Opinion
S247318
05-10-2018
LIVINGSTON ON DISCIPLINE
Recommended discipline imposed
The court orders that DAVID MICHAEL LIVINGSTON, State Bar Number 204347, is suspended from the practice of law in California for three years, execution of that period of suspension is stayed, and he is placed on probation for three years subject to the following conditions:
1. DAVID MICHAEL LIVINGSTON is suspended from the practice of law for a minimum of the first two years of probation (with credit for the period of interim suspension beginning September 5, 2017), and he will remain suspended until he provides proof to the State Bar Court of his 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. DAVID MICHAEL LIVINGSTON 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 January 3, 2018.
3. At the expiration of the period of probation, if DAVID MICHAEL LIVINGSTON has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
DAVID MICHAEL LIVINGSTON must also take and pass the Multistate Professional Responsibility Examination during the period of his suspension 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).)
DAVID MICHAEL LIVINGSTON 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. One-half of the costs must be paid with his membership fees for each of the years 2019 and 2020. If DAVID MICHAEL LIVINGSTON fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.