On Wednesday, March 22, 2023, the Supreme Court of California disbarred attorney Yu-Ching Tu for multiple violations of professional conduct. The case is entitled “In the Matter of Yu-Ching Tu,” and was brought by the State Bar of California with case no. S278241.

The charges cited California Rules of Professional Conduct, former rule 3-310(B)(4), 3-310(C)(1)(2), 3-300, 3-410(A), Business and Professions Code, section 6106, 6068(a), and 6068(o)(2). 

On August 1, 2022, the State Bar of California filed a notice of disciplinary charges against the respondent alleging 13 counts of misconduct namely; conflict of interest, potential conflict in representing multiple clients, actual conflicts, a business transaction with a client, failure to disclose lack of malpractice insurance, failure to perform with competence, moral turpitude through misrepresentation, breach of fiduciary duty, and failure to report judgment.

The Notice of Specification charges states:

“Respondent also had a financial interest in two ARCO gas station properties located in the state of Washington that was selected by Ms. Xin and Ms. Li for investment. Respondent failed to provide Ms. Xin with written disclosure of his relationship to Ms. Li, his ownership interest in ATLI Enterprises, LLC, or of his financial interest in the two properties. As such, the respondent failed to provide written disclosure to the client that the respondent had a personal, business, or financial interest in the subject matter of the representation, in willful violation of Rules of Professional Conduct, former rule 3-310 (B)(4).”

The Notice of Specification charges continues:

“Beginning in or about August 2013, Xuanqiu (Rachel) Xin employed respondent to perform legal services, namely to represent her and her corporate entities SoCal Evergy, Inc., Antron LLC, Antron Inc., and/or Sun Forest LLC related to Ms. Xin’s efforts to invest in or purchase American businesses or properties. At that time, the respondent lacked professional malpractice insurance and it was reasonably foreseeable that his employment by Ms. Xin would require more than four hours of representation. Respondent never disclosed his lack of professional malpractice insurance to Ms. Xin in writing.”

The Notice of Specification charges additionally note:

“By engaging in self-dealing (including self-interested business transactions with his client Xuanqiu (Rachel) Xin and her corporate entities SoCal Evergy, Inc., Antron LLC, Antron Inc., and/ or Sun Forest LLC ); by engaging in fraudulent conduct and the reckless disregard for his client s’ interests (including making material misrepresentations to his Ms. Xin and using his position of friendship and a s an attorney to assist in a scheme to defraud his client s); and by possessing unaddressed conflicts of interest (including through his joint representation of Xuanqiu (Rachel) Xin and her corporate entities SoCal Evergy, Inc., Antron LLC, Antron Inc.”

In response to the allegations, the respondent filed an answer on August 31, 2022, wherein he denied all the allegations.

Despite his affirmative defenses and answers to the multiple violations of the Rules of Professional Conduct and Business and Profession Code, the court still decided to disbar the respondent from the practice of law.

The order states:

“The court orders that Yu-Ching Tu (Respondent), State Bar Number 280208, is disbarred from the practice of law in California and that Respondent’s name is stricken from the roll of attorneys.”

Mr. Yu Ching-Tu attended the Pepperdine University School of Law. He is licensed in California. His info can be found on martindale.com.

A copy of the original filing can be found here.