Opinion
S271669
01-13-2022
SMITH ON DISCIPLINE
Recommended discipline imposed: disbarred
The court orders that STUART ALFRED SMITH (Respondent), State Bar Number 126369, 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 payee 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 payee, 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) Eric Hartley in the amount of $6,666.67 plus 10 percent interest per year from January 25, 2017; and
(2) Eric Hartley in the amount of $46,666.67 plus 10 percent interest per year from February 5, 2018.
Respondent 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.
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.