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Amante v. State Bar of California3/1/1990
SUPREME COURT OF CALIFORNIA
No. S008853
1990.CA.41049 ; 786 P.2d 375; 266 Cal. Rptr. 648; 50 Cal. 3d 247
March 1, 1990
PAUL AMANTE, JR., PETITIONER,
v.
THE STATE BAR OF CALIFORNIA, RESPONDENT
Paul Amante, Jr., in pro. per., for Petitioner.
Diane C. Yu, Truitt A. Richey, Jr., and Richard J. Zanassi for Respondent.
Before Lucas, C.J., Mosk, J., Broussard, J., Panelli, J., Eagleson, J., Kennard, J., and Lucas (Campbell M.), J.
The Court
We review today the recommendation of the Review Department of the State Bar Court (review department) that petitioner Paul Amante, Jr. (Amante), be suspended from the practice of law in the State of California for three years, that execution of the order for such suspension be stayed, and that Amante be placed on probation for said period of three years upon conditions including an actual suspension from the practice of law for the first six months of such probation. After considering all the evidence and petitioner's contentions, we adopt the recommendation of the review department.
I.
Facts
Amante was admitted to the practice of law in California on December 3, 1982. Amante entered into a stipulation regarding the facts of his case at the December 2, 1987, hearing before the Hearing Department of the State Bar Court (hearing panel). The stipulation describes five matters involving professional misconduct by Amante in 1984 and 1985.
A. The Kawile Matter.
In July 1984, Amante was hired by Tito Kawile (Kawile) to file bankruptcy on his behalf. Amante received $260 from Kawile, representing $200 in advanced legal fees and $60 in advanced legal costs. Thereafter, Amante failed to perform legal services in this matter. In August and September of 1984, Kawile telephoned and left messages at Amante's office requesting that Amante call, but his calls were not returned. Amante subsequently relocated his office without informing Kawile or providing a forwarding address or telephone number. Amante misappropriated, to his own use and benefit, the $60 that he was holding for Kawile as advanced costs; he also failed to refund any portion of the $200 he was holding for Kawile as advanced fees.
B. The Clark Matter.
In July 1984, Amante was hired by Ron Clark (Clark) to file bankruptcy on his behalf. Although the stipulation contains a $5 discrepancy, it appears that Clark paid Amante approximately $230, of which $60 represented advanced legal costs and the balance advanced legal fees. Thereafter, Amante failed to perform legal services in this matter. In August and September 1984, Clark repeatedly telephoned and left messages at Amante's office, but his calls were not returned. Amante misappropriated to his own use and benefit the $60 that he was holding for Clark as advanced costs, and failed to refund any of the funds he was holding for Clark as advanced fees.
C. The Carter Matter.
In January 1984, Amante was hired by Gregg Carter (Carter) to file a marital dissolution on his behalf. Amante received $300 from Carter, representing advanced legal fees. From February to May 1984 Carter repeatedly telephoned and left messages at Amante's office, but his calls were not returned. On April 20, 1984, Amante filed a petition for dissolution of
marriage in Orange County Superior Court on behalf of Carter, but thereafter f
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