Opinion
S237442
12-07-2016
DAVIS ON DISCIPLINE
Recommended discipline imposed
The court orders that ERIKSON McDONNELL DAVIS, State Bar Number 197841, is suspended from the practice of law in California for three years, execution of that period of suspension is stayed, and he is placed on probation for three years subject to the following conditions:
1. ERIKSON McDONNELL DAVIS is suspended from the practice of law for a minimum of the first two years of probation, and he will remain suspended until the following conditions are satisfied:
i. He makes restitution to the following payees (or reimburses the Client Security Fund, to the extent of any payment from the fund to the payees, in accordance with Business and Professions Code section 6140.5) and furnishes proof to the State Bar's Office of Probation in Los Angeles:
(1) Grace Hermenegildo in the amount of $5,368 plus 10 percent interest per year from December 19, 2014;
(2) Shelia Roberts in the amount of $25,157.34 plus 10 percent interest per year from June 5, 2015;
(3) David Schmidt in the amount of $4,206 plus 10 percent interest per year from August 10, 2015;
(4) Earl Kennedy in the amount of $21,000 plus 10 percent interest per year from May 21, 2014;
(5) Gayle Ulshafer in the amount of $12,504 plus 10 percent interest per year from September 30, 2015 ;
(6) Patrick Thompson in the amount of $23,000 plus 10 percent interest per year from May 1, 2015;
(7) Hope Hoffman in the amount of $5,419.65 plus 10 percent interest per year from June 21, 2015;
(8) Bo McCarthy in the amount of $5,000 plus 10 percent interest per year from September 17, 2015;
(9) Alejandro Tobias in the amount of $20,248.80 plus 10 percent interest per year from June 25, 2014;
(10) Deborah Chieppa in the amount of $5,000 plus 10 percent interest per year from July 17, 2013;
(11) John and LaTonya Hicks in the amount of $6,000 plus 10 percent interest per year from December 16, 2014.
ii. He provides proof to the State Bar Court of his rehabilitation, fitness to practice and present learning and ability in the general law. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. ERIKSON McDONNELL DAVIS must comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on July 21, 2016.
3. At the expiration of the period of probation, if ERIKSON McDONNELL DAVIS has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
ERIKSON McDONNELL DAVIS must also take and pass the Multistate Professional Responsibility Examination during the period of his suspension 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).)
ERIKSON McDONNELL DAVIS 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 30 and 40 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 2018, 2019, and 2020. If ERIKSON McDONNELL DAVIS 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.