Opinion
S272425
03-10-2022
ERVIN ON DISCIPLINE
Recommended discipline imposed
The court orders that GARY WAYNE ERVIN (Respondent), State Bar Number 91333, is suspended from the practice of law in California for two years, execution of that period of suspension is stayed, and Respondent is placed on probation for three years subject to the following conditions:
1. Respondent is suspended from the practice of law for a minimum of the first year of probation (with credit given for the period of interim suspension which commenced on March 11, 2019), and Respondent will remain suspended until Respondent provides proof to the State Bar Court of 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. Respondent must also comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Decision filed on November 5, 2021.
3. At the expiration of the period of probation, if Respondent has complied with all conditions of probation, the period of stayed suspension will be satisfied, and that suspension will be terminated.
Respondent must provide to the State Bar's Office of Probation proof of taking and passing the Multistate Professional Responsibility Examination as recommended by the Hearing Department in its Decision filed on November 5, 2021. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
Respondent 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. Respondent must also maintain the records of compliance as required by the conditions of probation.
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, and may be collected by the State Bar through any means permitted by law.