Fresno, CA 93721-2011
10 May 2013 | Active (12 years, 1 month ago) |
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10 March 2012 | Not eligible to practice law in CA (13 years, 3 months ago) Actual Suspension Delayed 11-O-12864 |
29 February 2012 | Probation with conditions 11-O-12864 (13 years, 3 months ago) |
2 June 2011 | Disciplinary charges filed in State Bar Court 11-O-12864 (14 years ago) |
14 January 2009 | Active (16 years, 5 months ago) |
22 October 2008 | Not eligible to practice law in CA (16 years, 8 months ago) Discipline w/actual suspension 03-O-00177 |
14 January 2008 | Not eligible to practice law in CA (17 years, 5 months ago) Ordered inactive 00-O-11344 |
14 March 2000 | Active (25 years, 3 months ago) |
25 February 2000 | Not eligible to practice law in CA (25 years, 3 months ago) Suspended, failed to pass Prof.Resp.Exam 97-O-10268 |
23 January 1999 | Discipline, probation; no actual susp. 97-O-10268 (26 years, 5 months ago) |
9 August 1995 | Public reproval with/duties 92-O-13946 (29 years, 10 months ago) |
16 December 1980 | Admitted to the State Bar of California (44 years, 6 months ago) |
March 10, 2012 CHARLES MARTIN BARRETT [#94800], 56, of Sacramento was suspended for four years, stayed, placed on five years of probation with an actual 14-month suspension, and he was ordered to prove his rehabilitation, take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect March 10, 2012. Barrett violated the terms of a 2008 probation by filing six quarterly reports late and failing to make restitution promptly. He has since made restitution payments.The underlying discipline was Barrett’s fourth and was imposed after he stipulated to misconduct in eight matters, including failures to perform legal services competently, communicate with clients or refund unearned fees, and he committed acts of moral turpitude. He also was privately reproved in 1994, publicly reproved in 1995, and received a stayed suspension in 1999.In mitigation, he cooperated with the bar’s investigation and has been dealing with severe medical difficulties and serious financial problems. He has participated in the Alternative Discipline Program.October 22, 2008 CHARLES M. BARRETT [#94800], 53, of Sacramento was suspended for three years, stayed, placed on three years of probation with a one-year actual suspension, and was ordered to prove his rehabilitation, make restitution of more than $75,000 to five clients and comply with rule 9.20. Credit will be given for a period of involuntary inactive enrollment that began Jan. 14, 2008. The order took effect Oct. 22, 2008. Barrett stipulated to misconduct in eight client matters, including failure to perform legal services competently, communicate with clients, return client files, refund unearned fees and make restitution of more than $25,000 to a client, and he committed acts of moral turpitude, appeared without authority and violated probation conditions of an earlier discipline. Barrett’s misconduct occurred between January 1996 and 2003. He entered into the stipulation in 2003, was accepted into the Alternative Discipline Program the following year and completed it in 2008, when he voluntarily went inactive to serve a one-year suspension.In a civil matter, for example, Barrett filed a complaint but failed to notify his client that the defendants filed a cross-complaint. Barrett filed an answer without telling the client, nor did he notify the client of a motion to compel answers to interrogatories. The court dismissed the complaint and entered a default judgment against Barrett’s client for $57,500. Rather that telling the client the truth, Barrett said he won the case on a default judgment. Several months later, he admitted the case was dismissed.A $140,000 malpractice judgment against Barrett was discharged in bankruptcy.In another matter, a couple hired Barrett to try to prevent foreclosure on their home. Although he obtained a temporary restraining order, the defendants filed a motion for summary judgment that was granted when Barrett did nothing to oppose it. The complaint was dismissed, but Barrett told the clients their case was still pending. He only admitted the case was dismissed when the clients learned about it from another source. The clients lost their home.In a 1999 disciplinary order, Barrett was required to make restitution to two clients for more than $25,000 plus interest but failed to do so.Barrett was disciplined three times previously: a private reproval in 1994 for failing to perform competently and improperly withdrawing from representation; a public reproval in 1995 for failing to perform competently or communicate with clients; and probation and a stayed suspension in 1999 for the same violations. In the final matter, he was ordered to make restitution of $28,078 plus interest to two clients. Causes of action were lost in two matters and the client’s family home was lost in the third matter. Barrett also discharged a malpractice judgment of $140,000 through bankruptcy in one of the client matters and failed to pay any of the more than $25,000 in restitution owed to one of his former clients, as ordered by the Supreme Court.In mitigation, Barrett has been enrolled in the Lawyer Assistance Program since 2003 as a result of dependency on prescription drugs and alcohol. He has been sober since January 2002. |