Overview

Attorney Joseph Patrick Collins was disciplined for willfully disobeying five civil court sanctions orders issued during discovery in a breach of contract case. Although Collins stipulated to the facts and culpability, the hearing judge dismissed the matter, finding the sanctions were not binding because he was not personally named. The Review Department reversed, holding Collins was bound by his stipulation and had actual notice of the orders, which were final and binding. The court imposed a 30-day actual suspension and two years’ probation for violating Business and Professions Code §6103.

Facts

• Collins represented Martin Caverly in a civil action for breach of contract in Los Angeles Superior Court.
• Between March and July 2015, the court granted five motions to compel discovery and ordered sanctions totaling $6,300 against Caverly and the Law Offices of Joseph P. Collins, jointly and severally.
• Collins was served with all motions and orders but neither responded nor appeared at hearings, following his client’s instruction to minimize expenses.
• When discovery was ignored, the court entered terminating sanctions and default judgment against Caverly.
• Collins did not pay the sanctions or seek reconsideration or appeal.

Procedural Background

• The Office of Chief Trial Counsel (OCTC) charged Collins with five counts of violating §6103 for disobedience of court orders.
• Collins stipulated to the facts and culpability but proceeded to trial on aggravation and mitigation.
• The hearing judge dismissed the case sua sponte, reasoning that the sanctions orders were void or voidable.
• The Review Department reversed, enforcing the stipulation and finding that the orders were final and binding.

Holding and Reasoning

• Collins had actual notice of all five sanctions orders and did not challenge them in the courts of record.
• He was personally responsible for compliance or for seeking relief; simply ignoring them violated §6103.
• The Review Department emphasized that attorneys cannot collaterally attack superior court orders in State Bar proceedings.
• The stipulation that Collins was individually liable was binding under Rule 5.58(G).
• Given multiple violations and lack of payment, a period of actual suspension was deemed necessary to protect the public.

Aggravation and Mitigation

• Aggravation: Multiple acts of misconduct (five separate court order violations).
• Mitigation: 22 years of discipline-free practice and full cooperation with OCTC.
• Despite mitigation, the Review Department found the violations serious and not minor, warranting actual suspension.

Sanctions & Disposition Table

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