Opinion
S234640
07-29-2016
ALLEN ON DISCIPLINE
Recommended discipline imposed
The court orders that JOSEPH DULLES ALLEN, State Bar Number 48922, is suspended from the practice of law in California for two years, execution of that period of suspension is stayed, and he is placed on probation for two years subject to the following conditions:
1. JOSEPH DULLES ALLEN is suspended from the practice of law for a minimum of the first sixty (60) days of probation, and he will remain suspended until the following conditions are satisfied:
i. He pays to the following payees the sanctions which he was ordered to pay in Robert Holbrock v. David Pasternak, et al., U.S. District Court, Central District of California, case no. CV14-06795 and furnishes satisfactory proof of payment to the State Bar's Office of Probation in Los Angeles:
(1) David Pasternak, Esq., in the amount of $24,225.25;
(2) Clerk of the U.S. District Court, Central District of California, in the amount of $2,000;
(3) Ira M. Friedman, Esq., in the amount of $10,746.36; and
(4) Gary S. Starre, Esq., in the amount of $7,720.
ii. He pays in full to Ira M. Friedman, Esq. the sanctions which he was ordered to pay in In re the Marriage of Katherine Hopkins and Thomas Hopkins, in the amount of $4,140 and furnishes satisfactory proof of payment to the State Bar's Office of Probation in Los Angeles; and
iii. If he remains suspended for two years or more as a result of not satisfying the preceding conditions, JOSEPH DULLES ALLEN must also provide proof to the State Bar Court of his rehabilitation, fitness to practice and present learning and ability in the general law before his suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. JOSEPH DULLES ALLEN must also comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on March 29, 2016.
3. At the expiration of the period of probation, if JOSEPH DULLES ALLEN has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
JOSEPH DULLES ALLEN must also take and pass the Multistate Professional Responsibility Examination within one year after the effective date of this order, or during the period of suspension, whichever is longer and provide satisfactory proof of such passage to the State Bar's Office of Probation in Los Angeles within the same period. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
If JOSEPH DULLES ALLEN remains suspended for 90 days or more, he must also comply with California Rules of Court, rule 9.20, and perform the acts specified in subdivisions (a) and (c) of that rule within 120 and 130 calendar days, respectively, after the effective date of this order. Failure to do so may result in disbarment or suspension.
Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment. One-third of the costs must be paid with his membership fees for each of the years 2017, 2018, and 2019. If JOSEPH DULLES ALLEN 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.