On Wednesday, December 28, 2022, the Supreme Court of Florida ruled on the Decision and Order of Involuntary Inactive Enrollment filed by the State Bar concerning the disciplinary charges against Santa Cruz attorney Michelle Ellen Anderson.
The case is styled In the Matter of Michelle Ellen Anderson and was brought by the Office of Chief Trial Counsel of the State Bar of California (OCTC), Case No. SBC-21-O-30767-CV.
The charges cited Rules of Professional Conduct 1.15(d)(4), 1.16)(e)(1), and 1.16(e)(2).
Anderson was alleged to have violated these rules by:
failing to render an accounting to Respondent’s clients following termination of representation and the clients’ repeated requests for an accounting;
failing to promptly release her clients’ materials and property upon termination of Respondent’s representation; and
failing to return promptly to the clients, upon termination of Respondent’s representation and the clients’ repeated requests for a refund.
Ms. Anderson was charged with 16 counts of professional misconduct in four separate client matters. She was deemed in default due to her failure to file a response to the notice of disciplinary charges filed against her.
Thereafter, the OCTC sought Ms. Anderson’s disbarment pursuant to Rule 5.85, which states:
. . .when an attorney fails to participate in a disciplinary proceeding after receiving adequate notice and opportunity. The rule provides that if an attorney’s default is entered for failing to respond to the NDC, and the attorney fails to have the default set aside or vacated within 90 days, OCTC must file a petition requesting that the court recommend the attorney’s disbarment.”
The Supervising Judge of the State Bar Court, then ruled for the Involuntary Inactive Enrollment of Ms. Anderson by an Order dated July 1, 2022.
Accordingly, the Supreme Court disbarred Ms. Anderson from the practice of law and struck her name out from the roll of attorneys in relation to her violation of the rules of professional conduct as charged.
Ms. Anderson was further ordered to make restitution to some of his clients, to comply with California Rules of Court, rule 9.20, and to pay monetary sanctions to the State Bar in the amount of $5,000.
Ms. Michelle Ellen Anderson earned her Juris Doctor degree from the University of California, Berkeley – School of Law. Prior to this disbarment, she practiced in Santa Cruz, California. She had been licensed in California, license no. 275928. Her info can be found on LinkedIn.
A copy of the Order of Disbarment can be found here.