August 30, 2014 EDWARD MATHIEU HIGGINBOTHAM [#231636], 38, of San Francisco, was suspended from the practice of law for 60 days and ordered to take the MPRE. He was also placed on two years’ probation and faces a two-year suspension if he does not comply with the terms of his probation. The order took effect Aug. 30, 2014. Higginbotham stipulated to misconduct in one client matter: failing to perform legal services with competence and moral turpitude. In 2008, Higginbotham was hired to litigate a dental malpractice claim and was paid $1,250 in advanced fees. Higginbotham was aware at the time that the statute of limitations had lapsed. In September and October of that year Higginbotham sent demand letters to the dentist’s insurance company but did not perform any additional work on the matter.Between May 3, 2011 and February 2012, Higginbotham sent the client a series of emails claiming that a settlement had been negotiated and that settlement checks were forthcoming. Higginbotham ultimately sent the client a $6,000 check which he claimed was the settlement money. It was, in fact, his own funds.In mitigation, Higginbotham submitted evidence of his good character and entered into a pretrial stipulation with the State Bar. |