Case Number(s): 11-H-16026-RAH; (Investigation No.)11-O-15033
In the Matter of: Mark H. Galyean, Bar # 220617, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Rosalba L. Gutierrez, Deputy Trial Counsel
1149 S. Hill Street
Los Angeles, CA 90015
(213) 765-1671
Bar # 270469
Counsel for Respondent: In Pro Per Respondent
Mark H. Galyean
Bar # 220617
Submitted to: Settlement Judge at State Bar Court Clerk’s Office Los Angeles
<<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 September 22, 2002.
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 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. 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.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: two (2) billing cycles following the effective date of the Supreme Court order. (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.
1. Respondent’s timely fulfillment of Ethics School and MPRE conditions attached to the public reproval imposed in case number 10-0-04696 shall be deemed to satisfy those conditions imposed herein, even if such fulfillment pre-dates the effective date of discipline in this matter.
2. Duty to Notify Individuals of Right to Mandatory Fee Arbitration No later than thirty (30) days after the effective date of discipline, Respondent agrees to send a letter by certified mail, return receipt requested, to Ms. Tahra Clifford ("Clifford") and agrees to participate in binding fee arbitration with Clifford, upon Clifford’s request, regarding fees Respondent received for representation from Clifford, unless respondent has previously sent such a written offer to Clifford.
The letter shall include the address and phone number of the Office of Probation along with a statement that the Office of Probation will be monitoring his fee arbitration conditions. A copy of the letter sent to Ms. Clifford must be sent to the State Bar’s Office of Probation no later than 45 days after the effective date of discipline in this matter, unless respondent has previously provide the Office of Probation with a copy of such letter.”
Case Number(s): 11-H-16026; (Investigation No.) 11-O-15033
In the Matter of: Mark H. Galyean
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: Linda Berry
Principal Amount: $2,550
Interest Accrues From: November 19, 2009
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than thirty (30) days following the effective date of the discipline order.
<<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.
<<not>> 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 Respondent and/or 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.
<<not>> 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: Mark H. Galyean
CASE NUMBER(S): 11 l-H-16026-RAH; (Investigation No.) 11-O-15033
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 No. 1 l-H- 16026
FACTS:
1. As a condition of the reproval in case No. 10-0-04696, Respondent was required to contact the Office of Probation and schedule a meeting with his assigned probation deputy no later than March 17, 2011. Respondent did not contact his assigned probation deputy until June 23,2011. Additionally, Respondent was required to complete and submit written quarterly reports to the Office of Probation by the tenth day of January, April, July, and October of the one year condition period. Respondent did not submit the quarterly report that was due on April 10, 2011 until June 24, 2011, making it 75 days late.
2. As a condition of reproval, Respondent was required to pay restitution to client Linda Berry ("Berry") in the amount of $2,550 plus interest, due by August 15, 2011. To date, Respondent has not paid Berry the restitution.
CONCLUSIONS OF LAW
3. By failing to submit a timely quarterly report and failing to pay Berry’s restitution, Respondent failed to comply with conditions attached to his public reproval in willful violation of rule 1-110 of the Rules of Professional Conduct. Respondent also willfully violated rule 1-110 of the Rules of Professional Conduct by failing to timely contact the Office of Probation and schedule a meeting with his assigned probation deputy.
Case No. 11-O-15033 (Complainant: Tahra Clifford)
FACTS:
4. On May 21,2011, Tahra Clifford ("Clifford") employed Respondent to represent her in a misdemeanor traffic case. Clifford paid Respondent $1,600 in advanced legal fees. On May 23, 2011, Clifford cancelled Respondent’s legal services. Respondent failed to timely provide Clifford with an accounting of the fees he received from Clifford. Upon termination, Clifford requested that Respondent return her client file. Respondent failed to timely return to Clifford
her client file. Respondent provided Clifford with an accounting and her client file in December 2011.
CONCLUSIONS OF LAW
5. By failing to provide a timely accounting to Clifford upon termination of employment, Respondent failed to render appropriate accounts to a client regarding all funds coming into Respondent’s possession in willful violation of rule 4-100(B)(3) of the Rules of Professional Conduct.
6. By failing to return Clifford’s file for more than seven months after Clifford terminated Respondent and requested her client file, Respondent failed to release a client file in willful violation of rule 3-700 (D)(1) of the Rules of Professional Conduct.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was December 27, 2011.
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 1.3 provides that the primary purposes of attorney discipline are, "the protection of the public, the courts and the legal profession; the maintenance of high legal professional standards by attorneys and the preservation of public confidence in the legal profession."
Standard 1.7(a) provides that if a member is found culpable of professional misconduct in any proceeding in which discipline may be imposed and the member has a record of one prior imposition of discipline as defined by standard 1.2(f), the degree of discipline imposed in the current proceeding shall be greater than that imposed in the prior proceeding unless the prior discipline imposed was so remote in time to the current proceeding and the offense for which it was imposed was so minimal in severity that
imposing greater discipline in the current proceeding would be manifestly unjust.
Standard 2.9 provides that culpability of a member of a willful violation of rule 1-110, Rules of Professional Conduct, shall result in suspension.
Standard 2.10 provides that 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. [rules 3-700(D)(1) and 3-700(D)(2)].
Based on the above-described standards, a 30-day actual suspension accompanied by a one-year stayed suspension and a two-year probationary period is appropriate to protect the public, the courts, and the profession.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of Chief Trial Counsel has informed Respondent that as of, December 27, 2011, the prosecution costs in this matter are approximately $2,797. 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.
Case Number(s): 11-H-16026; 11-O-15033
In the Matter of: Mark H. Galyean
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: Mark H. Galyean and Rosalba L. Gutierrez
Respondent: Mark H. Galyean
Date: 12/27/2011
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Rosalba L. Gutierrez
Date: 12/27/2011
Case Number(s): 11-H-16026-RAH; (Investigation No.) 11-O-15033
In the Matter of: Mark H. Galyean
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:
<<not>> checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
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 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: Donald F. Miles
Date: 1/18/12
[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 January 24, 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 Los Angeles, California, addressed as follows:
MARK H GALYEAN ESQ
THE GALYEAN LAW GROUP
2 PALATIME
ALISO VIEJO, CA 92656
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Rosalba L. Gutierrez, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in, California, on January 20, 2012.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court