funds after payment of other liens, costs and expenses and a payment to the client.Woodward settled the second case for $100,000, which he received in payments of $30,000 and $70,000. He did not tell the client about the larger payment, but she learned of it from the insurance company and made repeated efforts to contact Woodward to receive her settlement proceeds.She hired another lawyer, and Woodward made a partial payment of $30,000. Letters, phone calls and faxes were unsuccessful and eventually the client went to the police. At that time, Woodward paid the client another $30,000 and wrote a check to Orange County to cover the lien, but he never sent it.He stipulated that he failed to communicate with his client, keep her informed of developments in her case, and misled the client and misappropriated her money, both acts of moral turpitude.Woodward settled a personal injury case for another client for $300,000. When he deposited the check in his client trust account, it brought the balance to $300,036.01. He paid co-counsel their fees, and then wrote a check for $30,000 to the client in the first case.The clients in this matter were owed a total of about $141,000; Woodward wrote three checks amounting to more than $112,000, but the balance in his trust account fell to $1,341.59. When one client tried to cash a check for $42,000, she learned Woodward had insufficient funds to cover the check. He later paid her $500 and said he was selling a country club membership and would pay the remainder of her money from the proceeds of that sale. However, he had been ordered to sell the membership to pay more than $90,000 he owed judgment creditors in a malpractice case.Woodward eventually paid the client the full amount she was owed, plus interest plus $15,000 to compensate her for any damages.He stipulated that he misappropriated funds, an act of moral turpitude, and misled a client.In a third personal injury case, Woodward convinced his clients to reject a settlement offer by agreeing to indemnify them in the event of a defense verdict and an award of costs. Judgment was entered against his clients, as well as costs of $52,000. Although Woodward said he would appeal, he never did.For four months, Woodward's clients tried to contact him by phone and fax to determine the status of the case and the costs. During that time, the malpractice judgment against Woodward ordered the sale of the country club membership. When the clients learned that a lien had been filed against their home, they hired a new attorney. Woodward told the new lawyer about the club membership, but did not say there were other potential claimants to the proceeds of the sale. The clients eventually were forced to execute a note for $50,000, on which they continue to make payments.Woodward failed to provide legal services competently, communicate with his clients, or keep them informed of developments in their case, and by entering into the indemnification agreement, he put his interests ahead of his clients', an act of moral turpitude.Woodward was privately reproved in 1994, but failed to comply with the conditions attached to the discipline. He also was publicly reproved a year later.In mitigation, he made restitution to two clients and the malpractice judgment caused severe financial problems. He has a long record of community service and pro bono involvement and presented a wide range of references attesting to his good character. |