Brian Yun Kong Ching was admitted to the California Bar 17th April 1978, but has since been disbarred. Brian graduated from Armstrong Coll.
Lawyer Information
| Name | Brian Yun Kong Ching |
|---|---|
| First Admitted | 17 April 1978 (47 years, 2 months ago) |
| Status | Disbarred |
| Bar Number | 79456 |
Contact
| Phone Number | 510-769-0200 |
|---|---|
| Fax Number | 415-386-8180 |
Schools
| Law School | Armstrong Coll (Berkeley CA) |
|---|---|
| Undergraduate School | Armstrong University (Berkeley CA) |
Address
| Current Address | 8001 Phaeton Dr Oakland, CA 94605 |
|---|---|
| Map |
History
| 15 September 2012 | Disbarred (12 years, 9 months ago) Disbarment 11-O-13019 |
|---|---|
| 19 April 2012 | Not eligible to practice law in CA (13 years, 2 months ago) Ordered inactive 11-O-13019 |
| 8 March 2012 | Disciplinary charges filed in State Bar Court 11-O-17366 (13 years, 3 months ago) |
| 28 December 2011 | Disciplinary charges filed in State Bar Court 11-O-13019 (13 years, 5 months ago) |
| 21 December 2011 | Not eligible to practice law in CA (13 years, 6 months ago) Actual Suspension Delayed 10-O-01662 |
| 24 November 2011 | Probation with conditions 10-O-01662 (13 years, 6 months ago) |
| 17 April 1978 | Admitted to the State Bar of California (47 years, 2 months ago) |
Discipline Summaries
September 15, 2012 BRIAN YUN KONG CHING, 62, of Oakland was disbarred Sept. 15, 2012, and was ordered to make restitution of almost $50,000 and comply with rule 9.20 of the California Rules of Court. Ching stipulated to 19 acts of misconduct in four matters. He settled three matters without his clients’ consent and deprived the clients of funds totaling more than $30,000.In three personal injury matters, Ching allowed someone in his office to settle the cases without the clients’ knowledge or authorization. He or an employee signed the clients’ names to releases and received money on the clients’ behalf without notifying them. An employee also made misrepresentations to the clients. Because Ching did not maintain good trust account records, he did not know who had retained his services, and was unaware of pleadings filed in his name, settlements made in his clients’ names and the misappropriation of the settlement funds by his employees.He didn’t tell his clients about the receipt of settlement funds and did not properly maintain the funds, nor did he respond to his clients’ requests for information. His conduct amounted to a failure to perform legal services competently.In a family law matter that Ching accepted in 2005, he did not appear at a 2008 hearing but arranged for another lawyer to appear. He did not subsequently act to establish a final “order after hearing†that required his client to make 25 payments to his ex-wife through Ching. The first four checks were forwarded to the ex-wife but she did not receive the remaining checks, totaling $17,493. Ching or someone on his behalf forged the ex-wife’s signature on the checks and cashed them.Ching admitted that his misconduct, which included acts of moral turpitude, spanned six years and “encompassed all areas of his practice.†He “was ‘sloppy’ and ‘all wrong’ about filing pleadings, signing up clients, negotiating settlements, handling settlement funds, and he did not keep any trust account records.â€He was suspended and placed on probation last year for misconduct that included acts of moral turpitude, failures to deposit client funds in a trust account, promptly pay out client funds, perform legal services competently, communicate with clients and pay court-ordered sanctions. In mitigation, he cooperated with the bar’s investigation by stipulating to disbarment and had severe family problems: his son suffered from mental illness and was in the juvenile criminal justice system from 2005 until his unexpected death in 2010 at the age of 21. |