Attorney Gilbert Lynn Purcell has been placed on probation for one year. The order, dated August 2, 2023, was issued by the Supreme Court of California.

The case is entitled “In the matter of Gilbert Lynn Purcell,” and was brought by the State Bar with case no. S280327.

The charges against Purcell revolved around her failure to adhere to court orders. The charges pertained to Purcell’s alleged disregard for court orders issued on January 4, 2016, by Judge Hamilton. Purcell was accused of asking questions about certain medical conditions, despite the orders explicitly deeming such evidence inadmissible.

Furthermore, on March 7, 2016, the district court imposed monetary sanctions of $1,500 on Purcell for his conduct during the trial. The court expressed its dissatisfaction with Purcell’s behavior throughout the pretrial process, citing numerous abusive incidents that led to the issuance of eight pretrial orders.

Purcell issued his response to the said charges on October 19, 2021. In this response, Purcell addressed each allegation made against him. Purcell firmly denied any involvement in conduct that would have constituted a willful violation of rules or statutes warranting disciplinary action. However, he did admit the allegations presented in paragraph one. Regarding the second set of allegations, Purcell contended that the referenced pretrial order in Pooshs v. Philip Morris USA, et al. wasn’t considered a final and binding order. He asserted that he reasonably believed the court would consider various factors during the trial and issue appropriate rulings. Purcell further claimed that he had acted in good faith, maintaining that he believed he was adhering to the court’s directives. Finally, Purcell denied any willful violation of Business & Professions Code 6068(b) or any failure to respect the court during the trial of Pooshs v. Philip Morris, et al. He asserted that he had consistently displayed respect and civility towards the Court.

Following the response, the State Bar of California reached a stipulation with Purcell. This agreement, made in accordance with the Rules of Procedure of the State Bar of California, covered several key aspects of the case. Firstly, it reaffirmed the jurisdiction, confirming that Purcell had been a member of the State Bar of California since his admission to practice law on June 13, 1984. The parties also laid out their understanding of the stipulation, emphasizing its binding nature on all involved parties.

The stipulation outlined a detailed chronology of events related to the Pooshs Matter, highlighting key milestones from the initial complaint filing in 2004 to the Ninth Circuit Court of Appeals opinions in 2018. Additionally, both parties agreed on the authenticity of several exhibits, which included transcripts and court documents. These documents were considered as evidence in the proceedings, though both sides retained the right to argue their weight during the trial.

In accordance with the facts of the case, the Supreme Court of California decided to discipline Purcell by placing him on probation for one year, subject to two conditions.

The Disposition states:

“The court orders that Gilbert Lynn Purcell (Respondent), State Bar Number 1 13603, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and Respondent is placed on probation for one year subject to the following conditions:

1. Respondent must comply with the other conditions of probation recommended by the Review Department of the State Bar Court in its Opinion filed on April 14, 2023; and

2. At the expiration of the period of probation, if Respondent has complied with the terms of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.”

Mr. Purcell is a personal injury attorney in Novato, California. He is licensed in California with license no. 113603. His info can be found on avvo.com.

A copy of the original filing can be found here.