San Francisco, CA 94102
21 August 2010 | Disbarred (14 years, 9 months ago) Disbarment 06-O-10765 |
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9 January 2010 | Not eligible to practice law in CA (15 years, 4 months ago) Ordered inactive 06-O-10765 |
18 November 1996 | Active (28 years, 6 months ago) |
15 August 1996 | Not eligible to practice law in CA (28 years, 9 months ago) Discipline w/actual suspension 93-O-18539 |
30 November 1994 | Disciplinary charges filed in State Bar Court 93-O-18539 (30 years, 6 months ago) |
15 March 1994 | Active (31 years, 2 months ago) |
24 September 1993 | Discipline, probation; no actual susp. 92-P-16221 (31 years, 8 months ago) |
24 September 1993 | Not eligible to practice law in CA (31 years, 8 months ago) Discipline w/actual suspension 91-O-07112 |
2 September 1993 | Active (31 years, 9 months ago) |
23 April 1993 | Not eligible to practice law in CA (32 years, 1 month ago) Suspended, failed to pass Prof.Resp.Exam |
2 December 1992 | Disciplinary charges filed in State Bar Court 91-O-07112 (32 years, 6 months ago) |
28 July 1992 | Disciplinary charges filed in State Bar Court 92-P-16221 (32 years, 10 months ago) |
15 November 1991 | Discipline, probation; no actual susp. 88-O-13956 (33 years, 6 months ago) |
15 February 1990 | Disciplinary charges filed in State Bar Court 88-O-13956 (35 years, 3 months ago) |
28 June 1977 | Admitted to the State Bar of California (47 years, 11 months ago) |
August 21, 2010 CRAIG KENNETH MARTIN [#74750], 62, of San Francisco was disbarred Aug. 21, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Martin committed six acts of misconduct, including failing to perform legal services with competence, respond to client inquiries, inform his client of significant developments, account for client funds and refund unearned fees, and he improperly withdrew from representation. Although he faced charges in a second matter, the bar court dismissed it.Martin was hired to attempt to resolve issues with an attorney who had been handling his client’s late husband’s estate. He took a $5,000 advance fee and filed a complaint that alleged negligence. However, he did not serve the defendants by the required deadline, obtain an answer or file an acceptable default against the defendants, appear at repeated hearings or file a Second Amended Complaint. The case was dismissed with prejudice, but Martin did not inform his client for four months.He also didn’t send the client a monthly accounting of her fee or refund the unearned portion of the fee when the case was dismissed. He stipulated that he withdrew from representation without protecting his client’s interests.In the second matter, he sued two people for slander. The bar alleged that by not filing an arbitration brief, not appearing at arbitration and summary judgment hearings or at oral argument before the Court of Appeal, Martin maintained an unjust action. Bar court Judge Pat McElroy disagreed and dismissed the charge.However, she recommended Martin’s disbarment. He was disciplined four times previously, beginning in 1991, but McElroy said, “the present matter reflects some of the same misconduct that (Martin) has been disciplined for in the past — namely failing to perform with competence and failing to communicate significant developments to his client.†The judge said she had little assurance Martin would not commit similar misconduct in the future.In mitigation, he presented what the judge called an “extraordinary demonstration of good character†and evidence of substantial pro bono work.August 15, 1996 CRAIG KENNETH MARTIN [#74750], 47, of San Francisco was suspended for two years, stayed, placed on three years of probation with an actual 90-day suspension, and was ordered to take the MPRE within one year and comply with rule 955. The order took effect Aug. 15, 1996. Martin practiced law by representing a client in a civil matter while suspended for failing to pass the California Professional Responsibility Examination. He also failed to comply with probation conditions stemming from an earlier discipline order.Martin has been disciplined three previous times for offenses including commingling client and personal funds in one case and for violating probation in another.In mitigation, he cooperated with the bar's investigation. In addition, although Martin was notified he failed the CPRE, he discovered that one of the answers on the test was graded incorrectly. As a result of the flawed exam result, Martin was suspended and did not practice for 60 days. |