On Wednesday, August 16, 2023, the Supreme Court of California disbarred attorney Frank Patrick Duncan. The court’s decision effectively bars Duncan from practicing law in the state, expunging his name from the roll of attorneys.
The case is entitled “In the Matter of Frank Patrick Duncan,” with case no. S280624.
According to the decision and order of involuntary inactive enrollment filed on April 25, 2023, Duncan faced charges related to his failure to comply with California Rules of Court, rule 9.20, non-compliance with the terms of his disciplinary probation, and various client-related misconduct in a specific case.
Duncan’s failure to respond to notices of disciplinary charges resulted in his default being entered. Subsequently, the Office of Chief Trial Counsel of the State Bar of California (OCTC) filed a petition for his disbarment under rule 5.85 of the Rules of Procedure of the State Bar.
The State Bar Court found that procedural requirements were met, as Duncan had received proper notice of the charges and ample opportunities to respond. Despite being aware of the proceedings, Duncan did not participate, leading to his default being entered. The State Bar Court considered Duncan’s three prior records of discipline, which included suspensions and reprovals.
The State Bar Court recommended Duncan’s disbarment, citing the seriousness of his violations, his prior disciplinary history, and his failure to participate in the proceedings. Additionally, the State Bar Court recommended monetary sanctions of $5,000 on Duncan, enforceable as a money judgment.
In its order, the Supreme Court accepted the State Bar Court’s recommendations and disbarred Duncan from the practice of law. He must comply with California Rules of Court, rule 9.20, within specified deadlines. Duncan is also required to pay $5,000 in monetary sanctions to the State Bar of California Client Security Fund. Costs are awarded to the State Bar and can be collected through legal means.
Prior to his disbarment, Mr. Duncan practiced law in Los Angeles, California, and held a valid license in the state. His info can be found on apps.calbar.ca.
An original copy of the filing can be found here.