Opinion
S262869
10-14-2020
HAYNES ON DISCIPLINE
Petition for review denied; recommended discipline imposed
The petition for review is denied. The court orders that GREGORY MELVIN HAYNES, State Bar number 111574, 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. Actual Suspension. GREGORY MELVIN HAYNES is suspended from the practice of law for the first nine months of his probation.
2. Review Rules of Professional Conduct. Within 30 days after the effective date of this order, HAYNES must (1) read the California Rules of Professional Conduct and Business and Professions Code sections 6067, 6068, and 6103 through 6126, and (2) provide a declaration, under penalty of perjury attesting to his compliance with this requirement, to the State Bar Office of Probation in Los Angeles (Office of Probation) with his first quarterly report.
3. Comply with State Bar Act, Rules of Professional Conduct, and Probation Conditions. HAYNES must comply with the provisions of the State Bar Act, the Rules of Professional Conduct, and all of the conditions of his probation.
4. Maintain Valid Official State Bar Record Address and Other Required Contact Information. Within 30 days after the effective date of this order, HAYNES must make certain that the State Bar Attorney Regulation and Consumer Resources Office (ARCR) has his current office address, email address, and telephone number. If he does not maintain an office, he must provide the mailing address, email address, and telephone number to be used for State Bar purposes. He must report, in writing, any change in the above information to the ARCR, within 10 days after such change, in the manner required by that office.
5. Meet and Cooperate with Office of Probation. Within 15 days after the effective date of this order, HAYNES must schedule a meeting with his assigned probation case specialist to discuss the terms and conditions of his discipline and, within 30 days after the effective date of this order, must participate in such meeting. Unless otherwise instructed by the Office of Probation, he may meet with the probation case specialist in person or by telephone. During the period of probation, he must promptly meet with representatives of the Office of Probation as requested by it and, subject to the assertion of applicable privileges, must fully, promptly, and truthfully answer any inquiries by it and provide to it any other information requested by it.
6. State Bar Court Retains Jurisdiction/Appear Before and Cooperate with State Bar Court. During HAYNES's probation period, the State Bar Court retains jurisdiction over him to address issues concerning compliance with probation conditions. During this period, he must appear before the State Bar Court as required by the court or by the Office of Probation after written notice mailed to his office membership address as provided above. Subject to the assertion of applicable privileges, HAYNES must fully, promptly, and truthfully answer any inquiries by the court and must provide any other information the court requests.
7. Quarterly and Final Reports.
a. Deadlines for reports. HAYNES must submit written quarterly reports to the Office of Probation no later than each January 10 (covering October 1 through December 31 of the prior year), April 10 (covering January 1 through March 31), July 10 (covering April 1 through June 30), and October 10 (covering July 1 through September 30) within the period of probation. If the first report would cover less than 30 days, that report must be submitted on the next quarter date and cover the extended deadline. In addition to all quarterly reports, HAYNES must submit a final report no earlier than 10 days before the last day of the probation period and no later than the last day of the probation.
b. Contents of Reports. HAYNES must answer, under penalty of perjury, all inquiries contained in the quarterly report form provided by the Office of Probation, including stating whether he has complied with the State Bar Act and the Rules of Professional Conduct during the applicable quarter or period. All reports must be (1) submitted on the form provided by the Office of Probation; (2) signed and dated after the completion of the period for which the report is being submitted (except for the final report); (3) filled out completely and signed under penalty of perjury; and (4) submitted to the Office of Probation on or before each report's due date.
c. Submission of Reports. All reports must be submitted by: (1) fax or email to the Office of Probation; (2) personal delivery to the Office of Probation; (3) certified mail, return receipt requested, to the Office of Probation (postmarked on or before the due date); or (4) other tracked-service provider, such as Federal Express or United Parcel Service, etc. (physically delivered to such provider on or before the due date).
d. Proof of Compliance. HAYNES is directed to maintain proof of his compliance with the above requirements for each report for a minimum of one year after either the period of probation or the period of his actual suspension has ended, whichever is longer. He is required to present such proof upon request by the State Bar, the Office of Probation, or the State Bar Court.
8. State Bar Ethics School. Within one year after the effective date of this order, HAYNES must submit to the Office of Probation satisfactory evidence of completion of the State Bar Ethics School and passage of the test given at the end of that session. This requirement is separate from any Minimum Continuing Legal Education (MCLE) requirement, and he shall not receive MCLE credit for attending that session. If he provides satisfactory evidence of completion of the Ethics School after the date of the State Bar Review Department opinion but before the effective date of this order, he will nonetheless receive credit for such evidence toward his duty to comply with this condition.
9. Commencement of Probation/Compliance with Probation Conditions. The period of probation will commence on the effective date of this order. At the expiration of the period of probation, if HAYNES has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
GREGORY MELVIN HAYNES must also take and pass the Multistate Professional Responsibility Examination (MPRE) within one year of the effective date of this order and provide satisfactory proof of such passage to the State Bar Office of Probation within the same period. Failure to do so may result in automatic suspension. (Cal. Rules of Court, rule 9.10(b).) If he provides satisfactory evidence of completion of taking and passage of the MPRE after the date of the State Bar Review Department opinion but before the effective date of this order, he will nonetheless receive credit for such evidence toward his duty to comply with this condition. GREGORY MELVIN HAYNES must also comply with the 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. He must file a rule 9.20(c) affidavit even if he has no clients to notify on the date this order is filed.
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. Unless time for payment of discipline costs is extended pursuant to Business and Professions Code section 6086.10, subdivision (c), costs assessed against an attorney who is actually suspended or disbarred must be paid as a condition of reinstatement or return to active status.