Local attorney placed on probation
| Tuesday, Jun 14 2011 05:32 PM
Last Updated Tuesday, Jun 14 2011 05:35 PM
The California State Bar is recommending a one-year stayed suspension and two years of probation for a Bakersfield attorney it says mishandled legal cases and client funds.
In a 19-page recommendation to the California Supreme Court, the bar said Robert F. Carbone failed to refund money owed to clients, failed to return client phone calls and inform them of hearing dates, and in at least one case took legal action on a client's behalf without consulting the client first.
A stayed suspension is a suspension that is delayed for a period of time to give the attorney a chance to comply with terms of probation. If the terms are not met, a hearing would be held to consider converting the stayed suspension to an actual suspension.
During Carbone's probation, he will have to obey industry rules of professional conduct, submit quarterly reports on his work to the bar's Office of Probation, attend State Bar Ethics School and pass a test on the material covered, according to a report filed with the State Bar Court of California's Hearing Department.
The bar said Carbone's actions had "significantly harmed" four clients, showing a "pattern" of repeated misconduct, according to the report.
Among the examples was a spousal support case in which Carbone indicated his client was willing to discontinue spousal support and accept $310 per month from the former spouse's retirement in lieu of payments that were in arrears, according to the report. His client had not agreed to or authorized the settlement, the report said.
In other cases, Carbone accepted advance fees for work that was either not performed or only partially performed, and only refunded money owed to clients after they complained to the bar, according to the report.
Carbone also must reimburse the bar for $5,736 in prosecution costs.
Carbone did not return a telephone call requesting an interview. His attorney, Arthur Margolis, declined to comment.
Source: http://www.bakersfield.com/news/local/x468147000/Local-attorney-placed-on-probation
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