Carmichael, CA 95608
18 August 2012 | Disbarred (11 years, 8 months ago) Disbarment 10-O-06599 |
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8 March 2012 | Not eligible to practice law in CA (12 years, 1 month ago) Ordered inactive 10-O-06599 |
21 September 2011 | Disciplinary charges filed in State Bar Court 10-O-06599 (12 years, 7 months ago) |
26 April 1999 | Active (25 years ago) |
13 March 1999 | Not eligible to practice law in CA (25 years, 1 month ago) Actual Suspension Delayed 95-O-10916 |
31 December 1998 | Active (25 years, 4 months ago) |
30 December 1998 | Not eligible to practice law in CA (25 years, 4 months ago) |
30 December 1998 | Probation with conditions 95-O-10916 (25 years, 4 months ago) |
26 August 1997 | Disciplinary charges filed in State Bar Court 95-O-10916 (26 years, 8 months ago) |
29 November 1979 | Admitted to the State Bar of California (44 years, 5 months ago) |
August 18, 2012 JOHN CHAUNCEY HAYES, 59, of Carmichael was disbarred Aug. 18, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Hayes committed seven acts of misconduct in a child support matter, failing to pay his client's child support arrears for several years. He was hired after the client won a default judgment of $132,443.43. She also had sold a piece of property that was the subject of a dispute with her husband; the title company held a check for $139,846.55 in escrow until the dispute was resolved.Hayes received more than $142,000 from the California Department of Child Support Services but allowed the balance in his client trust account to drop below that amount. He gave the client $20,000 that he said represented 10 months rent her husband had not paid. Other than that, he gave the client no money and his trust account balance fell to $4.80. A year later, Hayes told the client he could not release the remaining money without a court order and he unilaterally withdrew fees from entrusted funds. He ultimately claimed the client owed him nearly $120,000 in fees and costs. The bar court calculated that Hayes owes his client $34,977 and ordered him to make restitution of that amount.It found that Hayes failed to maintain client funds in trust, account for client funds, return a file and communicate with his client, and he made misrepresentations to his client and misappropriated $122,411, committing acts of moral turpitude. He “flagrantly breached his fiduciary duties,†wrote Judge Pat McElroy, adding that he took more money from his trust account than he earned.Hayes was suspended in 1998 for failing to maintain funds in a trust account, avoid the representation of adverse interests, promptly pay client funds or cooperate with the bar’s investigation.Hayes received limited mitigation for extreme emotional and physical difficulties and for acting in good faith. |