Alameda, CA 94502
4 October 2014 | Disbarred (10 years, 7 months ago) Disbarment 12-O-18233 |
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1 July 2014 | Not eligible to practice law in CA (10 years, 10 months ago) Suspended, failed to pay fees |
18 April 2014 | Not eligible to practice law in CA (11 years ago) Ordered inactive 12-O-18233 |
29 October 2013 | Disciplinary charges filed in State Bar Court 12-O-18233 (11 years, 6 months ago) |
29 November 1979 | Admitted to the State Bar of California (45 years, 5 months ago) |
October 4, 2014 MICHAEL EDWARD SCHOLTES [#87695], 67, of Alameda, was disbarred Oct. 4, 2014 and ordered to comply with rule 9.20 of the California Rules of Court and make restitution. Scholtes stipulated to misconduct in one client matter: misappropriation, seeking to mislead a judicial officer and failing to notify a client of the receipt of funds, maintain client funds in his trust account or promptly pay client funds.In 2006, Scholtes was hired to litigate a claim against an estate. In March 2008, the parties entered into a settlement agreement whereby Scholtes’ client was to receive 50 percent of any preliminary or final distribution of the estate. Scholtes repeatedly told opposing counsel and the court that the client was living in Mexico and that he could not reach her, which was untrue, and continued to work on her case and charge her fees. When the client received her settlement checks, he did not contact her, taking out $10,000 for legal fees without her knowledge and misappropriating the rest.In November 2012, the woman’s new attorney sent Scholtes a letter demanding he pay her the $78,565 he owed her. At the time of his stipulation, he had only paid $25,000 back. He was ordered pay $43,565.79 plus interest in restitution.In mitigation, Scholtes had no prior record of discipline and entered into a pretrial stipulation with the State Bar. |