Opinion
S283379
03-14-2024
FRANCESCHI, JR., ON DISCIPLINE
Recommended discipline imposed
The court orders that ERNEST JOSEPH FRANCESCHI, JR., (Respondent), State Bar Number 112893, 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 two years subject to the following conditions:
1. Respondent is suspended from the practice of law for the first nine months of probation (with credit given for the period of interim suspension which commenced on September 18, 2023).
2. Respondent 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 December 19, 2023.
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 Order Approving Stipulation filed on December 19, 2023. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
Respondent must pay monetary sanctions to the State Bar of California Client Security Fund in the amount of $1,500 in accordance with Business and Professions Code section 6086.13 and rule 5.137 of the Rules of Procedure of the State Bar. Monetary sanctions are enforceable as a money judgment and may be collected by the State Bar through any means permitted by law.
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. One-third of the costs must be paid with Respondent's annual fees for each of the years 2025, 2026, and 2027. If Respondent fails to pay any installment as described above, or as may be modified in writing by the State Bar or the State Bar Court, the remaining balance is due and payable immediately.