Santa Monica, CA 90403
11 September 2005 | Disbarred (19 years, 7 months ago) Disbarment 04-N-14578 |
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1 April 2005 | Not eligible to practice law in CA (20 years, 1 month ago) Ordered inactive 04-N-14578 |
18 December 2004 | Not eligible to practice law in CA (20 years, 4 months ago) Ordered inactive 04-N-14578 |
2 November 2004 | Disciplinary charges filed in State Bar Court 04-N-14578 (20 years, 6 months ago) |
18 June 2004 | Not eligible to practice law in CA (20 years, 10 months ago) Discipline w/actual suspension 03-PM-04401 |
7 February 2004 | Not eligible to practice law in CA (21 years, 2 months ago) Ordered inactive 03-PM-04401 |
11 July 2002 | Active (22 years, 10 months ago) |
12 May 2002 | Not eligible to practice law in CA (22 years, 12 months ago) Discipline w/actual suspension 98-O-02754 |
28 June 2001 | Disciplinary charges filed in State Bar Court 98-O-02754 (23 years, 10 months ago) |
29 May 1981 | Admitted to the State Bar of California (43 years, 11 months ago) |
September 11, 2005 JOSEPH MARIOTT HARTLEY [#97610], 52, of Santa Monica was disbarred Sept. 11, 2005, and was ordered to comply with rule 955. Hartley failed to comply with rule 955, as required by a 2004 probation revocation. He did not file with the Supreme Court an affidavit stating that he notified his clients and other pertinent parties of his suspension.He originally was disciplined in 2002 for failing to comply with a court order or keep a client informed of significant developments in the case, seeking to mislead a judge and committing an act of moral turpitude.Hartley did not participate in the disbarment proceedings.June 18, 2004 JOSEPH MARIOTT HARTLEY [#97610], 51, of Santa Monica probation was revoked, the stay of suspension was lifted and he was actually suspended for one year and was ordered to comply with rule 955. Credit shall be given for a period of involuntary inactive enrollment that began Feb. 7, 2004. The order took effect June 18, 2004. Hartley was disciplined in 2002 for failing to comply with a court order or keep the client informed of significant developments in the case, seeking to mislead a judge and committing an act of moral turpitude. He did not comply with probation conditions: he failed to submit two quarterly probation reports, review the probation with his monitor, or submit proof of attendance at ethics school, completion of 10 hours of approved MCLE classes or evidence of monthly medical treatment.May 12, 2002 JOSEPH MARRIOTT HARTLEY [#97610], 49, of Santa Monica was suspended for one year, stayed, placed on three years of probation with an actual 90-day suspension, and was ordered to take the MPRE within one year. The order took effect May12, 2002. Hartley substituted in to a breach of contract action. The contract had been the subject of a previous action which had settled, but the matter had not been clarified with the county recorder.Opposing counsel suggested to Hartley that the litigation be resolved by a stipulation, extinguishing the previously recorded document which formed the basis of the suit. He also indicated legal action might be taken if the matter were not dismissed.Without consulting his clients, Hartley moved to dismiss the case.Opposing counsel said a dismissal was not acceptable because of the cloud over the title, and again asked for a stipulation. Hartley told the other attorney to prepare the stipulation and he would explain it to his client.The following day, the court clerk inquired about the status of the matter and Hartley told her a settlement had been reached and authorized the clerk to take the matter off calendar. When he received the proposed stipulation from the other lawyer by fax, he retyped it, incorporated a photocopy of his client's signature and delivered the signature page to the other attorney. When told the signature needed to be original, Hartley said he would provide an original signature later. Hartley never consulted with his client about any of his actions and stipulated that he committed an act of moral turpitude.Hartley and the opposing counsel later appeared in court, after Hartley's client had failed to appear at a previous hearing because he didn't know about it. When he did appear, Hartley did not disclose the circumstances surrounding the stipulation. At a later hearing, he indicated the client was prepared to re-sign the stipulation. In fact, the client didn't know about the stipulation and was not prepared to re-sign it. Hartley stipulated that he sought to mislead the court twice and he failed to keep his client apprised of developments in his case. He also failed to obey a court order by not appearing at a hearing.In mitigation, Hartley has no record of discipline since his 1981 admission to the bar, he had serious financial problems, his father was terminally ill and died, and he ultimately suffered from depression and anxiety. He paid a substantial amount of compensation to the client. |