Stockton, CA 95204-0666
27 November 2012 | Active (12 years, 6 months ago) |
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28 September 2012 | Not eligible to practice law in CA (12 years, 8 months ago) Discipline w/actual suspension 11-O-14511 |
21 December 2011 | Disciplinary charges filed in State Bar Court 11-O-14511 (13 years, 5 months ago) |
2 June 1980 | Admitted to the State Bar of California (45 years ago) |
September 28, 2012 MARC JULES BOURGET, 62, of Stockton was suspended for one year, stayed, placed on two years of probation with an actual 60-day suspension and he was ordered to take the MPRE. The order took effect Sept. 28, 2012. Bourget stipulated to seven counts of misconduct in two matters.He took a contingency fee case from a client who believed she had purchased a defective car and wanted Bourget to investigate a claim for fraud and prosecute the claim if possible. Bourget took no substantive action, never filed suit and did not return his client’s file. He stipulated that he failed to perform legal services competently or return a file.In another case, Bourget represented the defendant in a civil matter involving a dispute over a residential property. When the property was sold, Bourget received a check for $117,484.25 as the proceeds from the sale and deposited the money into a certificate of deposit he owned instead of a client trust account. He later transferred the money into his trust account, but for three years did not put the funds into a special trust account that earns interest for the clients, as ordered by the court.Bourget failed to account for the funds to the opposing party and her lawyer, disobeyed court orders and failed to perform legal services competently.In mitigation, he has no prior discipline record, cooperated with the bar’s investigation and was involved in litigation with family members. |