On Wednesday, January 18, 2023, the Supreme Court of Califonia disbarred attorney Steven Lee Rodriguez for commingling of client’s funds.

The case is entitled “In the matter of Steven Lee Rodriguez and was brought by the Florida Bar with case no. S277361.

The charges cited Rules of Professional Conduct 3-310(F), 1.15(a)(c)(d)(3) and Business and Professions Code Section 6106 which state:

By accepting $2,500 on April 3, 2018, from Parker’s sister, a third – party, as compensation for representing the respondent’s client Parker, without obtaining his client’s informed written consent to receive such compensation.

By intentionally re-moving and using $ 33,856.44 in funds belonging to Parker for his own purposes, which were on deposit in his client’s trust account and to which Parker was entitled, the respondent, misappropriated funds belonging to his client, and thereby committed an act of moral turpitude.

By failing to maintain the balance of $3 3, 8 56.54 in his client trust account on behalf of his client, Parker, between October 21, 201 9 and January 28, 2020.

By failing to maintain the balance of $4,963.46 in his client trust account on behalf of Judgement Recovery Assistance, a lien holder in Parker’s matter, between October 15, 2019, and October 18, 2019.

By intentionally making multiple oral and written misrepresentations to Parker that the respondent was unable to distribute Parker’s settlement funds due to an attorney fee lien asserted by Parker’s former attorney when the respondent knew those statements were false and misleading, and when the respondent had already misappropriated Parker’s settlement funds, respondent committed an act of moral turpitude.

By failing to maintain the balance of $31,163.28 in his client trust account on behalf of U.C., between January 28, 2020, and February 4, 2020.

By issuing payment of personal expenses from funds in the respondent’s client trust account four times between September 9, 2019, and September 23, 2019, the respondent commingling funds.

By depositing personal funds belongıng to the respondent into the respondent’s client trust account eight times between November 19, 2019, and June 29, 2020, the respondent commingling funds.

By failing to maintain a written client trust account journal, written client ledger, or monthly reconciliation, and thereby failing to maintain complete records of all funds, securities, and other properties of his clients coming into his possession from October 1, 2019, to present.

On October 13, 2022, the State Bar of California issued a Stipulation of Facts, Conclusions of Law, and Disposition and Order approving: Order of Involuntary Inactive enrollment. It stated that the respondent committed the following violations: Acceptance of Fees from a Third Party without informed consent from the client, intentional misappropriation of client’s funds, intentional misrepresentation to the client regarding respondent’s inability to distribute funds, failure to maintain fund’s trust of the client, and commingling of funds,.

The filing states:

“On April 3, 2018, Parker’s sister made a payment to the respondent on behalf of Parker in the amount of $2,500. Respondent knew the payment was from an individual other than his client and failed to obtain informed written consent from his client Parker.

On November 19, 2019, the respondent caused his CTA balance to decrease to $0.10, which was $33,856.44 less than the $33,856.54 net settlement proceeds that the respondent was required to maintain in his CTA on behalf of Parker. Between October 21, 2019, and November 19, 2019, the respondent, in multiple transactions, transferred $33,856.44 of Parker’s net settlement proceeds in the total amount of $33,856.54 from his CTA to his Business Account.”

The filing continues:

“Between November 19, 2019, and June 29, 2020, the respondent deposited funds belonging to the respondent into the respondent’s CTA on eight occasions. From October 10, 2019, to the present, the respondent did not maintain a written client trust account journal, written client ledgers, or monthly reconciliations of the client trust account journal and client ledgers.”

According to the Court, the respondent had committed multiple acts of Professional Misconduct and the most severe sanction applicable to such is disbarment for it is the presumed sanction for intentional or dishonest misappropriation of entrusted funds or property. Moreover, the multiple acts committed by the respondent that involve misappropriation, misrepresentations, and other serious ethical violations show that the respondent is unwilling to conform to his conduct as required by the ethical duties of attorneys. Thus, the Court Ordered the disbarment of the respondent.

The Disposition states:

“The court orders that Steven Lee Rodriguez (Respondent), State Bar Number 199313, is disbarred from the practice of law in California and that Respondent’s name is stricken from the roll of attorneys.

The respondent must comply with California Rules of Court, rule 9.20, and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the date of this order. (Athearn v. State Bar (1982) 32 Cal.3d 38, 45 [the operative date for identification of clients being represented in pending matters and others to be notified is the filing date of this order].)”

Mr. Rodriguez attended the University of Santa Clara, graduating in 1997. Rodriguez practices in Calabasas, California. His info can be found on martindale.com.

A copy of the original filing can be found here.