Opinion
S243914
10-12-2017
CLYDE ON DISCIPLINE
Recommended discipline imposed
The court orders that DAVID NEIL CLYDE, State Bar Number 89068, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and he is placed on probation for two years' subject to the following conditions:
1. DAVID NEIL CLYDE is suspended from the practice of law for a minimum of the first 30 days of probation, and he will remain suspended until the following conditions are satisfied:
i. He makes restitution to Jeneluj Cunanan in the amount of $6,035 plus 10 percent interest per year from May 1, 2014 (or reimburses the Client Security Fund, to the extent of any payment from the Fund to Jeneluj Cunanan, in accordance with Business and Professions Code section 6140.5) and furnishes satisfactory proof to the State Bar's Office of Probation in Los Angeles; and
ii. If he remains suspended for two years or more as a result of not satisfying the preceding condition, he must also provide proof to the State Bar Court of his rehabilitation, fitness to practice and 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. DAVID NEIL CLYDE 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 June 19, 2017.
3. At the expiration of the period of probation, if DAVID NEIL CLYDE has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
DAVID NEIL CLYDE 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 his 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 DAVID NEIL CLYDE 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.