In the Matter of Taylor
(Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 563

Overview

Attorney Harrison E. Taylor was disbarred after repeatedly practicing law while suspended for nonpayment of State Bar dues, deceiving clients, and failing to communicate or return unearned fees. The Review Department, per Judge Norian, modified and expanded the hearing referee’s findings to clarify the duties of suspended attorneys and the limits of discipline for acts committed during suspension. The opinion is a leading authority on the interplay between Business & Professions Code §6125 (unauthorized practice) and Rules of Professional Conduct concerning client communication and withdrawal.

Facts

Taylor had been suspended since September 1986 for failure to pay membership fees but continued to accept clients through at least 1988. In three separate matters, he took advance fees and performed minimal or no services:

• Count I – Tanaka: Taylor accepted $300 to defend a federal lawsuit. He met once with Tanaka, promised an amended complaint, but filed nothing. A default judgment for $118,000 issued against the client. Taylor never communicated again or refunded fees.
• Count II – Ruybalid: He accepted $2,000, obtained the client’s signature on a blank page later used to verify a complaint for accounting filed without her knowledge. Taylor never informed her of his suspension, never returned documents or funds, and ignored all calls. His use of a pre-signed verification was found to involve moral turpitude.
• Count III – Quetania: Taylor took $150 to seek release of a client’s son from juvenile custody. He performed no work, failed to communicate, and kept the fee.

In a fourth count, the State Bar alleged failure to cooperate in its investigation. The Review Department reversed this charge because there was no evidence that the Bar’s letters were sent to a valid address of record.

Legal Analysis

The Review Department undertook an independent review, finding the hearing referee’s original decision too vague. It held that:

• Suspended attorneys’ duty to stop practicing supersedes their duties of competent performance and non-prejudicial withdrawal under Rules 6-101(A)(2) and 2-111(A)(2).
• However, the duties to communicate with clients (Bus. & Prof. Code §6068(m)) and to refund unearned fees (Rule 2-111(A)(3)) continue during suspension, because they do not require practicing law.
• All advance fees received while suspended must be refunded in full; any agreement for legal services while suspended is illegal and void.
• Practicing law while suspended also constitutes a violation of §6103 (disobedience of court order) and a breach of the attorney’s oath under §6068(a).
• Deceiving a client by concealing one’s suspension or using a presigned verification constitutes moral turpitude under §6106.

The court also clarified that failure to pay membership dues is not itself disciplinary “misconduct,” but practicing while suspended is. It found aggravation in Taylor’s deceit, failure to protect clients, prior criminal probation violations, and nonparticipation in both current and prior proceedings.

Aggravation and Mitigation

Aggravating factors: concealment from clients, harm caused by defaults and lost fees, prior discipline for child-support convictions, and total indifference to disciplinary authority. Mitigation: none.

Holding and Discipline

The Review Department affirmed disbarment, finding Taylor’s repeated unauthorized practice, deception, and neglect evidenced a high risk of future misconduct. His continued representation during suspension and false representations to clients warranted removal from the profession. The court emphasized that attorneys who disregard suspension orders show “disdain for the rule of law” incompatible with membership in the bar.

Sanctions Table