Opinion
S236750
10-21-2016
PACHECO ON DISCIPLINE
Recommended discipline imposed
The court orders that EDWARD WILLIAM PACHECO, State Bar Number 91903, 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. EDWARD WILLIAM PACHECO is suspended from the practice of law for a minimum of the first 90 days of probation, and he will remain suspended until the following conditions are satisfied:
i. He makes restitution to Laura Nunez in the amount of $1,700 plus 10 percent interest per year from October 24, 2014 (or reimburses the Client Security Fund, to the extent of any payment from the Fund to Laura Nunez, 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 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. EDWARD WILLIAM PACHECO 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 17, 2016.
3. At the expiration of the period of probation, if EDWARD WILLIAM PACHECO has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
EDWARD WILLIAM PACHECO 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).)
EDWARD WILLIAM PACHECO 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 2017, 2018, and 2019. If EDWARD WILLIAM PACHECO 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.