Fresno, CA 93721-1133
13 May 2004 | Resigned (20 years, 11 months ago) Resignation with charges pending 04-Q-11128 |
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23 March 2004 | Not eligible to practice law in CA (21 years, 1 month ago) Vol.inactive(tender of resign.w/charges) 04-Q-11128 |
16 September 2003 | Not eligible to practice law in CA (21 years, 7 months ago) Suspended, failed to pay fees |
23 February 2003 | Not eligible to practice law in CA (22 years, 2 months ago) Discipline w/actual suspension 96-O-06799 |
28 February 2000 | Disciplinary charges filed in State Bar Court 96-O-06799 (25 years, 2 months ago) |
26 August 1997 | Active (27 years, 8 months ago) |
26 March 1997 | Not eligible to practice law in CA (28 years, 1 month ago) Discipline w/actual suspension 94-O-12256 |
27 April 1995 | Disciplinary charges filed in State Bar Court 94-O-12256 (30 years ago) |
23 June 1978 | Admitted to the State Bar of California (46 years, 10 months ago) |
February 23, 2003 IRA SYLVESTER BRACKENS [#79807], 55, of Fresno was suspended for three years, stayed, placed on four years of probation with an 18-month actual suspension and was ordered to take the MPRE and comply with rule 955. The order took effect Feb. 23, 2003. Brackens stipulated to three counts of misconduct, but then sought review of a hearing judge's recommendation that he be suspended. Brackens argued that a public reproval would be appropriate.The review department increased the hearing judge's recommendation of a six-month suspension to an 18-month suspension.Brackens stipulated that between 1996 and 1998, he wrote at least 177 checks against insufficient funds in his client trust account for personal and non-client related business expenses. He also admitted commingling client and non-client funds. Although he testified that he assumed there were funds in the trust account when he wrote the checks, the hearing judge found he abdicated his responsibility to control his trust account, which constituted an act of moral turpitude.Brackens was suspended in 1996 and submitted quarterly probation reports representing under penalty of perjury that he complied with all ethical rules governing his practice. However, he was violating those rules by using his trust account as his personal account. He stipulated that his actions constituted acts of moral turpitude.In mitigation, Brackens cooperated with the bar's investigation.March 26, 1997 IRA S. BRACKENS [#79807], 49, of Fresno was suspended for three years, stayed, and placed on three years of probation with an actual five-month suspension. He also was ordered to take the MPRE within one year and comply with rule 955. The order took effect March 26, 1997. Brackens entered into a partnership with a disbarred attorney, Oscar Luna, and allowed Luna and other non-lawyers to practice law under the aegis of "Ira Brackens & Associates" in Fresno. They maintained separate offices for about 18 months and worked in the same office for six months. Luna procured clients for the law firm and provided legal services for numerous clients. Brackens paid him in cash and Luna then paid the other non-attorneys and the office overhead. Luna and the others used Brackens' signature stamp on letters, pleadings and other documents. By his conduct, Brackens permitted misuse of his name as an attorney, aided Luna's unauthorized law practice, maintained a partnership for the practice of law with a non-lawyer, failed to supervise his employees, and committed acts of moral turpitude. In mitigation, Brackens has not been disciplined since he began practicing in 1978. |