Sausalito, CA 94965
7 August 2004 | Resigned (20 years, 8 months ago) Resignation with charges pending 04-Q-12351 |
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28 May 2004 | Not eligible to practice law in CA (20 years, 11 months ago) Vol.inactive(tender of resign.w/charges) 04-Q-12351 |
27 January 2004 | Disciplinary charges filed in State Bar Court 03-N-04987 (21 years, 3 months ago) |
24 October 2003 | Not eligible to practice law in CA (21 years, 6 months ago) Discipline w/actual suspension 02-PM-14947 |
4 September 2003 | Not eligible to practice law in CA (21 years, 8 months ago) Suspended, failed to pass Prof.Resp.Exam 95-O-14783 |
30 May 2003 | Not eligible to practice law in CA (21 years, 11 months ago) Ordered inactive 02-PM-14947 |
4 September 2002 | Not eligible to practice law in CA (22 years, 8 months ago) Suspended, failed to pay fees |
19 July 2002 | Not eligible to practice law in CA (22 years, 9 months ago) Discipline w/actual suspension 95-O-14783 |
27 August 1997 | Disciplinary charges filed in State Bar Court 95-O-14783 (27 years, 8 months ago) |
12 December 1983 | Admitted to the State Bar of California (41 years, 4 months ago) |
October 24, 2003 STEVEN JOSEPH DUCA STUART [#111442], 47, of Sausalito The probation of was revoked, the previous stay of suspension was lifted and he was suspended for 18 months, stayed, placed on probation for five years with an actual 90-day suspension and was ordered to make restitution and comply with rule 955. Credit will be given for the actual suspension that began May 30, 2003. The order took effect Oct. 24, 2003. Stuart did not comply with probation conditions attached to a 2002 discipline: he filed the first probation report and financial declaration three months late and he did not make any restitution payments.Although Stuart said he had financial difficulties, the State Bar court did not find that his problems were extreme or beyond his control.The discipline was imposed for five acts of misconduct, including an unjust action with corrupt motive and without probable cause. The misconduct involved acts of moral turpitude.July 19, 2002 STEVEN JOSEPH DUCA STUART [#111442], 45, of Sausalito was suspended for 18 months, stayed, placed on five years of probation with a six-month actual suspension and was ordered to take the MPRE within one year and comply with rule 955. The order took effect July 19, 2002. The State Bar Court found that Stuart committed five acts of misconduct, including maintaining an action that was unjust or unwarranted with corrupt motive and without probable cause. His misconduct involved acts of moral turpitude.The case began with a dispute between two business partners, Larry Allred and Frederick L. Kennerly Jr., in 1988, according to the court's findings. Stuart represented Kennerly and soon became embroiled in the dispute himself, filing a series of lawsuits against Allred and his lawyer, Dwight Willard. When Stuart lost a month-long trial over the dissolution of the partnership and the sale of some property, he sued Allred, Willard and Willard's law firm in 1992. "And so began (Stuart's) vendetta against Willard in what respondent claimed to be a vigorous prosecution," wrote bar court Judge Eugene Brott.The court found that despite repeated findings and rulings against him by the superior court and the court of appeals, Stuart "was oblivious to defeat and maintains that he had done no wrong." Willard filed a malicious prosecution suit against Stuart and Kennerly."Between the two sides, a 12-year litigious war has waged on," the court wrote. Willard eventually won a judgment of $210,000 against Stuart and his client.Brott found that Stuart repeatedly filed lawsuits against Willard, alleging causes of action that were dismissed, and that his conduct significantly harmed Willard and caused him emotional distress and loss of income.Stuart "wasted considerable judicial time and resources with his unreasonable cross-complaint, amended cross-complaints and amended, supplemental and consolidated cross-complaint and appeals," Brott wrote. "He has yet to apologize to Willard for his malicious prosecution, make any payments on the judgment against him or recognize his wrongdoing in spite of being told to do so by several judges."In mitigation, Stuart has performed community activities and pro bono legal work and has continued to work for non-paying clients. |