Andrew James Prendiville was admitted to the California Bar 30th May 1980, but has since been disbarred. Andrew graduated from University of San Diego SOL.

Lawyer Information

NameAndrew James Prendiville
First Admitted30 May 1980 (44 years, 11 months ago)
StatusDisbarred
Bar Number93003

Contact

Current Email[email protected]

Schools

Law SchoolUniversity of San Diego SOL (San Diego CA)
Undergraduate SchoolUniversity of California Santa Barbara (CA)

Address

Current AddressPO Box 9074
Newport Beach, CA 92658
Map

History

24 September 2010Disbarred (14 years, 7 months ago)
Disbarment 08-H-10937
20 May 2010Not eligible to practice law in CA (14 years, 11 months ago)
Ordered inactive 08-H-10937
7 November 2000Active (24 years, 6 months ago)
7 May 2000Not eligible to practice law in CA (25 years ago)
Discipline w/actual suspension 95-O-15756
12 March 1997Active (28 years, 1 month ago)
19 February 1997Not eligible to practice law in CA (28 years, 2 months ago)
Suspended, failed to pass Prof.Resp.Exam 93-O-17203
28 August 1996Active (28 years, 8 months ago)
12 August 1996Not eligible to practice law in CA (28 years, 8 months ago)
Admin Inactive/MCLE noncompliance
12 January 1996Discipline, probation; no actual susp. 93-O-17203 (29 years, 3 months ago)
22 February 1995Disciplinary charges filed in State Bar Court 93-O-17203 (30 years, 2 months ago)
22 November 1994Conviction record transmitted to State Bar Court 94-C-14086 (30 years, 5 months ago)
9 November 1994Conviction record transmitted to State Bar Court 94-C-14087 (30 years, 6 months ago)
3 November 1994Conviction record transmitted to State Bar Court 94-C-14088 (30 years, 6 months ago)
30 May 1980Admitted to the State Bar of California (44 years, 11 months ago)

Discipline Summaries

September 24, 2010

ANDREW JAMES PRENDIVILLE [#93003], 58, of Newport Beach was disbarred Sept. 24, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court.

Prendiville sought review of a recommendation by the State Bar Court that he be suspended for two years for failing to comply with conditions attached to a private reproval, but the review department instead recommended his disbarment. The panel said the private reproval was Prendiville’s fourth disciplinary proceeding. For 10 years, he continually misused his client trust account and despite a suspension and completion of trust accounting school (twice), “his ethical transgressions continued. . . . Prendiville’s repeated encounters with attorney discipline have neither rehabilitated him nor deterred him from committing further misconduct,” wrote Judge JoAnn Remke.

The earliest case involved Prendiville’s misdemeanor convictions for battery, abuse of a cohabitant, driving under the influence and other traffic offenses, as well as repeated commingling of personal funds in his trust account, misappropriating client funds and issuing checks against insufficient funds.

The underlying private reproval was imposed in 2004 for repeatedly commingling and failing to maintain client funds in trust. Prendiville did not comply with probation conditions by failing to submit five quarterly reports on time and not submitting other reports at all.

In recommending Prendiville’s disbarment, Remke wrote that his “repetition of misconduct over a prolonged period suggests that he is either ‘unwilling or unable’ to conform his behavior to the rules of professional conduct.”

May 7, 2000

ANDREW JAMES PRENDIVILLE [#93003], 47, of Corona Del Mar was suspended for one year, stayed, placed on three years of probation with an actual six-month suspension, and was ordered to take the MPRE within one year and comply with rule 955. The order took effect May 7, 2000.

Prendiville stipulated to misconduct in seven consolidated matters.

In four of the matters, he wrote numerous checks against his client trust account for payment of personal and business expenses, several against insufficient funds. He stipulated that he commingled personal and client funds.

In two other matters, he allowed the balance in the trust account to fall below what was required.

During the time of the misconduct, Prendiville was the plaintiff in a major civil case and devoted much of his time to the litigation. He failed to withdraw earned fees that accumulated in the trust account and he did not properly reconcile and balance his trust account records.

In another case, Prendiville was retained to file a civil complaint against a hospital for elder abuse and false imprisonment. He failed to timely file the suit and as a result, his clients lost a potential cause of action.

Prendiville also was convicted in 1999 of driving under the influence with two priors and having a blood alcohol level in excess of the legal limit.

Prendiville has a prior record of discipline; he was suspended and placed on probation in 1996.

In mitigation, his misuse of his client trust account ended when he attended ethics school in 1997, and he settled a potential claim for professional negligence in the matter involving elder abuse.

January 12, 1996

ANDREW PRENDIVILLE [#93003], 43, of Dana Point was suspended for one year, stayed, and placed on probation for one year, effective Jan. 12, 1996. He also was ordered to pass the CPRE.

Prendiville's misconduct involved misdemeanor convictions in four separate criminal matters and five separate instances involving commingling, misappropriation of client funds or allowing his client trust account to fall below the required balance.

In April 1994, Prendiville pleaded guilty to driving under the influence and driving without a license. In September 1994, he pleaded guilty to injuring a spouse or cohabitant, and battery. That same month, he pleaded guilty to driving with a suspended license and also driving without a license.

In one of the matters involving client trust account violations, Prendiville issued at least 15 checks for personal expenses and cash from his client trust account. One of the checks deposited to the account was payable to Prendiville and marked "this is a donation to your favorite charity."

Prendiville has been a member of the State Bar for 15 years with no prior record of discipline.