State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 09-O-18656
In the Matter of: Andree D. Taylor, Bar # 226117, A Member of
the State Bar of California, (Respondent).
Counsel For The State Bar: Robert A. Henderson
180 Howard St.
San Francisco, California 94105
Telephone: (415) 538-2385
Bar # 173205
Counsel for Respondent: In Pro Per Respondent
Andree Taylor
24301’ Southland Drive, Suite 214
Hayward, California 94545
Telephone: (888) 842-9422
Bar#226117
Submitted to: Settlement Judge – State Bar Court Clerk’s
Office San Francisco.
Filed: February 23, 2012.
<<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 July 15, 2003.
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. Until costs are paid in full,
Respondent will remain actually suspended from the practice of law unless
relief is obtained per rule 5.130, Rules of Procedure.
<<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.
<<not>> checked. (1) Prior record of discipline [see
standard 1.2(f)]
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(a) State Bar Court case # of prior case
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(b) Date prior discipline effective
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(c) Rules of Professional Conduct/ State Bar Act violations:
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(d) Degree of prior discipline
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(e) If Respondent has two or more incidents of prior
discipline, use space provided below.
<<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.
checked. (8) No aggravating circumstances are involved.
Additional aggravating circumstances:
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
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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. See attachment.
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(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. Respondent cooperated with the
State Bar in the investigation and disposition of the matter.
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. Respondent
is remorseful as demonstrated by his conduct in resolving this matter.
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checked. (5) Restitution: Respondent paid $
on in restitution to without the threat or
force of disciplinary, civil or criminal proceedings.
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checked. (6) Delay: These disciplinary proceedings were
excessively delayed. The delay is not attributable to Respondent and the
delay prejudiced him/her.
checked.
(7)
Good Faith: Respondent acted in good faith. Respondent erroneously
believed that his compensation of a non-attorney in the loan modification arena
compiled with his responsibilities as an attorney.
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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.
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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.
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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.
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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.
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checked. (12) Rehabilitation: Considerable time has passed since the acts
of professional misconduct occurred followed by convincing proof of subsequent
rehabilitation.
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checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances: Respondent has no prior record of
discipline in eight-years of practice.
D.
Discipline:
checked. (1)
Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of
one-year.
<<not>>
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.
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following: .
checked.
(b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent must be placed on probation
for a period of two-years, which will commence upon the effective date of the
Supreme Court order in this matter. (See rule 9.18, California Rules of
Court.)
checked. (3) Actual Suspension:
checked.
(a) Respondent must be actually suspended from the practice of law in the State
of California for a period of 60 days.
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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
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following:
E. Additional Conditions of Probation:
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checked. (1) If Respondent is actually suspended for two years or
more, he/she must remain actually suspended until he/she proves to the
State Bar Court his/her rehabilitation, fitness to practice, and learning and
ability in the general law, pursuant to standard 1.4(c)(ii), Standards for
Attorney Sanctions for Professional Misconduct.
checked.
(2)
During the probation period, Respondent must comply with the provisions of the
State Bar Act and Rules of Professional Conduct.
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(3)
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.
(4)
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.
(5)
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.
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checked. (6) 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.
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(7)
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.
(8)
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.
No Ethics School recommended. Reason:
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checked. (9) 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. (10) 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 during the period of actual suspension or
within one year, whichever period is longer. 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:
<<not>> checked. (2) Rule 9.20, California
Rules of Court: Respondent must comply with the requirements of rule
9.20, California Rules of Court, and perform the acts specified in subdivisions
(a) and (c) of that rule within 30 and 40 calendar days, respectively, after
the effective date of the Supreme Court's Order in this matter.
<<not>> checked. (3) Conditional Rule 9.20,
California Rules of Court: If Respondent remains actually suspended for
90 days or more, he/she must comply with the requirements of rule 9.20,
California Rules of Court, and perform the acts specified in subdivisions (a)
and (c) of that rule within 120 and 130 calendar days, respectively, after the
effective date of the Supreme Court's Order in this matter.
<<not>> checked. (4) Credit for Interim
Suspension [conviction referral cases only]: Respondent will be credited
for the period of his/her interim suspension toward the stipulated period of
actual suspension. Date of commencement of interim suspension:
<<not>> checked. (5) Other Conditions:
Attachment language (if any):
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION
IN THE MATTER OF: Andree D.
Taylor, State Bar No. 226117
STATE BAR COURT CASE NUMBER:
09-O-18656
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.
Case Ng.
09-0-18656 (Complainant: Commissioner Elizabeth Hendrickson)
FACTS:
1. In
November 2008, respondent began practicing in the loan modification area of
law.
2. In
November 2008, respondent employed a non-attorney to assist him in the loan
modification area of law.
3. From
November 2008, through September 25, 2009, the non-attorney worked on the loan
modification cases for respondent.
4. From
November 2008, through September 25, 2009, respondent and the non-attorney
entered into an agreement wherein the non-attorney would be paid a total of
$1,000 per loan modification matter without regard to the total number of hours
worked on the case. The non-attorney was to receive $500 at the outset of the
loan modification matter, with the remaining $500 paid at the end of the loan
modification process,
CONCLUSIONS
OF LAW:
5. By
dividing the fees earned from his practice of law in the loan modification area
from November 2008 through September 25, 2009, with a non-attorney, respondent
willfully violated Rules of Professional Conduct, rule 1-320(A).
PENDING
PROCEEDINGS.
The
disclosure date referred to, on page 2, paragraph A(7), was February 6, 2012.
AUTHORITIES
SUPPORTING DISCIPLINE.
Standard 2.10
- "Culpability of a member of a violation of any provision of the Business
and Professions Code not specified in these standards or of a willful violation
of any Rule of Professional Conduct not specified in these standards shall
result in reproval or suspension according to the gravity of the offense or the
harm, if any, to the victim, with due regard to the purposes of imposing
discipline set forth in standard 1.3."
In the Matter
of Bragg (Review Dept. 1997) 3 Cal. State Bar Ct. Rptr. 615 - Bragg over a
period of at least nine months, among other violations, shared legal fees with
a non-attorney, and engaged in acts of moral turpitude. Bragg received a
one-year actual suspension. (Bragg is distinguishable from the current
disciplinary case in that there are no issues of unauthorized practice of law
or moral turpitude.)
In the Matter
of Jones (Review Dept. 1993) 2 Cal. State Bar Ct. Rptr. 411 - Jones entered
into an agreement with a non-attorney wherein for a period of two-years, the
non=attorney handled all aspects of a personal injury practice. At the time
Jones stopped the non-attorney, there were approximately 300 files of which 50
were active. Jones was found culpable of aiding the unauthorized practice of
law, splitting fees with a non=attorney, forming a law partnership with a
non-attorney, failing to supervise the non=attorney, and otherwise broaching
his obligations as an attorney thereby engaging in moral turpitude. Jones
received a two-year actual suspension from the practice of law. (Jones is
distinguishable from the current disciplinary case in that there are no issues
of forming a partnership with a non-attorney, unauthorized practice of law
moral turpitude.)
COSTS OF
DISCIPLINARY PROCEEDINGS.
Respondent
acknowledges that the Office of the Chief Trial Counsel has informed respondent
that as of February 6, 2012, the prosecution costs in this matter are
$2,797.00. 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.
SIGNATURE OF THE PARTIES
Case Number(s): 09-O-18656
In the Matter of: Andree D. Taylor
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:
Andree D. Taylor
Date:
February 8, 2012
Respondent’s
Counsel:
Date:
Deputy Trial Counsel:
Robert A. Henderson
Date:
February 10, 2012
ACTUAL SUSPENSION ORDER
Case Number(s): 09-O-18656
In the Matter of: Andree D. Taylor
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.
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checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set
forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
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 5.58 (E) & (F), 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: Lucy Armendariz
Date: February
23, 2012
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 San
Francisco, on February 23, 2012, 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:
Andree D. TAYLOR
TAYLOR SOLANO & ASSOCIATES
24301 SOUTHLAND DR STE 214
HAYWARD, CA 94545
checked. by interoffice mail through a
facility regularly maintained by the State Bar of California addressed as
follows:
ROBERT A. HENDERSON, Enforcement, San
Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco, California,
on February 23, 2012.
Signed by:
Mazie Yip
Case
Administrator
State Bar
Court