Silva-Vidor v. State Bar

782 P.2d 680, 49 Cal. 3d 1071, 264 Cal. Rptr. 439, 1989 Cal. LEXIS 2096
CourtCalifornia Supreme Court
DecidedDecember 11, 1989
DocketNo. S008142
StatusPublished
Cited by3 cases

This text of 782 P.2d 680 (Silva-Vidor v. State Bar) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Silva-Vidor v. State Bar, 782 P.2d 680, 49 Cal. 3d 1071, 264 Cal. Rptr. 439, 1989 Cal. LEXIS 2096 (Cal. 1989).

Opinions

[1073]*1073Opinion

THE COURT.

We review the recommendation of the majority of the Review Department of the State Bar Court (review department) that petitioner Barbara Jean Silva-Vidor be suspended for five years, that the order of suspension be stayed, and that she be placed on probation for five years subject to certain conditions. Recommended conditions of probation include actual suspension from the practice of law for two years.

Silva-Vidor’s only contention is that the two-year actual suspension recommended by the review department is too harsh, given the mitigating circumstances. She argues that 30 days’ actual suspension, as was recommended by the hearing referee, would be more appropriate. We conclude that 30 days’ actual suspension is inadequate in light of the seriousness of Silva-Vidor’s misconduct. On the other hand, the review department’s recommendation of two years’ actual suspension is unnecessarily harsh given the significant mitigating circumstances. Consequently, we impose a one-year actual suspension.

Facts

Barbara Jean Silva-Vidor was admitted to the State Bar on May 31, 1979, and currently practices law in Los Angeles. She entered into a stipulation regarding the facts of this case. The stipulation indicates that Silva-Vidor’s actions or failures to act affected some 14 clients. Although Silva-Vidor’s earliest act of misconduct occurred in mid-1981 and her latest in early 1987, most of the violations took place between 1982 and 1984, while she was working as a sole practitioner.

Silva-Vidor stipulated to the following acts of misconduct:

1. As to seven clients, willful withdrawal from employment without taking reasonable steps to avoid prejudice to her clients, including failure to notify them and to deliver to them all papers and property to which they were entitled, in violation of her duties under Rules of Professional Conduct, rule 2-111(A)(2).1
2. As to six clients, willful failure to promptly return fees that had been paid in advance and that she had not earned, in violation of rule 2-111(A)(3).2
[1074]*10743. As tp some 13 clients, willful and repeated failure to competently perform legal services, in violation of rule 6-101(A)(2).
4. As to two clients, willful failure to hold advance payments for costs and expenses in an identifiable client trust account, in violation of rule 8-101(A). '
5. As to one client, willful failure to render an accounting of funds she held on behalf of the client, in violation of rule 8-101(B)(3). (The client, however, had actual knowledge of all disbursements that were made.)
6. As to two clients, willful failure to promptly pay or deliver funds she held upon,their behalf, in violation of rule 8-101(B)(4). The total amount of money misappropriated from these two clients was $760.
7. As to three clients, willful commission of acts involving moral turpitude, dishonesty, or corruption, in violation of Business and Professions Code section 6106.
8. Willful practice of law from August 1, 1983, until January 2, 1987, in the State of California with knowledge that she was suspended from the practice of law during this period for failing to pay membership fees to the State Bar,, in violation of Business and Professions Code section 6125.
9. By the above violations, a willful violation of her duty to support the Constitution and laws of the State of California, as required in Business and Professions Code section 6068, subdivision (a), and of her oath and duties as an attorney, in violation of Business and Professions Code section 6103.

A hearing was held on December 7, 1987, for the sole purpose of determining the! appropriate discipline. At the hearing, Silva-Vidor testified that she had grown up in a troubled home environment and had obtained an education, while supporting herself, with governmental assistance. The evidence elicited at the hearing also established that between 1981 and 1984, the time during which most of the serious misconduct occurred, Silva-Vidor experienced severe financial and emotional problems that interfered with her ability to practice law. Silva-Vidor’s psychological, physical and financial deterioration apparently began around 1981, when she married Dennis K. According to Silva-Vidor, K. used drugs extensively during the marriage and abandoned her and her children every six weeks or so.

In 1983 petitioner’s professional association with another attorney ended, which apparently further contributed to her deterioration. Silva-Vidor testified that during this time she became increasingly depressed and physical[1075]*1075ly withdrawn and would sometimes not leave her house for days at a time. With the help of a friend, Silva-Vidor sought the assistance of a psychiatrist, who diagnosed her as being severely depressed and recommended further counseling. For financial reasons, Silva-Vidor discontinued counseling after a few sessions.

Silva-Vidor testified that in 1984 her financial and emotional problems were exacerbated by a series of incidents. In the early part of that year she was involved in an automobile accident in which she dislocated her jaw. For a year and a half, she had to wear a mouth appliance to hold her jaw in place and she suffered severe headaches.

In May 1984, Silva-Vidor discovered both that she was pregnant with her third child and that her husband had a tumor near his brain. The next month her husband’s tumor was removed. That same month Silva-Vidor and her husband permanently separated. After the separation, Silva-Vidor’s husband contributed nothing to the financial support of Silva-Vidor or her children.

Later in 1984 Silva-Vidor suffered a slip-and-fall accident and, on the same day, fell while alighting from a bus. She sought medical treatment for her injuries and was bedridden for a few days. She testified that these events caused her to become more depressed.

In August 1984, Silva-Vidor suffered another slip-and-fall accident, resulting in a concussion, head and back trauma, and torn ligaments in her right leg. In addition, her five-month-old fetus experienced some fetal stress. As a result of the accident, Silva-Vidor was hospitalized for approximately a week, was forced to remain in bed after returning home and wore a cast on her leg for almost two months. Her financial situation worsened, and she was living in substandard housing. She testified that during this time she became suicidal and totally withdrawn. Ultimately, she contacted a suicide hot line and was referred to a licensed clinical social worker, who described Silva-Vidor as being very depressed, as having very low energy, as being socially withdrawn and as periodically having suicidal thoughts.

In December 1984, Silva-Vidor gave birth to her third child, who was diagnosed as suffering from a form of cerebral palsy. Silva-Vidor stated that she administered physical therapy to the baby at home. During this period she was still receiving no financial help from her estranged husband, and was waiting on tables and doing bookkeeping to support herself and her children.

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Related

Sugarman v. State Bar
798 P.2d 843 (California Supreme Court, 1990)
Matter of Addams
579 A.2d 190 (District of Columbia Court of Appeals, 1990)

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Bluebook (online)
782 P.2d 680, 49 Cal. 3d 1071, 264 Cal. Rptr. 439, 1989 Cal. LEXIS 2096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-vidor-v-state-bar-cal-1989.