Opinion
S282199
01-05-2024
McFARLIN ON DISCIPLINE
Recommended discipline imposed: disbarred
The court orders that TIMOTHY GEORGE McFARLIN (Respondent), State Bar Number 223378, is disbarred from the practice of law and that Respondent's name is stricken from the roll of attorneys.
Respondent must make restitution to the following payees or such other recipient as may be designated by the Office of Probation or the State Bar Court (or reimburse the Client Security Fund, to the extent of any payment from the Fund to such payees, in accordance with Business and Professions Code section 6140.5). Reimbursement to the Fund is enforceable as a money judgment and may be collected by the State Bar through any means permitted by law:
1. Tyson Mark Paulis in the amount of $10,000 plus 10 percent interest per year from July 21, 2022;
2. Elizabeth Giannuzzi in the amount of $8,000 plus 10 percent interest per year from August 10, 2022; and
3. Elaine Yu in the amount of $5,000 plus 10 percent interest per year from July 29, 2022. Respondent must comply with California Rules of Court, rule 9.20, and perform the acts specified in (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the date this order is filed. (Athearn v. State Bar(1982) 32 Cal.3d 38, 45 [the operative date for identification of clients being represented in pending matters and others to be notified is the filing date of this order].)
Respondent must pay monetary sanctions to the State Bar of California Client Security Fund in the amount of $5,000 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.