Los Angeles, CA 90046
18 July 2004 | Disbarred (20 years, 9 months ago) Disbarment 02-O-10495 |
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9 February 2004 | Not eligible to practice law in CA (21 years, 2 months ago) Ordered inactive 02-O-10495 |
18 December 2003 | Not eligible to practice law in CA (21 years, 4 months ago) Discipline w/actual suspension 01-O-04515 |
2 November 2003 | Not eligible to practice law in CA (21 years, 6 months ago) Ordered inactive 02-O-10495 |
18 August 2003 | Not eligible to practice law in CA (21 years, 8 months ago) Suspended/Child & Fam Supp noncompliance |
27 June 2003 | Disciplinary charges filed in State Bar Court 02-O-10495 (21 years, 10 months ago) |
20 March 2003 | Not eligible to practice law in CA (22 years, 1 month ago) Ordered inactive 02-H-13621 |
4 October 2002 | Disciplinary charges filed in State Bar Court 02-H-13621 (22 years, 7 months ago) |
3 October 2002 | Not eligible to practice law in CA (22 years, 7 months ago) Ordered inactive 01-O-04515 |
16 September 2002 | Not eligible to practice law in CA (22 years, 7 months ago) Suspended, failed to pay fees |
28 June 2002 | Disciplinary charges filed in State Bar Court 01-O-04515 (22 years, 10 months ago) |
7 June 2001 | Public reproval with/duties 00-O-13812 (23 years, 11 months ago) |
30 May 1980 | Admitted to the State Bar of California (44 years, 11 months ago) |
July 18, 2004 MELVYN CHARLES EMBREE [#92622], 50, of Los Angeles was disbarred July 18, 2004. He was ordered to comply with rule 955. In a default proceeding, the State Bar Court found that Embree committed an act of moral turpitude by forging his client’s signature on a declaration and filing it with the court. Embree represented the client in a real estate and contract matter and the declaration was filed in opposition to a summary judgment motion by the opposing party.The client tried several times to contact Embree before a scheduled trip to Hawaii but was unable to do so. Embree filed the declaration while his client was away.In another case, Embree filed an appeal on his client’s behalf and submitted an application for extension of time in which he falsely stated he had to travel out of California to handle some business for his mother. He was not out of the state during the time in question.Committing acts of moral turpitude is grounds for disbarment.Embree did not cooperate with the bar’s investigation.He was suspended last year after a default proceeding in which the bar court found that he failed to perform legal services competently, communicate with a client, return client papers or cooperate with the bar’s investigation, and he abandoned a client. He also was publicly reproved in 2001 but did not comply with probation conditions.In recommending Embree’s disbarment, Judge Alban Niles wrote, Embree “has demonstrated his contemptuous attitude toward disciplinary proceedings as well as his failure to comprehend the duty of an officer of the court to participate.â€December 18, 2003 MELVYN CHARLES EMBREE [#92622], 49, of Los Angeles was suspended for 18 months, stayed, actually suspended for six months and until he attends ethics school and the State Bar Court grants a motion to terminate the suspension, and was ordered to take the MPRE and comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Dec. 18, 2003. In a default proceeding, the bar court found that Embree failed to perform legal services competently, communicate with a client, return client papers or cooperate with the bar’s investigation, and he improperly withdrew from employment in a civil case.Although he filed an answer and a cross-complaint on behalf of his defendant client, he did not file a mandatory settlement conference brief and was sanctioned. The parties reached agreement, with the plaintiff required to provide Embree’s client with an accounting relating to real property they owned. They also agreed to request binding arbitration to resolve remaining issues.The cases were dismissed when the parties agreed to go to arbitration. However, Embree did not take any action to enforce the original stipulation, to require the plaintiff to produce an accounting or to take her deposition. He did not provide his client with the arbitration brief, as she asked. When he did not file a brief or prepare for the arbitration, the client fired him, requested a refund of unearned fees, a return of her file and a substitution of attorney.The file included the client’s notes based on her review of more than 3,000 pages of documents the plaintiff had produced. The client was able to obtain a copy of the file from the plaintiff’s attorney (at a cost of $374), but could not retrieve her notes from Embree. He also never signed a substitution of attorney form or refunded unearned fees. Over the course of his representation, he did not respond to at least 36 letters from his client.Embree also was publicly reproved in 2001, but did not comply with conditions of his probation. |