In the Matter of Harold Gene Collins (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 1
Summary of Misconduct
Respondent Harold Gene Collins stipulated to professional misconduct in 14 separate client matters over six years. He repeatedly accepted employment, performed minimal services, failed to act at critical stages, and then abandoned his clients. Eight clients lost their causes of action due to inaction. Collins also failed to account for or refund over $17,000 in unearned fees and costs and misappropriated most of the funds advanced for costs.
While the hearing judge initially found no moral turpitude and recommended a five-year stayed suspension with two years actual, the Review Department independently found that Collins’s overall pattern of misconduct constituted moral turpitude and that only disbarment would adequately protect the public.
Sanctions Table
| Violation | Conduct | Mitigation | Aggravation | Outcome |
|---|---|---|---|---|
| Failure to perform and communicate (14 matters) | Habitual neglect and abandonment of clients; eight cases lost entirely due to inaction. | Cooperation with Bar; no prior discipline; candor; attempts to reform practice. | Pattern over six years; harm to multiple clients; lack of timely restitution; likelihood of recurrence. | Found to involve moral turpitude; disbarment recommended. |
| Misappropriation of client funds | Over $17,000 in client advances for fees and costs misused or unreturned. | None substantial; restitution not made until proceedings began. | Multiple misappropriations; failure to account or return funds; continued misconduct despite awareness. | Disbarment required under Standard 2.2(a). |
| Failure to supervise staff | Delegated client contact and fund handling to untrained employee who misused funds and concealed messages. | Later recognized need for better office management and psychological counseling. | Failure continued even after recognizing management issues. | Aggravating factor supporting disbarment. |
| Failure to make restitution | Owed $12,176 in client refunds; had means but delayed payments for years. | Promised future repayment; minimal restitution by time of hearing. | Indifference to client harm; delayed action despite ability to pay. | Major aggravation; undermined mitigation. |
| Final Sanction | Pattern of moral turpitude, neglect, and misappropriation spanning most of nine-year practice. | None sufficient to overcome public protection concerns. | Serious harm to eight clients; repeated misconduct after warnings. | Disbarment; name stricken from roll of attorneys. |
Holding and Significance
The Review Department held that even if individual acts lacked intent, the pattern of neglect, client abandonment, and misappropriation amounted to moral turpitude. The decision emphasized that protection of the public, not punishment, governs discipline. Because Collins’s misconduct became habitual, harmed many clients, and continued after awareness of his failings, suspension was deemed inadequate. The court ordered disbarment to safeguard the integrity of the profession.
Tags
Citation: In the Matter of Harold Gene Collins (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 1.