Lake Forest, CA 92630-8827
1 July 2014 | Not eligible to practice law in CA (10 years, 10 months ago) Suspended, failed to pay fees |
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1 July 2014 | Not eligible to practice law in CA (10 years, 10 months ago) Admin Inactive/MCLE noncompliance |
1 March 2014 | Not eligible to practice law in CA (11 years, 2 months ago) Discipline w/actual suspension 11-O-19379 |
1 May 2012 | Disciplinary charges filed in State Bar Court 11-O-19379 (13 years ago) |
16 December 1980 | Admitted to the State Bar of California (44 years, 4 months ago) |
March 1, 2014 JOSE ALBERTO VELASCO [#94407], 59, of Fullerton was suspended for three years, stayed, placed on three years’ probation with an actual two-year suspension and ordered to make restitution, take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect March 1, 2014. A State Bar Court hearing judge initially recommended that Velasco receive a 90-day suspension after finding him culpable of failing to maintain client funds in trust, misappropriation and writing bad checks from his general account. State Bar prosecutors appealed the recommendation, arguing Velasco’s conduct involved moral turpitude and warranted disbarment.A three-judge review panel disagreed with the hearing judge and found Velasco’s misappropriation to be intentional, rather than grossly negligent and said he committed acts of moral turpitude by issuing a multitude of checks against insufficient funds. Nonetheless, the panel found Velasco’s “overall mitigation is compelling and justifies a departure from the presumptive discipline of disbarment.â€Velasco’s disciplinary problems began after the son of a family friend hired him in April 2010 to represent him in a personal injury matter. After Velasco settled the matter in February 2011, he received a check from the defendant’s insurance company for $8,750 which he deposited in his client trust account. He distributed $2,850 to his law firm to cover his fees and $5,560 to his operating account to pay the client’s two medical bills. When Velasco deposited the funds, the account was already overdrawn by $4,909.35 due to 24 bad checks Velasco had written against his account, leaving $650.65 remaining. Following the deposit, Velasco’s account balance repeatedly dropped below the $5,560 needed to pay the client’s bills.Velasco waited five months before attempting to pay the client’s chiropractic bill but the check was not honored due to insufficient funds. He finally paid the bill in full in September 2011 but never provided evidence of having paid the client’s other bill.Velasco was ordered to pay $3,250 plus interest in restitution.In mitigation, Velasco had no prior record of discipline, cooperated with the State Bar, demonstrated good character and has a history of volunteering with numerous community service organizations. |