On Wednesday, April 19, 2023, the Supreme Court of California disbarred attorney Michael David Welch for commingling personal funds in the client’s trust account.
The case is entitled “In the Matter of Michael David Welch,” and was brought by the State Bar with case no. s278469.
The charges cited Califonia Rules of Professional Conduct 1.15(c), and Business and Professions Code section 6068(i)(j).
In a notice of disciplinary charges against the respondent, it was stated that the respondent committed misconduct through four counts namely: Commingling of personal funds in the client trust account; payment of personal expenses from the client trust account; failure to cooperate in State Bar’s investigation; and failure to update official attorney address.
The notice of disciplinary charges states:
“On or about April 8, 2019, respondent did not promptly remove funds that respondent had earned as fees from respondent’s client trust account at U.S. Bank, account number XXXXXXXX4106, and issued the following check from those funds in respondent’s client trust account for the payment of the following personal expense.”
The notice of disciplinary charges continues:
“In or about December 11, 2020, respondent’s rental contract at 770 L St Ste 950, Sacramento, CA 95814 terminated, which was the address respondent maintained on the official attorney address records of the State Bar, and respondent thereafter failed to comply with the requirements of Business and Professions Code section 6002.”
The notice of disciplinary charges filed against the respondent also requires the same to submit a timely response to the said allegations. However, failing to answer, the State Bar filed a petition for disbarment against the respondent before the Supreme Hearing Department in San Francisco.
The petition states:
“The State Bar hereby petitions the State Bar Court for an order recommending respondent Michael David Welch’s disbarment after a default pursuant to rule 5.85 of the Rules of Procedure of the State Bar of California based upon respondent’s failure to file a timely response to the Notice of Disciplinary Charges and failure to have the default set aside or vacated within the time period prescribed.”
The Supreme Court of California decided to grant the petition thereby disbarring the respondent from the practice of law in the state of California.
The Disposition states:
“The court orders that Michael David Welch (Respondent), State Bar Number 1 11022, 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 this order is filed. (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. Welch attended the McGeorge School of Law, graduating in 1983. He practices in Sacramento, California. He is licensed in California. His info can be found on martindale.com.
A copy of the original filing can be found here.
