Opinion
S231413
04-29-2016
van SICKLE ON DISCIPLINE
Recommended discipline imposed
The court orders that BARRY L. van SICKLE, State Bar Number 98645, 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. BARRY L. van SICKLE is suspended from the practice of law for a minimum of two years of probation, and he will remain suspended until the following conditions are satisfied:
i. He makes restitution to Tiziano Lugli and Jamie Sorrentini in the amount of $6,500 plus 10 percent interest per year from July 29, 2010 (or reimburses the Client Security Fund, to the extent of any payment from the Fund to Tiziano Lugli and Jamie Sorrentini, in accordance with Business and Professions Code section 6140.5) and furnishes satisfactory proof to the State Bar's Office of Probation in Los Angeles; and
ii. He provides proof to the State Bar Court of his rehabilitation, fitness to practice and 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 L. van SICKLE 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 October 20, 2015.
3. At the expiration of the period of probation, if BARRY L. van SICKLE has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
BARRY L. van SICKLE 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).)
BARRY L. van SICKLE 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-third of the costs must be paid with his membership fees for each of the years 2017, 2018, and 2019. If BARRY L. van SICKLE 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.