Opinion
S232259
05-18-2016
GUSTIN ON DISCIPLINE
Recommended discipline imposed
The court orders that DALE IRVING GUSTIN, State Bar Number 76642, 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 three years subject to the following conditions:
1. DALE IRVING GUSTIN 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 pays the following sanctions and attorney fees and costs (or reimburses the Client Security Fund, to the extent of any payment from the Fund to the payees, in accordance with Business and Professions Code section 6140.5), and furnishes proof to the State Bar Office of Probation in Los Angeles:
(1) the $4,115 sanctions award issued on March 11, 2010 by the Superior Court of the County of San Luis Obispo, plus 10 percent interest per year from March 11, 2010; and
(2) the $3,623 and $1,000 sanctions awards issued on May 26, 2011 by the Superior Court of the County of San Luis Obispo, plus 10 percent interest per year from May 26, 2011.
b. If he remains suspended for two years or more as a result of not satisfying the preceding requirements, 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. DALE IRVING GUSTIN must also comply with the other conditions of probation recommended by the Review Department of the State Bar Court in its Opinion filed on December 16, 2015.
3. At the expiration of the period of probation, if DALE IRVING GUSTIN has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
DALE IRVING GUSTIN must also take and pass the Multistate Professional Responsibility Examination within one year of 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).)
DALE IRVING GUSTIN 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.
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.