Case Number(s): 05-O-00457
In the Matter of: Daniel T. Streeter, Jr., Bar # 183703, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Suzan J. Anderson, Bar # 160559,
Counsel for Respondent: Bar #
Submitted to: settlement judge State Bar Court Clerk’s Office Los Angeles
Filed: May 23, 2006
<<not>> checked. PREVIOUS STIPULATION REJECTED
Note: All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.
1. Respondent is a member of the State Bar of California, admitted October 26, 1996.
2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 16 pages, not including the order.
4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."
5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
<<not>> checked. costs added to membership fee for calendar year following effective date of discipline.
checked. costs to be paid in equal amounts prior to February 1 for the following two (2) billing cycles following the effective date of the Supreme Court Order (hardship, special circumstances or other good cause per rule 282, Rules of Procedure.)
<<not>> checked. costs waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. costs entirely waived.
Respondent has been admitted to the State Bar since 1996 and has no record of prior discipline.
Case Number(s): 05-O-00457
In the Matter of: Daniel T. Streeter, Jr. Bar # 183703
<<not>> checked. a. Within days/ months/ years of the effective date of the discipline herein, Respondent must develop a law office management/organization plan, which must be approved by the Office of Probation. This plan must include procedures to (1) send periodic reports to clients; (2) document telephone messages received and sent; (3) maintain files; (4) meet deadlines; (5) withdraw as attorney, whether of record or not, when clients cannot be contacted or located; (6) train and supervise support personnel; and (7) address any subject area or deficiency that caused or contributed to Respondent’s misconduct in the current proceeding.
checked. b. Within days/ months/ 1 years of the effective date of the discipline herein, Respondent must submit to the Office of Probation satisfactory evidence of completion of no less than 6 hours of Minimum Continuing Legal Education (MCLE) approved courses in law office management, attorney client relations and/or general legal ethics. This requirement is separate from any MCLE requirement, and Respondent will not receive MCLE credit for attending these courses (Rule 3201, Rules of Procedure of the State Bar.)
<<not>> checked. c. Within 30 days of the effective date of the discipline, Respondent must join the Law Practice Management and Technology Section of the State Bar of California and pay the dues and costs of enrollment for year(s). Respondent must furnish satisfactory evidence of membership in the section to the Office of Probation of the State Bar of California in the first report required.
Case Number(s): 05-O-00457
In the Matter of: Daniel t. Streeter, Jr. Bar # 183703
a. Restitution
checked. Respondent must pay restitution (including the principal amount, plus interest of 10% per annum) to the payee(s) listed below. If the Client Security Fund (“CSF”) has reimbursed one or more of the payee(s) for all or any portion of the principal amount(s) listed below, Respondent must also pay restitution to CSF in the amount(s) paid, plus applicable interest and costs.
1. Payee: Mr. and Mrs. Peter Perotti
Principal Amount: $903.00
Interest Accrues From: 12/13/2002
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
<<not>> checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than 9 months after the effective date of the Supreme Court Order in this matter.
<<not>> checked. Respondent must pay the above-referenced restitution on the payment schedule set forth below. Respondent must provide satisfactory proof of payment to the Office of Probation with each quarterly probation report, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation (or period of reproval), Respondent must make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full.
1. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
2. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
<<not>> checked. If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
checked.
1. If Respondent possesses client funds at any time during the period covered by a required quarterly report, Respondent must file with each required report a certificate from a certified public accountant or other financial professional approved by the Office of Probation, certifying that:
a. Respondent has maintained a bank account in a bank authorized to do business in the State of California, at a branch located within the State of California, and that such account is designated as a “Trust Account” or “Clients’ Funds Account”;
b. Respondent has kept and maintained the following:
i. A written ledger for each client on whose behalf funds are held that sets forth:
1. the name of such client;
2. the date, amount and source of all funds received on behalf of such client;
3. the date, amount, payee and purpose of each disbursement made on behalf of such client; and,
4. the current balance for such client.
ii. a written journal for each client trust fund account that sets forth:
1. the name of such account;
2. the date, amount and client affected by each debit and credit; and,
3. the current balance in such account.
iii. all bank statements and cancelled checks for each client trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and (iii), above, and if there are any differences between the monthly total balances reflected in (i), (ii), and (iii), above, the reasons for the differences.
c. Respondent has maintained a written journal of securities or other properties held for clients that specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property; and,
v. the person to whom the security or property was distributed.
2. If Respondent does not possess any client funds, property or securities during the entire period covered by a report, Respondent must so state under penalty of perjury in the report filed with the Office of Probation for that reporting period. In this circumstance, Respondent need not file the accountant’s certificate described above.
3.
The requirements
of this condition are in addition to those set forth in rule 4-100, Rules of
Professional Conduct.
checked. Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
IN THE MATTER OF: DANIEL T. STREETER, JR.
CASE NUMBER(S): 05-0-00457
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he/she is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
COUNT ONE
FACTS
1. On or about June 21, 2002, Peter Perotti ("Mr. Perotti") employed Respondent to represent him and his wife ("Mrs. Perotti") in a personal injury matter. Respondent agreed to represent Mr. and Mrs. Perotti for a 33% contingency fee.
2. In or about December 2002, Respondent settled Mr. Perotti’s personal injury case for $14,000 and Mrs. Perotti’s personal injury case for $4,000. As Mr. and Mrs. Perotti were concerned that the settlement would not cover all the medical bills, Respondent volunteered to reduce his fees to approximately 21.5% and persuaded the medical providers to reduce their costs, in order to provide the Perottis with a more acceptable settlement. Mr. and Mrs. Perotti approved a disbursement of the $18,000 which authorized Respondent to take $3,935 as his fees, to pay $8,598.33 to various medical providers and to pay the remaining $5,466.67 to Mr. and Mrs. Perotti.
3. On or about December 13, 2002, Respondent deposited the settlement draft into his client trust account at Bank of America, account number 16649-09975 ("Respondent’s CTA").
4. On or about December 13, 2002, Respondent’s CTA cheek number 995, written to Respondent in the amount of $3,935 for attorneys fees, cleared Respondent’s CTA.
5. On or about December 16, 2002, Respondent’s CTA check number 994, written to Mr. and Mrs. Perotti in the amount of $5,466.67 for their settlement funds, cleared Respondent’s CTA.
6. On or about December 19, 2002, Respondent’s CTA check number 996, written to Network Diagnostic in the amount of $3,200 on behalf of Mr. Perotti, cleared Respondent’s CTA.
7. On or about December 19, 2002, Respondent’s CTA check number 998, written to Good Shape Clinic in the amount of $1,333.33 on behalf of Mrs. Perotti, cleared Respondent’s CTA.
8. On or about December 31, 2002, Respondent’s CTA check number 999, written to Orthopedic Care Center in the amount of $708 on behalf of Mr. and Mrs. Perotti, cleared
Respondent’s CTA.
9. On or about January 3, 2003, Respondent’s CTA check number 997, written to Valley Care Center in the amount of $1,669 on behalf of Mr. and Mrs. Perotti, cleared Respondent’s CTA.
10. According to the disbursement authorized by Mr. and Mrs. Perotti, Respondent was required to maintain the amounts payable to the medical providers in Respondent’s CTA until the medical providers were paid.
11. On or about December 31, 2002, subsequent to Respondent paying himself $3,935, Mr. and Mrs. Perotti $5,466.67, Network Diagnostic $3,200, Good Shape Clinic $1,333.33, Orthopedic Care Center $708 and Valley Care Center $1,669, Respondent was required to maintain $1,688 in Respondent’s CTA until he paid the remainder of the medical providers on behalf of Mr. and Mrs. Perotti.
12. On or about December 31, 2002, prior to any further payments to medical providers on behalf of Mr. and Mrs. Perotti, the balance in Respondent’s CTA fell to $1,283.22. On or about February 20, 2003, prior to any further payments to medical providers on behalf of Mr. and Mrs. Perotti, the balance in Respondent’s CTA fell to $33.22.
CONCLUSIONS OF LAW
By not maintaining at least $1,688 on behalf of Mr. and Mrs. Perotti in Respondent’s CTA until payment was made to Mr. and Mrs. Perotti’s medical providers, Respondent failed to maintain client funds in trust in wilful violation of Rules of Professional Conduct, rule 4-100(A).
COUNT TWO
FACTS
13. The stipulated facts of paragraphs 1 through 12 are incorporated by reference.
14. On or about December 31, 2002, RS Medical received Respondent’s CTA check in the amount of $700 on behalf of Mr. and Mrs. Perotti. RS Medical did not negotiate the check for at least three months.
15. On or about March 28, 2003, Respondent telephoned RS Medical and informed them that since they had not negotiated his CTA check from December 2002, he was going to put a stop payment on that check and issue them a new check.
16. On or about July 29, 2003, October 14, 2003, March 15, 2003 and March 24, 2003, RS Medical telephoned Respondent regarding the replacement check that they had not received. Each time, RS Medical was only able to leave a message for Respondent concerning the replacement check and requested a call back from Respondent. Respondent only returned approximately two (2) of RS Medical’s telephone messages.
17. On or about March 16, 2004, RS Medical sent a letter to Mr. and Mm. Perotti requesting contact from them as Respondent had not sent a replacement cheek for their medical treatment.
18. In or about April 2004, Mr. Perotti contacted Respondent and threatened to report him to the State Bar as he had not paid his and Mrs. Perotti’s medical bills at RS Medical. Respondent informed Mr. Perotti that he would take care of it.
19. On or about April 14, 2004, Respondent wrote a letter to Mr. and Mrs. Perotti informing them that he was responsible for the RS Medical bill payment and sent a copy to RS Medical.
20. On or about April 20, 2004, RS Medical received a voicemail message from Respondent informing them that he was sending a letter to them explaining the delay with the check for Mr. and Mr. Perotti’s medical bill.
21. On or about April 29, 2004, August 24, 2004 and November 15, 2004, RS Medical telephoned Respondent regarding the check for the payment of Mr. and Mrs. Perotti’s medical bills. Each time, RS Medical was only able to leave a message for Respondent concerning the check and requesting a call back from Respondent. Respondent only returned approximately two (2) of RS Medical’s telephone messages.
22. On or about December 1, 2004, RS Medical sent a letter to Respondent at his State Bar membership records address requesting contact as they had not received the check for Mr. and Mrs. Perotti’s medical bills. Respondent did not respond to the letter.
23. On or about December 21, 2004, RS Medical sent a letter to Mr. Perotti informing him that he was responsible for the payment of the medical bills. Mr. Perotti immediately
telephoned Respondent and left a message regarding the letter from RS Medical. Respondent did not promptly respond to Mr. Perotti’s telephone call.
24. On or about December 22, 2004, Respondent telephoned RS Medical and explained that he was responsible for the payment for Mr. and Mrs. Perotti and that he would send a check in January 2005.
25. On or about January 19, 2005, Mr. Perotti received a bill from RS Medical for his
and Mrs. Perotti’s medical treatment for $635. Mr. Perotti immediately telephoned Respondent and left a message for Respondent regarding the bill and requested a call back from Respondent. Respondent did not promptly respond to Mr. Perotti’s telephone call.
26. On or about January 25, 2005, Respondent telephoned RS Medical and inquired as to why they were contacting Mr. Perotti, that Respondent would send them a check on behalf of Mr. and Mrs. Perotti by February 4, 2005.
27. On or about February 25, 2005, Respondent sent a cashier’s check in the amount of
$350 to RS Medical as a "good faith payment" on the Perotti’s balance to be paid.
28. On March 14, 2005, Respondent sent another cashier’s check in the amount of $285 to RS Medical as full and final payment of the Perotti’s medical bills.
29. In the latter part of March 2005, Mrs. Perotti advised Respondent that Advanced
Professional Imaging had not been paid from the settlement funds, with respect to her case, although it had received payment for the costs incurred on Mr. Perotti’s case. Respondent immediately telephoned Advanced Professional Imaging and thereupon sent a check from his general account to Advanced Professional Imaging for $150 in full and final payment of Mrs. Perotti’s medical bill.
CONCLUSIONS OF LAW
By failing to pay Mr. and Mrs. Perotti’s settlement funds to RS Medical and Advanced
Professional Imaging for over three years from receipt and deposit of the settlement funds into Respondent’s CTA, Respondent failed to promptly pay client funds as requested by his clients in wilful violation of Rules of Professional Conduct, rule 4-100(B)(4).
COUNT THREE
FACTS
30. The stipulated facts of paragraphs l through 12 an 13 through 29 are incorporated by reference.
31. Although Respondent received the messages from Mr. Perotti and from RS Medical
on behalf of Mr. and Mrs. Perotti, Respondent did not promptly respond to his client’s telephone calls and all of RS Medical’s telephone calls.
CONCLUSIONS OF LAW
By failing to respond to reasonable status inquiries of his client and those made on behalf of his client, Respondent failed to respond promptly to reasonable status inquiries of his client in wilful violation of Business and Professions Code section 6068(m).
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph A.(7), was April 12, 2006.
SIGNATURE OF THE PARTIES
Case Number(s): 05-O-00457
In the Matter of: Daniel T. Streeter, Jr. Member #: 183703
By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Daniel T. Streeter, Jr.
Date: 05/02/06
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Suzan J. Anderson
Date: 5/5/06
Case Number(s): 05-O-00457
In the Matter of: Daniel T. Streeter, Jr. Member #: 183703
Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any, is GRANTED without prejudice, and:
checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
<<not>> checked. All Hearing dates are vacated.
The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation. (See rule 135(b), Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 953 (a), California Rules of Court.)
Signed by:
Judge of the State Bar Court: Robert M. Talcott
Date: 5-22-06
[Rule 62(b), Rules Proc.; Code Civ. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on , I deposited a true copy of the following document(s):
in a sealed envelope for collection and mailing on that date as follows:
checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
DANIEL T. STREETER, JR., ESQ.
LAW OFC DANIEL T. STREETER JR.
137 N LARCHMONT BLVD #500
LOS ANGELES CA 90004
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
SUZAN ANDERSON, A/L, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on May 23, 2006.
Signed by:
Rose M. Luthi
Case Administrator
State Bar Court