Opinion
S235946
10-12-2016
JORGENSEN ON DISCIPLINE
Petition for review denied; recommended discipline imposed
The petition for review is denied.
The court orders that BARRY STEVEN JORGENSEN, State Bar Number 79620, 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 two years subject to the following conditions:
1. BARRY STEVEN JORGENSEN 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 requirements are satisfied:
a. He makes restitution to the following individuals (or to the Client Security Fund to the extent of any payment from the Fund to any of them, in accordance with Business and Professions Code section 6140.5);
i. Delfino Ramirez in the amount of $5,250 plus 10 percent interest per year from April 8, 2012; and
ii. Heriberto and Maria Garcia in the amount of $20,995 plus 10 percent interest per year from December 21, 2012; and
iii. Angelina and Luis Maldonado in the amount of $9,295 plus 10 percent interest per year from August 23, 2012; and
iv. Michael Herrera in the amount of $10,645 plus 10 percent interest per year from April 17, 2012; and
v. Consuelo Sanchez de Uribe in the amount of $15,450 plus 10 percent interest per year from August 24, 2012.
b. If he remains suspended for two years or more as a result of not satisfying the preceding conditions, 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. BARRY STEVEN JORGENSEN must also comply with the other conditions of probation recommended by the Review Department of the State Bar Court in its opinion filed on May 10, 2016.
3. At the expiration of the period of probation, if BARRY STEVEN JORGENSEN has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
BARRY STEVEN JORGENSEN 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 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).)
BARRY STEVEN JORGENSEN 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.