Oakland, CA 94610
15 September 2012 | Disbarred (12 years, 7 months ago) Disbarment 09-N-10796 |
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25 March 2012 | Not eligible to practice law in CA (13 years, 1 month ago) Ordered inactive 09-N-10796 |
28 May 2011 | Not eligible to practice law in CA (13 years, 11 months ago) Ordered inactive 09-N-10796 |
28 March 2011 | Disciplinary charges filed in State Bar Court 09-N-10796 (14 years, 1 month ago) |
20 May 2009 | Not eligible to practice law in CA (15 years, 11 months ago) Vol.inactive(tender of resign.w/charges) 09-Q-12472 |
12 September 2008 | Not eligible to practice law in CA (16 years, 7 months ago) Discipline w/actual suspension 03-O-04796 |
21 June 2004 | Disciplinary charges filed in State Bar Court 03-O-04796 (20 years, 10 months ago) |
28 February 1999 | Active (26 years, 2 months ago) |
30 December 1998 | Not eligible to practice law in CA (26 years, 4 months ago) Discipline w/actual suspension 95-C-12569 |
8 May 1997 | Conviction record transmitted to State Bar Court 95-C-12569 (28 years ago) |
6 October 1993 | Active (31 years, 7 months ago) |
9 July 1993 | Not eligible to practice law in CA (31 years, 10 months ago) Discipline w/actual suspension 90-O-14755 |
27 July 1992 | Disciplinary charges filed in State Bar Court 90-O-17681 (32 years, 9 months ago) |
8 April 1991 | Disciplinary charges filed in State Bar Court 90-O-14755 (34 years, 1 month ago) |
16 December 1980 | Admitted to the State Bar of California (44 years, 4 months ago) |
September 15, 2012 CHARLA RAE DUKE, 61, of Oakland was disbarred Sept. 15, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court. Duke’s default was entered in May 2011 after she was charged with failing to comply with the probation conditions of an earlier disciplinary order. She did not comply with rule 9.20 by failing to file with the State Bar Court a declaration that she notified her clients, opposing counsel and other interested parties of her suspension from practice. She was disbarred under rule 5.85 of the bar’s Rules of Procedure for failing to act within 180 days to have the default set aside. She has a prior discipline record and the Client Security Fund has one pending claim for reimbursement.In the underlying matter, Duke stipulated that she commingled client and personal funds, failed to preserve the identity of client funds, and bounced checks. Her attempt to resign her license was rejected by the Supreme Court.In 1993, she was disciplined for misconduct in three matters, including failures to deposit client funds in a trust account, promptly refund unearned fees, return a client file or communicate with a client and she withdrew from a case without taking steps to protect her client’s interests. In 1998, she was disciplined for a conviction for failing to file tax returns for three years.September 12, 2008 CHARLA RAE DUKE [#95518], 57, of Oakland was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until she proves her rehabilitation and she was ordered to take the MPRE and comply with rule 9.20. The order took effect Sept. 12, 2008. After stipulating to trust accounting violations, Duke was accepted in 2006 as a participant in the State Bar’s Alternative Discipline Program for lawyers with mental health or substance abuse problems. However, she was terminated from the program for failing to comply with its requirements. The bar alleged she did not cooperate with its investigation of two pending complaints against her and she did not appear at a hearing on the matter.In the underlying discipline, Duke admitted to three violations of professional misconduct involving her client trust account, including failing to preserve the identity of client funds, commingling personal and client funds and issuing insufficiently funded checks.Over several months in 2003, Duke deposited settlement funds for eight clients in her trust account, but instead of keeping the funds there for the individual clients, she used the funds of some clients to pay disbursals to or on behalf of other clients. She also deposited 10 checks from non-clients into the account, wrote more than 250 checks for non-client related purposes and wrote 15 checks against insufficient funds.She has two prior disciplines, including a 1998 suspension for failing to file income tax returns.Although she was accepted into the ADP after the court found she suffered from depression and serious health issues, her termination from the program meant she received no mitigation. |