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| Edmundo Espinoza Bojorques Edmundo Espinoza, Law Offices of Edmundo Espinoza, Edmundo Bojorques, Espinoza-Bojorques, Edmundo Edmundo Espinoza Bojorque |
| 7th of Nov, 2011 by User621425 |
| BEFORE THE DISCIPLINARY COMMITTEE OF THE STATE BAR OF CALIFORNIA. ATTACHMENT TO STIPULATION OF FACTS, CONCLUSIONS OF LAW AND DISPOSITION IN THE MATTER OF: RUDY HOOPER vs. EDMUNDO ESPINOZA BOJORQUEZ CASE NUMBER(S): 05-0-02996. FACTS AND CONCLUSIONS OF LAW: Respondent, Edmundo Espinoza Bojorques, with address at 5139 Quail Lake Drive, Dallas, Texas. 75287. Tel. 214 -475- 3015, admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct: 1. In January 2004, Respondent was employed by Rudy Hooper ("Hooper) to represent him in a criminal matter while Hooper was incarcerated. At the time of employment, Hooper’s father gave Respondent $37,000. These funds were to be used for both Respondents’ legal fees and for future expenses that Respondent was to pay on behalf of Hooper per "pay orders" that Hooper would submit to Respondent. The parties did not enter into a written fee agreement. 2. On January 29, 2004, Respondent paid himself $5,000 as his legal fees and deposited the remaining $32,000 of the $37,000 paid by Hooper’s father into a money market account, account number 09858-03231 at Bank of America (the "money market account’). 3. In February 2004, Respondent paid himself an additional $6,000 in legal fees from the money market account. The balance in the money market account became $26,000. 4. In March 2004, Respondent transferred $22,000 from the money market account to a general account, account number 0958-09990 at Bank of America (the "general account"). Respondent withdrew the remaining $4,000 in the money market account as his fees. 4. In March 2004, Respondent issued a total of $1,300 in money orders to various people per pay orders submitted by Hooper from the general account. 5. In March 2004, Respondent paid $2,000 in costs on behalf of Hooper and paid himself $4000 in legal fees from the general account. The balance in the general account became $14,700. 6. Between March 2004 and September 2004, Respondent paid $11,953 in expenses per "pay orders" submitted by Hooper. Respondent paid these expenses by first electronically transferring funds from the general account to another general account, account number 10395-14334 at Bank of America (the "second general account"). Respondent then issued checks from the Attachment Page 1 second general account to pay the $11,953 in expenses. Respondent paid the remaining $2,747, that was still in the general account to himself in legal fees. LEGAL CONCLUSION: By failing to deposit the initial $37,000 in a client trust account and by subsequently depositing the remaining client funds in the money market account, the general account and the second general account, Respondent failed to deposit client funds in a trust account. PENDING PROCEEDINGS: The disclosure date referred to, on page one, paragraph A.(7), was by letter dated July 12, 2006. AUTHORITIES SUPPORTING DISCIPLINE: Vaughn v. State Bar (1972) 6 Cal. 3d 847: The attorney received a Public reproval for misconduct that included repeatedly allowing his client trust account to fall below the minimum balance he was required to maintain in it. Fitzsimmons v. State Bar (1983) 34 Cal. 3d 327: The attorney was found to be grossly negligent in handling estate assets by failing to maintain proper records. The court imposed a Public Reproval. Respondent was negligent in handling client funds by depositing such funds in multiple bank accounts that were not client trust accounts. AGGRAVATION: Respondent maintained client funds in several bank accounts that were not client trust accounts. OTHER CONDITIONS NEGOTIATED BY THE PARTIES: Within eighteen (18) months of the effective date of discipline, Respondent shall provide proof of attendance of the State Bar Client Trust Accounting School to the Office of Probation of the State Bar. For More information on Edmundo Espinoza Bojorques go to: http://www.calbar.ca.gov/Home.aspx |
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