Pasadena, CA 91101
22 February 2013 | Disbarred (12 years, 2 months ago) Disbarment 11-O-14891 |
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26 August 2012 | Not eligible to practice law in CA (12 years, 8 months ago) Ordered inactive 11-O-14891 |
18 April 2012 | Disciplinary charges filed in State Bar Court 11-O-14891 (13 years ago) |
29 November 1978 | Admitted to the State Bar of California (46 years, 5 months ago) |
February 22, 2013 ENID GRACE BALLANTYNE [#84279], 70, of Pasadena was disbarred Feb. 22, 2013, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Ballantyne misappropriated more than $14,000 from a client, committing an act of moral turpitude, and that she did not repay more than $11,000 of the money. The court also found she failed to deposit client funds in a trust account or to account for those funds.Ballantyne represented a client in various legal matters before the client inherited $259,000. Although Ballantyne recommended she put the money in an Schwab account, the client owed money to the IRS and asked Ballantyne to hold it for her. Ballantyne was to account for the funds every three months and to obtain the client’s authorization before disbursing any funds.Ballantyne was diagnosed with breast cancer, was unable to work and encountered financial problems. At some point during her illness, she began to take her client’s money from her trust account. Although she testified at trial that she asked the client for a $10,000 loan and the client agreed, there was no evidence to support her testimony. Ballantyne also admitted she used more than $10,000 for her own purposes without her client’s approval.Her accounting for the funds also was described by hearing Judge Donald Miles as “nonsensical†and inaccurate. The balance in the account fell at one point to $17.87.Ballantyne’s “decision to misappropriate [her client’s] funds was intentional and recurring over a period of time,†Miles wrote. “When called on to account for the funds, she first ignored the requests and then provided a misleading document. While she now attributes her past misconduct to her health problems and medications, she testified during trial that certain of those problems are ongoing.â€Ballantyne received limited mitigation for a lack of prior discipline, cooperation with the State Bar’s investigation and repayment of some funds. |