Borré v. State Bar

Opinion

THE COURT. We review the recommendation of the Review Department of the State Bar Court (review department) that petitioner, Gene Paul Borré, be suspended from the practice of law in California for five years, that execution of the order be stayed, and that petitioner be placed on probation for five years upon conditions including actual suspension from practice for two years. Petitioner contends that certain findings of the State Bar Court are not supported by the evidence, and that the recommended discipline is excessive. We disagree, and adopt the recommendation of the review department.

Facts

Petitioner was admitted to the practice of law in California on January 7, 1971. He has no prior record of discipline.

A. Facts Relating to Misconduct

The evidence and the findings of fact of the referee, which were adopted by the review department, indicate the following:

Count 1: Abandonment of Client

In July 1985, Sheila Baquera and her mother, Dolores Baquera, gave petitioner a $1,000 fee to determine whether to prosecute an appeal on behalf of Sheila’s boyfriend, Paul Lascano. Lascano was in state prison following felony convictions, and was then represented by court-appointed counsel. Petitioner informed the Court of Appeal, Fifth Appellate District, [1050]that he would “be handling the appeal on behalf of Mr. Lascano.” The court then terminated the appointment of the first attorney.

Petitioner obtained two extensions of time to file an opening brief, but never filed it. On December 26, 1985, the court dismissed the appeal for failure to file the brief. Petitioner did not visit Lascano, send him copies of his extension requests, or notify him that the appeal had been dismissed. He did not communicate with him in any way until he informed him in a letter dated February 11, 1986, that he had “abandoned” the appeal. Lascano did not learn that the appeal had actually been dismissed until much later.

Count 2: Misleading the State Bar

On June 17, 1987, a State Bar investigator informed petitioner in writing that Lascano had filed a complaint against him, and requested a response. Petitioner replied on June 29, 1987. He claimed he had “advised” Lascano’s mother and girlfriend, who he believed were the ones who retained him, that there were no appealable issues to raise in the appeal.