Daniel Patrick Whaley was admitted to the California Bar 1st December 1981, but is now resigned. Daniel graduated from McGeorge SOL University of the Pacific.

Lawyer Information

NameDaniel Patrick Whaley
First Admitted1 December 1981 (43 years, 5 months ago)
StatusResigned
Bar Number99577

Contact

Current Email[email protected]
Phone Number916-775-1470
Fax Number916-775-1473

Schools

Law SchoolMcGeorge SOL University of the Pacific (CA)
Undergraduate SchoolUniversity of California Berkeley (Berkeley CA)

Address

Current AddressPO Box 128
Hood, CA 95639
Map

History

20 May 2007Resigned (17 years, 11 months ago)
Resignation with charges pending 07-Q-11072
23 March 2007Not eligible to practice law in CA (18 years, 1 month ago)
Vol.inactive(tender of resign.w/charges) 07-Q-11072
30 November 2006Disciplinary charges filed in State Bar Court 06-O-14932 (18 years, 5 months ago)
18 May 2006Not eligible to practice law in CA (18 years, 11 months ago)
Discipline w/actual suspension 00-O-12203
14 July 2005Disciplinary charges filed in State Bar Court 05-O-00076 (19 years, 9 months ago)
28 March 2005Disciplinary charges filed in State Bar Court 05-J-00839 (20 years, 1 month ago)
26 January 2005Disciplinary charges filed in State Bar Court 00-O-12203 (20 years, 3 months ago)
1 December 1981Admitted to the State Bar of California (43 years, 5 months ago)

Discipline Summaries

May 18, 2006

DANIEL PATRICK WHALEY [#99577], 50, of Hood was suspended for two years, stayed, placed on three years of probation with an 18-month actual suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 955. The order took effect May 18, 2006.

Whaley stipulated to misconduct in three matters.

In the first, he commingled personal and client funds in his client trust account, wrote checks against insufficient funds in the account and provided advances for clients’ personal expenses from the account funds.

Whaley was suspended from practice by the Ninth Circuit Court of Appeal after finding that he committed professional misconduct by handling an appellate case without being admitted to practice before the court. He also told the court he could not appear at a hearing because he was at a memorial service, but could not produce proof that such a service had taken place. He did not appear for oral argument and filed a late response to an order to show cause.

The bar court found that he committed acts of moral turpitude and sought to mislead a judge.

In a third matter, Whaley settled a personal injury case for $65,000, but did not maintain complete records of his disbursement of funds. Prior to the client’s death, he had disbursed $22,500 to him.

The administrator of the client’s estate left three telephone messages with Whaley and by letter demanded an accounting and all documentation related to the settlement funds. Whaley did not respond. After the administrator complained to the bar, Whaley gave her a check for $13,240 and claimed that was all that remained of the settlement proceeds. He also provided an accounting, but it did not match the trust account records.

Whaley did not respond to a subsequent request by the client to explain the discrepancies.

He eventually gave the client an additional $6,728.

Whaley stipulated that he committed an act of moral turpitude by allowing the balance in his trust account to fall below the required amount and failed to maintain proper financial records for a client, render accounts or promptly pay out client funds.

In mitigation he has no prior record of discipline.