Sunday, May 07, 2017

Another California Attorney Loses Law License For Fleecing Two Clients Out Of $425K+ As State Bar Stays Busy Booting Sleazy Lawyers

In Los Angeles, California, the Northern California Record reports:
  • James Lyston Evertts, a Campbell attorney, was recently disbarred by the State Bar Court of California for multiple acts of misconduct in two client matters.

    The court issued its ruling on February 10.

    In the first client matter, the attorney was charged with nine counts of misconduct beginning with the collection of $8,900 in “illegal and advanced fees.” Evertts also allegedly failed to preform legal services for the client before the legal matter was settled. Evertts was charged with improperly withdrawing from representation, failing to adequately respond to client requests for case status and failing to take reasonable steps to prevent prejudice.

    Evertts did not return unearned fees, failed to keep his client trust balance and misappropriated client funds. He was also charged with not responding to the state bar’s notice of disciplinary charges (NDC) and not updating his mailing address with the state bar.

    The second matter originated in 2012 when Evertts was hired to represent a client in a trust matter. Evertts improperly withdrew from the case, failed to take reasonable actions to prevent prejudice against his client and did not respond in a timely manner to client requests for updates on the case's status. Additionally, the attorney failed to maintain his client trust account at $530,034.97 and misappropriated $425,000. He was also charged with not responding to the NDC and for not updating his address in this matter.

    Evertts was disbarred and ordered to pay $434,238.88 plus interest in restitution.(1)
Source: Campbell attorney disbarred for misappropriating $425,000 in client funds.
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(1) The California State Bar's Client Security Fund is a discretionary fund that can reimburse clients who have lost money or property due to theft or dishonesty by a California lawyer. It is a State Bar program funded entirely by California lawyers. The amount the fund may reimburse for theft committed by a California lawyer depends on when the loss occurred. A maximum of $50,000 is reimbursable if the loss occurred before January 1, 2009. A maximum of $100,000 is reimbursable if the loss occurred on or after January 1, 2009.

For similar "attorney ripoff reimbursement funds" that sometimes help cover the financial mess created by the dishonest conduct of lawyers licensed in other states and Canada, see:
Maps available courtesy of The National Client Protection Organization, Inc.