On Wednesday, April 18, 2023, the Supreme Court of California suspended attorney Hamid Safavi for his failure to inform the client about receiving settlement funds.
The case is entitled “In the matter of Hamid Safavi” with case no. 23-0-30598.
According to the stipulation of facts, conclusions of law, and disposition and order, dated January 6, 2023, the respondent, while representing a client in a personal injury matter, failed to inform the client and lienholders about receiving the settlement funds, and when inquired, falsely claimed that he did not receive the check. The client made several inquiries about the status of the settlement check, but the respondent failed to respond.
The Stipulation of Facts states:
“At all relevant times, the respondent failed to promptly inform the client and the lienholders of his receipt of the $8,000 settlement funds. On November 19, 2019, the client sent an email to the respondent, inquiring about the status of the settlement check. The next day, on November 20, 2019, the respondent misrepresented to the client that the respondent had not received the settlement check, thereby concealing his receipt and disbursement of the settlement funds. Between December 9, 2019, and January 14, 2020, the client sent the respondent four emails and two letters inquiring about the status of the settlement check. Respondent received these inquiries but failed to respond.”
The Stipulation of Facts continues:
“However, given the serious nature of the respondent’s misconduct, a significant period of actual suspension is appropriate. Further, given the nature, scope, and duration of the respondent’s misconduct, the respondent will be required to undertake steps to audit his entrusted client funds with a Certified Public Accountant and show satisfactory proof to the State Bar Court of his rehabilitation, fitness to practice, and present learning and ability in the general law pursuant to Standard 1.2(c)(1) before he is able to be relieved from the actual suspension. Thus, in light of the respondent’s serious misconduct, the aggravating and mitigating circumstances surrounding it, and the applicable standard, a discipline consisting of a two-year suspension, stayed, and two years of probation.”
In the notice of disciplinary charges against the respondent, the same was charged with five counts of misconduct; failure to deposit funds in a trust account, misappropriation, failure to inform the client of significant developments, and failure to distribute funds to the client, and failure to cooperate in state bar investigation.
Taking into account the facts presented earlier, the Supreme Court of California made the decision to impose a suspension on the respondent, effectively prohibiting him from practicing law. This action was taken in response to the misconduct and violations described above.
The Disposition states:
“The court orders that Hamid Safavi (Respondent), State Bar Number 290252, is suspended from the practice of law in California for two years, execution of that period of suspension is stayed, and Respondent is placed on probation for two years.”
Mr. Safavi practices in Sherman Oaks, California. He is licensed in California. His info can be found on lawyersjustia.com.
A copy of the original filing can be found here.