Opinion
S235949
09-21-2016
DeCLUE ON DISCIPLINE
Recommended discipline imposed
The court orders that JOSEPH LYNN DeCLUE, State Bar Number 163954, 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 LYNN DeCLUE is suspended from the practice of law for a minimum of the first six months of probation, and he will remain suspended until the following conditions are satisfied:
a. He makes restitution to Juan and Teresa Ornelas in the amount of $1,500, plus 10 percent interest per year from May 2, 2013 (or reimburses the Client Security Fund, to the extent of any payment from the Fund to Juan and Teresa Ornelas, 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
b. He makes restitution to Sarkis Andinyan in the amount of $10,000, plus 10 percent interest per year from January 8, 2014 (or reimburses the Client Security Fund, to the extent of any payment from the Fund to Sarkis Andinyan, 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
If he remains suspended for two years or more as a result of not satisfying the preceding conditions, 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. JOSEPH LYNN DeCLUE must also comply with the other conditions of probation recommended by the Review Department of the State Bar Court in its Opinion filed on May 10, 2016.
3. At the expiration of the period of probation, if JOSEPH LYNN DeCLUE has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
JOSEPH LYNN DeCLUE 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.