Woodland Hills, CA 91364-1734
19 July 2015 | Disbarred (9 years, 9 months ago) Disbarment 13-O-13723 |
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12 February 2015 | Not eligible to practice law in CA (10 years, 2 months ago) Ordered inactive 13-O-13723 |
5 April 2014 | Not eligible to practice law in CA (11 years ago) Ordered inactive 13-O-13723 |
21 January 2014 | Disciplinary charges filed in State Bar Court 13-O-13723 (11 years, 3 months ago) |
10 July 1998 | Discipline, probation; no actual susp. 94-O-16522 (26 years, 10 months ago) |
4 August 1997 | Disciplinary charges filed in State Bar Court 97-O-10223 (27 years, 9 months ago) |
21 May 1997 | Disciplinary charges filed in State Bar Court 94-O-16522 (27 years, 11 months ago) |
24 October 1990 | Public reproval with/duties 88-O-11653 (34 years, 6 months ago) |
1 December 1981 | Admitted to the State Bar of California (43 years, 5 months ago) |
July 16, 2015 KENNETH JAY SCHWARTZ [#99548], 61, of Trophy Club, Texas, was disbarred July 16, 2015 and ordered to comply with rule 9.20 of the California Rules of Court. Schwartz failed to respond to a notice of disciplinary charges against him and his default was entered. He did not seek to have the default set aside or vacated within 180 days so the State Bar moved to disbar him under rule 5.85 of the State Bar’s Rules of Procedure.The charges were deemed admitted: Schwartz failed to perform legal services with competence by not filing a bankruptcy petition on behalf of a client. He also failed to return unearned fees, promptly respond to client inquiries or cooperate in a State Bar investigation.He had two prior records of discipline. In 1990, he received a public reproval for failure to perform competently, abandonment, not returning unearned fees and not communicating. In 1998, he was suspended for failure to perform competently, abandonment, not returning unearned fees, not returning client files, not complying with a court order, not cooperating in a disciplinary investigation and not communicating.July 10, 1998 KENNETH JAY SCHWARTZ [#99548], 44, of Woodland Hills was suspended for one year, stayed, placed on two years of probation with conditions including restitution, and was ordered to take the MPRE within one year. The order took effect July 10, 1998. Schwartz stipulated to three counts of failure to perform legal services competently, four counts of failure to communicate with clients, and four counts of failing to cooperate with the bar's investigation.He also abandoned clients, did not promptly release their files or refund unearned fees, and violated his oath and duties as an attorney.The misconduct involved four client matters.A breach of contract case was dismissed when Schwartz did not timely file for arbitration, and an attorney malpractice case was dismissed after he failed to appear at a hearing. He did not re-initiate the matter.He was hired by a couple involved in a bankruptcy proceeding to remove two judicial liens against their residence, but he never took any action to do so.He filed a motion to re-open the Chapter 7 case, and on four different occasions indicated the case would be settled quickly. In fact, he had taken no steps to resolve the issue and knew it would not be resolved in the time he indicated.Schwartz was publicly reproved in 1990 for two instances of failing to perform legal services competently and communicate with clients, and once for not returning a file and improperly withdrawing from representation.In mitigation, he was experiencing family problems at the time of the misconduct, and he cooperated with the bar's investigation. |