Glendale, CA 91204-1041
21 January 2010 | Discipline, probation; no actual susp. 07-O-12927 (15 years, 3 months ago) |
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15 October 1999 | Discipline, probation; no actual susp. 99-H-10273 (25 years, 6 months ago) |
28 April 1999 | Disciplinary charges filed in State Bar Court 99-H-10273 (26 years ago) |
28 April 1997 | Active (28 years ago) |
12 August 1996 | Not eligible to practice law in CA (28 years, 8 months ago) Admin Inactive/MCLE noncompliance |
21 April 1994 | Active (31 years ago) |
19 July 1993 | Not eligible to practice law in CA (31 years, 9 months ago) Admin Inactive/MCLE noncompliance |
23 June 1978 | Admitted to the State Bar of California (46 years, 10 months ago) |
January 21, 2010 VICTOR H. TOSCANO [#80753], 65, of Glendale was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Jan. 21, 2010. Toscano stipulated that he failed to properly account for fees in two matters and did not perform legal services competently in one. In the first matter, he told his client someone had broken into his car and taken the briefcase that held the client’s documents. He did no further work to advance the matter and the client hired a new lawyer. He did not account for the client’s fees, as requested.In the second matter, a client facing foreclosure hired Toscano to represent her with regard to a loan. About a month later, the client visited his office but Toscano did not provide any paperwork that showed action on the case. A week later, she fired him and sought a refund of the $2,000 advance fee. The client hired a new lawyer who negotiated an agreement that averted foreclosure.In mitigation, Toscano incorrectly believed that the clients paid a non-refundable fee for which he did not have to account, even if the work was not actually performed. In fact, the money was an advanced fee, for which he had to account. He argues that he did enough work on both matters to have earned some or all the fees and agreed to go to fee arbitration.October 15, 1999 VICTOR H. TOSCANO [#80753], 54, of Glendale was suspended for one year, stayed, placed on two years of probation with a requirement that he make restitution, and was ordered to take the MPRE within one year. The order took effect Oct. 15, 1999. Toscano violated the terms of a 1997 private reproval by failing to make restitution in the amount of $940. |