State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

STAYED SUSPENSION; NO ACTUAL SUSPENSION

Case Number(s): 09-O-12784

In the Matter of: Douglas W. Davis, Bar # 132620, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Margaret P. Warren, Bar # 108774

Counsel for Respondent: In Pro Per, Bar #

Submitted to: Settlement Judge – State Bar Clerk’s Office Los Angeles.

Filed: November 16, 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.

A. Parties' Acknowledgments:

1. Respondent is a member of the State Bar of California, admitted December 14, 1987.

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 9 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.

<<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.

B.     Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

checked. (1)             Prior record of discipline [see standard 1.2(f)].

checked. (a)                    State Bar Court case # of prior case 03-O-02690.

checked. (b)                   Date prior discipline effective March 12, 2006

checked. (c)                    Rules of Professional Conduct/ State Bar Act violations: Bus. & Prof. Code section 6103, 6068(o)(3), and 6068(m)

checked. (d)                   Degree of prior discipline 2 yrs.’ suspension, stayed; 3 yrs.’ probation with conditions; no actual suspension.

checked. (e)                    If Respondent has two or more incidents of prior discipline, use space provided below or a separate attachment entitled “Prior Discipline”. Case No. 02-O-15331; Effective September 18, 2003; Rules of Professional Conduct/State Bar Act violations: rule 3-700(A)(2), Rules of Prof. Conduct; section 6068(m), Bus. & Prof, Code.; Degree of discipline: Private Reproval with conditions

<<not>> checked. (2)   Dishonesty:  Respondent's misconduct was surrounded by or followed by bad faith, dishonesty, concealment, overreaching or other violations of the State Bar Act or Rules of Professional Conduct. 

<<not>> checked. (3)   Trust Violation:  Trust funds or property were involved and Respondent refused or was unable to account to the client or person who was the object of the misconduct for improper conduct toward said funds or property.

<<not>> checked. (4)   Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice.

<<not>> checked. (5)   Indifference:  Respondent demonstrated indifference toward rectification of or atonement for the consequences of his or her misconduct.

<<not>> checked. (6)   Lack of Cooperation:  Respondent displayed a lack of candor and cooperation to victims of his/her misconduct or to the State Bar during disciplinary investigation or proceedings. 

<<not>> checked. (7)   Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct.

<<not>> checked. (8)   No aggravating circumstances are involved.
Additional aggravating circumstances: .

C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting mitigating circumstances are required.

<<not>> checked. (1) No Prior Discipline:  Respondent has no prior record of discipline over many years of practice coupled with present misconduct which is not deemed serious.

checked. (2)            No Harm:  Respondent did not harm the client or person who was the object of the misconduct. 

checked. (3)            Candor/Cooperation:  Respondent displayed spontaneous candor and cooperation with the victims of his/her misconduct and to the State Bar during disciplinary investigation and proceedings. 

<<not>> checked. (4) Remorse:  Respondent promptly took objective steps spontaneously demonstrating remorse and recognition of the wrongdoing, which steps were designed to timely atone for any consequences of his/her misconduct. 

<<not>> checked. (5) Restitution:  Respondent paid $  on  in restitution to  without the threat or force of disciplinary, civil or criminal proceedings.

<<not>> checked. (6) Delay:  These disciplinary proceedings were excessively delayed.  The delay is not attributable to Respondent and the delay prejudiced him/her.

<<not>> checked. (7) Good Faith:  Respondent acted in good faith.

<<not>> checked. (8) Emotional/Physical Difficulties:  At the time of the stipulated act or acts of professional misconduct Respondent suffered extreme emotional difficulties or physical disabilities which expert testimony would establish was directly responsible for the misconduct.  The difficulties or disabilities were not the product of any illegal conduct by the member, such as illegal drug or substance abuse, and Respondent no longer suffers from such difficulties or disabilities.

<<not>> checked. (9) Severe Financial Stress:  At the time of the misconduct, Respondent suffered from severe financial stress which resulted from circumstances not reasonably foreseeable or which were beyond his/her control and which were directly responsible for the misconduct.

<<not>> checked. (10) Family Problems:  At the time of the misconduct, Respondent suffered extreme difficulties in his/her personal life which were other than emotional or physical in nature.

<<not>> checked. (11) Good Character:  Respondent's good character is attested to by a wide range of references in the legal and general communities who are aware of the full extent of his/her misconduct.

<<not>> checked. (12) Rehabilitation:  Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation.

<<not>> checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances:

On October 15, 2009, Respondent sent Dr. Scott a cashier’s check in the amount of $1,000.00, as an initial payment on the interest Respondent still owes to Dr. Scott. Dr. Scott received the funds.  

D. Discipline:

checked. (1)            Stayed Suspension:

checked. (a)                 Respondent must be suspended from the practice of law for a period of two (2) years.

checked. i.                 and until Respondent shows proof satisfactory to the State Bar Court of rehabilitation and present fitness to practice and present learning and ability in the law pursuant to standard 1.4(c)(ii) Standards for Attorney Sanctions for Professional Misconduct.

checked. ii.                and until Respondent pays restitution as set forth in the Financial Conditions form attached to this stipulation.

<<not>> checked. iii.  and until Respondent does the following: .

The above-referenced suspension is stayed.

checked. (2)            Probation:  Respondent must be placed on probation for a period of three (3) years, which will commence upon the effective date of the Supreme Court order in this matter.  (See rule 9.18, California Rules of Court.)

E. Additional Conditions of Probation:

checked. (1)            During the probation period, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

checked. (2)            Within ten (10) days of any change, Respondent must report to the Membership Records Office of the State Bar and to the Office of Probation of the State Bar of California ("Office of Probation"), all changes of information, including current office address and telephone number, or other address for State Bar purposes, as prescribed by section 6002.1 of the Business and Professions Code.

checked. (3)            Within thirty (30) days from the effective date of discipline, Respondent must contact the Office of Probation and schedule a meeting with Respondent's assigned probation deputy to discuss these terms and conditions of probation. Upon the direction of the Office of Probation, Respondent must meet with the probation deputy either in-person or by telephone. During the period of probation, Respondent must promptly meet with the probation deputy as directed and upon request.

checked. (4)            Respondent must submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of the period of probation. Under penalty of perjury, Respondent must state whether Respondent has complied with the State Bar Act, the Rules of Professional Conduct, and all conditions of probation during the preceding calendar quarter. Respondent must also state whether there are any proceedings pending against him or her in the State Bar Court and if so, the case number and current status of that proceeding. If the first report would cover less than 30 days, that report must be submitted on the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same information, is due no earlier than twenty (20) days before the last day of the period of probation and no later than the last day of probation.

<<not>> checked. (5) Respondent must be assigned a probation monitor. Respondent must promptly review the terms and conditions of probation with the probation monitor to establish a manner and schedule of compliance. During the period of probation, Respondent must furnish to the monitor such reports as may be requested, in addition to the quarterly reports required to be submitted to the Office of Probation. Respondent must cooperate fully with the probation monitor.

checked. (6)            Subject to assertion of applicable privileges, Respondent must answer fully, promptly and truthfully any inquiries of the Office of Probation and any probation monitor assigned under these conditions which are directed to Respondent personally or in writing relating to whether Respondent is complying or has complied with the probation conditions.

checked. (7)            Within one (1) year of the effective date of the discipline herein, Respondent must provide to the Office of Probation satisfactory proof of attendance at a session of the Ethics School, and passage of the test given at the end of that session.

<<not>> checked. No Ethics School recommended.  Reason: .

<<not>> checked. (8) Respondent must comply with all conditions of probation imposed in the underlying criminal matter and must so declare under penalty of perjury in conjunction with any quarterly report to be filed with the Office of Probation.

<<not>> checked. (9) The following conditions are attached hereto and incorporated:       

<<not>> checked. Substance Abuse Conditions.

<<not>> checked. Law Office Management Conditions.

<<not>> checked. Medical Conditions.

<<not>> checked. Financial Conditions.

F. Other Conditions Negotiated by the Parties:

checked. (1)            Multistate Professional Responsibility Examination:  Respondent must provide proof of passage of the Multistate Professional Responsibility Examination ("MPRE"), administered by the National Conference of Bar Examiners, to the Office of Probation within one year.  Failure to pass the MPRE results in actual suspension without further hearing until passage. But see rule 9.10(b), California Rules of Court, and rule 5.162(A) & (E), Rules of Procedure.

<<not>> checked. No MPRE recommended.  Reason: .

checked. (2)            Other Conditions:  Financial Conditions/Restitution: please see pages 7-8, below.

Attachment language (if any):

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

IN THE MATTER OF: Douglas W. Davis, State Bar No. 132620

STATE BAR COURT CASE NUMBER: 09-O-12784

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:

1. On February 10, 2006, the Supreme Court of California issued an Order (S139323) imposing discipline on Respondent in case number 03-0-02690 ("Disciplinary Order"). By Order filed on March 1, 2006, the Disciplinary Order was "corrected nunc pro tunc to provide that the disciplinary recommendations of the Hearing Department of the State Bar Court in its order approving stipulation filed on September 30, 2005, are approved. All other terms and conditions remain the same."

2. Pursuant to the Disciplinary Order, Respondent was placed on three (3) years’ probation subject to conditions of probation recommended by the Hearing Department’s order approving stipulation filed on September 30, 2005. On March 12, 2006, the Disciplinary Order became effective.

3. Pursuant to the Disciplinary Order, Respondent was required to submit quarterly reports to the Office of Probation commencing with a July 10, 2006 report, and thereafter submitting quarterly reports on October 10, January 10, April 10, and July 10 of each year of probation, with a final report due no earlier than twenty (20) days before the last day of the probation and no later than the last day of the probation.

Respondent did not timely file the following quarterly reports:

Due Dates: October 10, 2006

Filed: October 11, 2006

Due Dates: April 10, 2007

Filed: April 16, 2007

Due Dates: July 10, 2007

Filed: August 7, 2007

Due Dates: January 10, 2009

Filed: January 12, 2009

4. Pursuant to the Disciplinary Order, Respondent was required to make restitution to Cornelius Scott, M.D. ("Dr. Scott"), or to the Client Security Fund if appropriate, in the amount of $35,523.50 plus 10% interest per annum from January 23, 2001, by making payments to Dr. Scott of at least $1,000.00 at least one time per month, and furnish satisfactory proof thereof to the State Bar Office of Probation. Respondent was required to make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full no later than 30 days prior to the expiration of the period of his probation. Respondent was to complete making all restitution (both principal and interest) on or before February 10, 2009.

5. Respondent timely paid the principal amount of $35,523.50 owing to Dr. Scott, but did not paying outstanding interest.

Legal Conclusions:

6. By not tim.ely filing four (4) quarterly reports, and by not paying the interest due to Dr. Scott by the end of his probation, Respondent failed to comply with the conditions of his probation, in willful violation of section 6068(k) of the Business & professions Code.

PENDING PROCEEDINGS.

The disclosure date referred to, on page 2, paragraph A(6), was October 20, 2009.

COSTS OF DISCIPLINARY PROCEEDINGS.

Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of October 20, 2009, the prosecution costs in this matter are at least $2,296.00. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.

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.

FINANCIAL CONDITIONS, RESTITUTION.

During the period of his probation Respondent must pay restitution to Cornelius Scott. M.D. or the Client Security Fund if it has paid, in the total amount of $22,813.38. (Total accrued interest of $23,813.38, less the $1,000.00 Respondent paid to Dr. Scott on October 15, 2009 = $22,813.38.)

Respondent must pay the above-referenced restitution in monthly installments of at least $1,000.00 until paid in full. Said monthly payments will commence no later than thirty (30) days after the effective date of the Supreme Court’s disciplinary order herein.

Respondent must provide satisfactory proof of monthly payment of installments of at least $1,000.00 to the Office of Probation with each quarterly probation report required herein, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation, Respondent must make any necessary final payment(s) in order to complete the payment of restitution in full.

The $23,813.38 represents the total amount of interest accrued from January 23,2001 to date, at the rate of 10% per annum, on the principal sum of $35,523.50 ("paid principal") that Respondent timely paid to Cornelius Scott, M.D., pursuant to the disciplinary order filed on February 10, 2006 in Case No. 03-O-02690.

The sum of $23,813.38 represents the total amount of interest that Respondent is required to pay pursuant to this Stipulation. No further interest on the paid principal will be accruing, nor will any other amount(s) be added to the $23,813.38 in total outstanding interest to be paid by Respondent. As set forth above, Respondent made an initial payment of $1,000.00, on the interest owing to Dr. Scott, on October 15, 2009.

This provision is included herein in lieu of the State Bar Court-approved Financial Conditions Stipulation Form: the Form is not suitable to this particular case because the restitution to be made is of a final, total amount of already-accrued interest only, not of outstanding principal plus accruing interest thereon.

SIGNATURE OF THE PARTIES

Case Number(s): 09-O-12784

In the Matter of: Douglas W. Davis, State Bar No.: 132620

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: Douglas W. Davis

Date:  October 21, 2009

Respondent’s Counsel:

Date:

Deputy Trial Counsel:  Margaret P. Warren

Date:  October 27, 2009

STAYED SUSPENSION ORDER

Case Number(s): 09-O-12784

In the Matter of: Douglas W. Davis, State Bar No.: 132620

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 9.18(a), California Rules of Court.)

Signed by:

Judge of the State Bar Court: Donald F. Miles

Date: November 12, 2009

CERTIFICATE OF SERVICE

[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 Los Angeles, on November 16, 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 Los Angeles, California, addressed as follows:

DOUGLAS W  DAVIS ESQ

2811 S. FOOSE RD

MALIBU, CA 90265

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

Margaret P. Warren, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on November 16, 2009.

Signed by:

Julieta E. Gonzales

Case Administrator

State Bar Court