Walnut Creek, CA 94596
14 February 2013 | Disbarred (11 years, 2 months ago) Disbarment 10-O-05217 |
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21 August 2012 | Not eligible to practice law in CA (11 years, 8 months ago) Ordered inactive 10-O-05217 |
7 August 2012 | Active (11 years, 8 months ago) |
28 July 2012 | Not eligible to practice law in CA (11 years, 9 months ago) Ordered inactive 10-O-05217 |
28 December 2011 | Disciplinary charges filed in State Bar Court 10-O-05217 (12 years, 4 months ago) |
31 May 1979 | Admitted to the State Bar of California (44 years, 11 months ago) |
February 14, 2013 EUGENE MARTIN HANNON [#85632], 65, of Walnut Creek was disbarred Feb. 14, 2013, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Hannon misappropriated more than $28,000 in trust funds in two client matters and it recommended that he make restitution plus interest. Judge Lucy Armendariz found that he committed four acts of moral turpitude.Hannon’s client and his former girlfriend were involved in several cases and reached two settlement agreements that were never fulfilled. As part of a third settlement, Hannon was to open an interest-bearing account that was to ultimately hold $55,000. His client was to provide monthly payments of $9,166.66. Hannon never opened the account and deposited three installments, totaling $27,500.66, into his client trust account. Less than a year later, the account was overdrawn and Hannon admits he used the money for his own benefit. He made misrepresentations to two lawyers about the status of the money.Hannon wrote two checks totaling $6,146.85 against insufficient funds and also issued a check, for $771.90, to another client in an unrelated matter. It also bounced.Armendariz found that Hannon committed four acts of moral turpitude: misappropriation, making misrepresentations to other attorneys, writing checks against insufficient funds and allowing the balance in his client trust account to fall below zero.She found his testimony that he did not deliberately misappropriate funds “lacks credibility†and described his record-keeping as reckless. The judge also rejected Hannon’s testimony that his client authorized him to withdraw the money and apply it to his outstanding legal fees.Hannon’s client and former girlfriend were deprived of their funds for five years and the client sued Hannon to recover the money. He has made no restitution.In mitigation, Hannon had no discipline record in 28 years of practice. He submitted testimony of his good character, performed community work, is a heavily decorated Vietnam veteran and has had severe health problems, including brain tumor surgery and bowel surgery. He is an alcoholic and suffers from depression and post-traumatic stress disorder. Nonetheless, Armendariz said, the mitigation does not “justify discipline of less than disbarment.†|