San Diego, CA 92101
25 February 2016 | Resigned (9 years, 3 months ago) Resignation with charges pending 15-Q-12836 |
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1 June 2015 | Not eligible to practice law in CA (9 years, 12 months ago) Vol.inactive(tender of resign.w/charges) 15-Q-12836 |
18 November 2011 | Not eligible to practice law in CA (13 years, 6 months ago) Discipline w/actual suspension 11-J-11428 |
28 January 2009 | Inactive (16 years, 4 months ago) |
1 August 1979 | Admitted to the State Bar of California (45 years, 10 months ago) |
November 18, 2011 DONALD EDWARD FERGUS JR., 60, of San Diego was suspended for four years, stayed, placed on four years of probation with a two-year actual suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Nov. 18, 2011. Fergus was suspended for three years in Arizona for misconduct while representing a client in an estate matter. Time was of the essence and the client died before he signed the power of attorney. Fergus stipulated that he knowingly permitted the client’s son to fraudulently forge his father’s signature on the power of attorney. The client’s three adult children executed a separate property trust prepared by Fergus, who continued to represent the estate.The client’s wife later filed a pleading that alleged doubts that her husband had executed the power of attorney and trust, or that he was not competent to do so.Fergus’s misconduct was the equivalent of moral turpitude and advising a violation of the law in California.According to the stipulation, “the magnitude of (Fergus’s) act of moral turpitude was great since it concerned his representation of a client and involved the client’s son in potentially criminal conduct. Thereafter, he continued to represent the estate knowing that the power of attorney was fraudulent and concealed that fact from members of his firm when consulting them prior to a hearing on the widow’s objections to the administration of the estate.â€In mitigation, Fergus has no discipline record since his 1979 admission to the bar. |