Case Number(s): 07-O-11084
In the Matter of: Terrence P. Goggin, Bar # 43835, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Donald R. Steedman, Bar # 104927,
Counsel for Respondent: Ephraim Margolin, Bar # 32582,
Submitted to: Settlement Judge – State Bar Court Clerk’s Office San Francisco.
Filed: April 1, 2009.
<<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 January 14, 1969.
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 8 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):
checked. Costs are added to membership fee for calendar year following effective date of discipline (public reproval).
<<not>> checked. Case ineligible for costs (private reproval).
<<not>> checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: . (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) 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.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
9. The parties understand that:
<<not>> checked. (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
None.
IN THE MATTER OF: Terrence P. Goggin, State Bar No. 43835
STATE BAR COURT CASE NUMBER: 07-O-11084
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct:
Facts: On August 10, 2005, Most Worshipful Prince Hall Arms, Inc. ("Worshipful") employed respondent to (1) resolve a financial dispute between Worshipful and St. Paul A.M.E. Church, Gregory Harper, Pe’ Harper Development, Inc., and Navigator Escrow (collectively, "defendants"), (2) file and prosecute a lawsuit against defendants for declaratory relief and damages, and (3) eliminate a lien that St. Paul A.M.E. Church had placed on the property of Worshipful. At that time, Worshipful paid respondent $10,000 in advanced attorney fees. Respondent thereafter provided some legal services to Worshipful. In mid-May 2006, and on July 12, 2006, Worshipful requested an accounting of unearned fees from respondent; respondent failed to comply. On August 18, 2006, Worshipful terminated respondent’s services, and again requested an accounting and also the refund of unearned fees; respondent failed to comply. In July 2006, respondent provided an invoice to Worshipful that showed he owed $5500 to Worshipful. When respondent did not pay the amount owing, or provide an accounting, Worshipful again requested a refund and an accounting on September 5, 2006. Respondent failed to provide the accounting or refund until after the intervention of the State Bar.
Conclusions of Law: By failing to refund unearned attorneys promptly to Worshipful upon termination of employment, and until after the intervention of the State Bar, respondent willfully violated rule 3-700(D)(2) of the Rules of Professional Conduct. By falling to provide an accounting to Worshipful upon demand, and until after the intervention of the State Bar, respondent willfully violated rule 4-100(B)(3).
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph A.(7), was February 18, 2009.
AUTHORITIES SUPPORTING DISCIPLINE.
Standards 1.2(e)(i), 1.2(e)(v), 1.6, 2.10 of the Standards for Attorney Sanctions for Professional Misconduct.
MITIGATING CIRCUMSTANCES.
Lack of Prior Discipline: Respondent has no prior record of discipline since being admitted to practice in 1969, which was 40 years ago.
ADDITIONAL MITIGATING CIRCUMSTANCES.
Remorse and Restitution: Although he did not do so until after the intervention of the State Bar, respondent provided the overdue accounting and refunded $5500, plus interest, to the client prior to the date he and his counsel executed this Stipulation.
STATE BAR ETHICS SCHOOL.
Because respondent has agreed to attend State Bar Ethics School as part of this stipulation, respondent may receive Minimum Continuing Legal Education credit upon the satisfactory completion of State Bar Ethics School.
CLIENT SECURITY FUND.
This Stipulation does not stay the independent review and payment of applications for reimbursement filed against the respondent pursuant to the Rules of Procedure, Client Security Fund Matters.
SIGNATURE OF THE PARTIES
Case Number(s): 07-O-11084
In the Matter of: Terrence P. Goggin
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: Terrence P. Goggin
Date: February 19, 2009
Respondent’s Counsel: Ephraim Margolin
Date: February 19, 2009
Supervising Trial Counsel: Donald R. Steedman
Date: March 24, 2009
Case Number(s): 07-O-11084
In the Matter of: Terrence P. Goggin
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 REPROVAL IMPOSED.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.
<<not>> checked. All court dates in the Hearing Department 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 125(b), Rules of Procedure.) Otherwise the stipulation shall be effective 15 days after service of this order.
Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.
Signed by:
Judge of the State Bar Court: Pat McElroy
Date: March 31, 2009
[Rules Proc. of State Bar; Rule 5.27(B); 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 San Francisco, on April 1, 2009, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
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 San Francisco, California, addressed as follows:
EPHRAIM MARGOLIN
LAW OFFICE OF EPHRAIM MARGOLIN
240 STOCKTON STREET, 4TH FL.
SAN FRANCISCO, CA 94108-5318
<<not>> checked. by certified mail, No. , with return receipt requested, through the United States Postal Service at , California, addressed as follows:
<<not>> checked. by overnight mail at , California, addressed as follows:
<<not>> checked. by fax transmission, at fax number . No error was reported by the fax machine that I used.
<<not>> checked. By personal service by leaving the documents in a sealed envelope or package clearly labeled to identify the attorney being served with a receptionist or a person having charge of the attorney’s office, addressed as follows:
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Donald Steedman, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on April 1, 2009.
Signed by:
George Hue
Case Administrator
State Bar Court