San Jose, CA 95128-3512
1 August 2012 | Active (12 years, 9 months ago) |
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27 July 2011 | Not eligible to practice law in CA (13 years, 9 months ago) Discipline w/actual suspension 07-O-14171 |
1 July 2011 | Not eligible to practice law in CA (13 years, 10 months ago) Suspended, failed to pay fees |
29 April 2011 | Not eligible to practice law in CA (14 years ago) Discipline w/actual suspension 04-O-10156 |
21 December 1977 | Admitted to the State Bar of California (47 years, 4 months ago) |
July 27, 2011 SCOTT SMITH FURSTMAN [#76476], 62, of San Jose was suspended for two years, stayed, placed on three years of probation with a one-year actual suspension and he was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect July 27, 2011. Furstman stipulated that he misused his client trust account by commingling funds and using it to pay personal and business expenses, and he made 13 electronic debits against insufficient funds. He also didn’t cooperate with the bar’s investigation.Furstman also was disciplined in April 2011 after stipulating to multiple acts of misconduct in six matters, including failures to perform legal services competently, communicate with clients, obey court orders and refund unearned fees, and he abandoned clients.In mitigation, he cooperated with the bar’s investigation.April 29, 2011 SCOTT SMITH FURSTMAN [#76476], 61, of San Jose was suspended for one year, stayed, placed on two years of probation with an actual nine-month suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect April 29, 2011. Although Furstman was admitted to the bar’s Alternative Discipline Program in 2005 after establishing a connection between his mental health issues and his misconduct, he later was terminated from the program. As a result, he received a higher level of discipline.He had stipulated to multiple acts of misconduct in six matters, including failures to perform legal services competently, communicate with clients, obey court orders and refund unearned fees, and he abandoned clients.In mitigation, Furstman practiced law for more than 24 years without any discipline, he cooperated with the bar’s investigation, his family had serious health problems and he had financial and emotional problems as a result of commuting between his family home in northern California and his law practice in southern California. In addition, he paid court-ordered sanctions and refunded advanced attorney fees to two clients. |