Opinion
S232033
04-29-2016
DRYOVAGE ON DISCIPLINE
Recommended discipline imposed
The court orders that MARY M. DRYOVAGE, State Bar Number 112551, is suspended from the practice of law in California for two years, execution of that period of suspension is stayed, and she is placed on probation for two years subject to the following conditions:
1. MARY M. DRYOVAGE is suspended from the practice of law for a minimum of the first year of probation, and she will remain suspended until the following conditions are satisfied:
i. Within 30 days of the effective date of this order, MARY M. DRYOVAGE must contact Arrolene Burrell by certified mail, return receipt requested, and offer to initiate, pay for, and participate in State Bar Mandatory Fee Arbitration regarding the remaining $67,000 in settlement funds at issue in this matter. Within 10 days after sending the correspondence, she must provide proof of mailing to the Office of Probation. If she is unable to contact Burrell, she shall provide a declaration to the Office of Probation setting forth her attempts to contact Burrell, including copies of the correspondence sent and the attempts made to locate her. If Burrell refuses to participate in Mandatory Fee Arbitration, she shall provide proof of Burrell's refusal to the Office of Probation. If Burrell agrees to Mandatory Fee Arbitration, the arbitration hearing shall be conducted no later than six months after the effective date of the discipline, unless agreed to in writing by Burrell and/or at the request of the arbitrator. Within 30 days of the service of the arbitration award, she shall provide a copy of the award to the Office of Probation, including proof of payment of any award in Burrell's favor. She shall remain suspended until she provides either proof of payment to Arrolene Burrell or other proof of settlement of the dispute; and
ii. If she remains suspended for two years or more as a result of not satisfying the preceding condition, she must also provide proof to the State Bar Court of her rehabilitation, fitness to practice and present learning and ability in the general law before her suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. MARY M. DRYOVAGE must also comply with the other conditions of probation recommended by the Review Department of the State Bar Court in its Opinion filed on October 20, 2015 and modified on December 29, 2015.
3. At the expiration of the period of probation, if MARY M. DRYOVAGE has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
MARY M. DRYOVAGE 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 her 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).)
MARY M. DRYOVAGE 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.