CONFIDENTIAL

I|I|
THE STATE BAR COURT ~II~Y

OF THE
STATE BAR OF CALIFORNIA

HEARING DEPARTMENT DEC 2 3

STATE BAR COU/RT
CLERKS OFFICE
LOS ANGELES
IX| LOS ANGELES [ ] SAN FRANCISCO

IN THE MATTER OF CASE NO. 93-0-12098-DSW

93-O-14002
NElL C. EVANS, 93-O-15983 kwiktag 182 144 831

No. 105669, (91n3~Oe~lti8gaStlio6n, III II III

MEMBER OF THE STATE BAR OF CALIFORNIA. ORDER REGARDING STIPULATION ([ ] FIRST AMENDED
[] SECOND AMENDED) AS TO FACTS AND DISPOSITION
A fully executed Stipulation as to Facts and Disposition pursuant to rules 405-407, Transitional Rules of
Procedure of the State Bar of California, consisting of 27 pages, approved by the parties, was submitted
to the State Bar Court in the above-captioned case(s). All stipulations submitted previously are rejected.
The Stipulation is attached to this order and is incorporated by reference herein. Unless a party withdraws
or modifies the stipulation pursuant to rule 407(c), Transitional Rules of Procedure of the State Bar of
California, this order shall be effective 15 days from the service of this order. After consideration of this
stipulation, the Court hereby orders:

[x] The above mentioned case numbers are hereby consolidated for the purposes of ruling upon this
stipulation.

[] Modifications to the stipulation are attached:

[ ] the parties having no objection.
[ ] the parties having agreed on the record on
[ ] any party must object within 15 days of the service of this order to the stipulation, as
modified by the Court, or it shall become effective; if any party objects, the Stipulation shall
be deemed rejected.

It appearing that this stipulation and all attachments are fair to the parties and consistent with
adequate protection of the public, the stipulation is approved and the disposition is:
[x] ordered.
[ ] recommended to the California Supreme Court.
[ ] further discussion attached.

[] After due consideration of this stipulation and all attachments, it is rejected:

[ ] for the reasons discussed with the parties in previous conference(s).
[ ] for the reasons attached to this order.

[] It is further [ ] ordered [ ] recommended that costs be awarded to the State Bar pursuant to Business
and Professions Code section 6086.10.

DATE: :December 22, 1994

David S. Wesley, Judge of the State

ORD 410
APPROVED BYSTATEBARCOURT PAGE1
EXECUTIVECOMMITTEEEFFECTIVEMARCH 1,1993
 PAGE

ATTACHMENT TO ORDER 410

INCORPORATED BY REFERENCE

IN THE MATTER OF CASE NO. 93-0-12098-DSW

93-0-14002
93-0-15983
93-0-18816
(Invesitgation)

NElL C. EVANS,
A Member of the State Bar.

[ ] ~PUBLIC REPROVAL

Pursuant to General Order 93-10, service upon the parties of this "Order Approving Stipulation
As to Facts and Disposition" constitutes a letter of PUBLIC reproval in the name of the State Bar
of California to the above named member of the State Bar pursuant to rule 615, Transitional
Rules of Procedure of the State Bar of California.

[] Conditions in the manner authorized by rule 956, California Rules of Court, are ordered
to be attached to this reproval as set forth in the attached stipulation.

[ ] No conditions are attached to this reproval.

This Public Reproval shall be effective upon expiration of the period provided by rule 407(c),
Transitional Rules of Procedure of the State Bar of California, unless a timely request for
withdrawal or modification of the stipulation is filed.

[x] PRIVATE REPROVAL

Pursuant to General Order 93-10, service upon the parties of this "Order Approving Stipulation
As to Facts and Disposition" constitutes a letter of PRIVATEreproval in the name of the State
Bar of California to the above named member of the State Bar pursuant to rule 615, Transitional
Rules of Procedure of the State Bar of California.

[x] Conditions in the manner authorized by rule 956, California Rules of Court, are ordered
to be attached to this reproval as set forth in the attached stipulation.

[ ] No conditions are attached to this reproval.

This PRIVATEReproval shall be effective upon expiration of the period provided by rule 407(c),
Transitional Rules of Procedure of the State Bar of California, unless a timely request for
withdrawal or modification of the stipulation is filed.
 CONFIF)FNTIAI
COUNSEL FOB STATE BAR: COUNSEL FOR RESPONDENT:
OFFICE OF TRIAL COUNSEL Neil C. Evans, No. 105669
OFFICE OF TRIALS 5959 Topanga Canyon Blvd., Suite 305
THE STATE BAR OF CALIFORNIA Woodland Hills, California 91367
ROBERTA M. YANG (818) 888-6484
TERESA J. SCHMID
PAUL A.. TENNER, NO. !#(!&
1149 South Hill Street
Los Angeles, California 90015-2299
Telephone: (213) 765-1000

THE STATE BAR COURT FOR COURT USE ONLY

OF THE
STATE BAR OF CALIFORNIA

HEARING DEPARTMENT DEC O ? 199

[X] LOS ANGELES STATE BAR COUR~
CLERKS OFFICE
LOS ANGELES
[ ] SAN FRANCISCO

IN THE MATTER OF CASE NO(S).

93-0-12098
93-0-14002
93-0-15983
Nell C. Evans 93-0-18816

No. 105669
STIPULATION AS TO FACTS AND
DISPOSITION (RULES 405-407,
MEMBER OF THE STATE BAR OF CALIFORNIA.
TRANSITIONAL RULES OF PROCEDURE
OF THE STATE BAR OF CALIFORNIA)
[ ] FIRST AMENDED [ ] SECOND AMENDED

SCHEDULE OF ATTACHMENTS

[ x ] SECTION ONE: [ x ] FORM STIP 110: STIPULATION FORM, INCLUDING

GENERAL AGREEMENTS AND
WAIVERS
[x] FORM STIP 120: AGREEMENTS AND WAIVERS

[ x] SECTION TVVO: [ x ] FORM STIP 130: STATEMENT OF ACTS OR OMISSIONS

AND CONCLUSIONS OF LAW
WARRANTING THE AGREED
DISPOSITION

,~..ovEo ,~,~ATE,A. co~.T STIP

PAGE 1
100
EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
 Parties .~~ I.(~~
Initials ~J(~" I I ~ "~
PAGE

[ x] SECTION THREE: [ x] FORM STIP 140: STATEMENT OF FACTS AND

CIRCUMSTANCES BEARING ON THE
AGREED DISPOSITION

[ x ] SECTION FOUR: [ ] FORM DISP 200: STATEMENT SUPPORTING DISMISSAL

OF ALL CHARGES
[ ] FORM DISP 205: STATEMENT SUPPORTING DISMISSAL
OF CERTAIN CHARGES
[] FORM DISP 210 ADMONITION
Ix] FORM DISP 220: PRIVATE REPROVAL
[] FORM DISP 230: PUBLIC REPROVAL
[] FORM DISP 240: SUSPENSION,INCLUDES NO ACTUAL
SUSPENSION
[] FORM DISP 250: ACTUAL SUSPENSION
[x] FORM DISP 260: PROFESSIONAL RESPONSIBILITY
EXAMINATION
[. ] FORM DISP 270: REGARDING FURTHER CONDITIONS
TO BE ATTACHED TO REPROVAL

[] FORM PROB 310: GENERAL CONDITIONS OF

PROBATION AND/OR APPOINTMENT
OF PROBATION MONITOR
[ ] FORM PROB 320: RESTITUTION
[ l FORM PROB 330: PROTECTION OF CLIENT FUNDS
[ ] FORM PROB 340: MENTAL HEALTH TREATMENT
[ ] FORM PROB 350: ALCOHOL/DRUG IMPAIRMENT
[ l FORM PROB 360: EDUCATION AND LAW OFFICE
MANAGEMENT
[] FORM PROB 370: COMMENCEMENT AND EXPIRATION
OF PROBATION
[x] FORM PROB 380: FURTHER CONDITIONS OF
PROBATION

[x] SECTION FIVE: [x] APPROVAL OF PARTIES

APP.OVED.Y,TATE,AR CO0.T STIP

PAGE 2
100
EXECUTIVE COMMITTEE EFFECTIVE MARCH 1. 1993
 Initials zv / I PAGE

THE STATE BAR COURT FOR COURT USE ONLY

OF THE
STATE BAR OF CALIFORNIA

HEARING DEPARTMENT DEC 0 7

LOS ANGELES STATE BAR COU~
CLERKS OFFICE
LOS ANGELES
[ ] SAN FRANCISCO

IN THE MATTER OF CASE NO(S). 93-0-12098

93-0-t4002
93-0-15983
93-0-18816

NElL C. EVANS
STIPULATION AS TO FACTS AND
No. 105669 DISPOSITION (RULES 405-407,
TRANSITIONAL RULES OF PROCEDURE
MEMBER OF THE STATE BAR OF CALIFORNIA. OF THE STATE BAR OF CALIFORNIA)
[ ] FIRST AMENDED [ ] SECOND AMENDED

SECTION ONE. GENERAL AGREEMENTS AND WAIVERS.

A. PARTIES.

1. The parties to this stipulation as to facts and disposition, entered into under rules 405-407,
Transitional Rules of Procedure of the State Bar of California (herein "Rules of Procedure"), are the member
of the State Bar of California, captioned above (hereinafter "Respondent"), who was admitted to practice law
in the State of California on Dec. 3, 1982 and the Office of the Chief Trial Counsel, represented by
the Deputy Trial Counsel of record whose name appears below.

2. If Respondent is represented by counsel, Respondent and his or her counsel have reviewed this
stipulation, have approved it as to form and substance, and has signed FORM STIP 400 below.

3. If Respondent is appearing in propria persona, Respondent has received this stipulation, has
approved it as to form and substance, and has signed FORM STIP 400 below.

B. JURISDICTION, SERVICE AND NOTICE OF CHARGE(S), AND ANSWER. The parties agree that the State
Bar Court has jurisdiction over Respondent to take the action agreed upon within this stipulation. This
stipulation is entered into pursuant to the provisions of rules 405-407, Rules of Procedure. No issue is raised
over notice or service of any charge(s). The parties waive any variance between the basis for the action agreed
to in this stipulation and any charge(sL As to any charge(s) not yet filed in any matter covered by this
stipulation, the parties waive the filing of formal charge(s), any answer thereto, and any other formal
procedures.

C. AUTHORITY OF EXAMINER. Pursuant to rule 406, Rules of Procedure, the Chief Trial Counsel has
delegated to this Deputy Trial Counsel the authority to enter into this stipulation.

,~ov~.v .T,TE ~AR cou.T STIP

PAGE I
1 10
EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
 Parties J/
Initials I / PAGE
D. PROCEDURES AND TRIAL.

In order to accomplish the objectives of this stipulation, the parties waive all State Bar Court procedures
regarding formal discovery as well as hearing or trial. Instead, the parties agree to submit this stipulation to
a judge of the State Bar Court.

E. PENDING PROCEEDINGS.

Except as specified in subsection J, all pending investigations and matters included in this stipulation are listed
by case number in the caption above.

F. EFFECT OF THIS STIPULATION.

1. The parties agree that this stipulation includes this form and all attachments.

2. The parties agree that this stipulation is not binding unless and until approved by a judge of the
State Bar Court. If approved, this stipulation shall bind the parties in all matters covered by this stipulation
and the parties expressly waive review by the Review Department of the State Bar Court.

3. If the stipulation is not approved by a State Bar Court judge, the parties will be relieved of all
effects of the stipulation and any proceedings covered by this stipulation will resume.

4. The parties agree that stipulations as to proposed discipline involving suspension, are not
binding on the Supreme Court of California. Pursuant to Business and Professions Code sections 6078, 6083-
6084, and 6100, the Supreme Court must enter an order effectuating the terms and conditions of this
stipulation before any stipulation for suspension, actual or stayed, will be effective.

PREVIOUSLY REJECTED STIPULATIONS IN PROCEEDINGS OR INVESTIGATIONS COVERED BY THIS

STIPULATION.

Unless disclosed by the parties in subsection I, there have been no previously rejected or withdrawn
stipulations in matters or investigations covered by this stipulation.

H. COSTS OF DISCIPLINARY PROCEEDINGS. (Check appropriate paragraph(s).)

1. The agreed disposition is eligible for costs to be awarded the State Bar. (Bus. & Prof.
Code, 6086.10 and 6140.7.) Respondent has been notified of his or her duty to pay costs.
The amount of costs assessed by the Office of Chief Trial Counsel will be disclosed in a
separate cost certificate submitted following approval of this stipulation by a hearing judge.
The amount of costs assessed by the State Bar Court will be disclosed in a separate cost
certificate submitted upon finalization of this matter.

2. The agreed disposition is not eligible for costs to be awarded the State Bar.

SPECIAL OR ADDITIONAL AGREEMENTS AS TO SECTION ONE.

Respondent has been advised of pending investigations, if any, which are not included in this
stipulation.

FORM STIP 120 is attached, stating further general agreements and waivers.

,EXECUTIVE
OVEO COMMITTEE
,T,TE EFFECTIVE MARCH I, 1993 STIP
pAP, ~
1 10
 Initials I /

SECTION TWO.. STATEMENT OF ACTS OR OMISSIONS AND CONCLUSIONS OF LAW

WARRANTING THE AGREED DISPOSITION.

IX] The parties have attached FORM STIP 130 and agree that the same warrants the disposition set forth
in this stipulation.

SECTION THREE. STATEMENT OF .FACTS, FACTORS OR CIRCUMSTANCES BEARING ON

THE AGREED DISPOSITION.

The parties agree that the following attachment(s) constitute the facts and circumstances considered
mitigating, aggravating or otherwise bearing on the agreed disposition:

[ X ] FORM STIP 140: STATEMENT OF FACTS AND CIRCUMSTANCES BEARING ON THE AGREED
DISPOSITION

SECTION FOUR. AGREED DISPOSITION

Based on the foregoing and all attachments, the parties agree that the appropriate disposition of all matters
covered by this stipulation is [Check appropriate disposition(s); attach schedule(s) if indicated]:

l] DISMISSAL OF ALL CHARGES [FORM DISP 200]

l] DISMISSAL OF CERTAIN CHARGES [Attach FORM DISP 205: STATEMENT SUPPORTING DISMISSAL
OF CERTAIN CHARGES]

I] ADMONITION [Attach FORM DISP210: ADMONITION]

[ x] PRIVATE REPROVAL [Attach FORM DISP 220: PRIVATE REPROVAL]

[] PUBLIC REPROVAL [Attach FORM DISP 230: PUBLIC REPROVAL]

l] SUSPENSION ENTIRELY STAYED [Attach FORM DISP 240: RECOMMENDATIONS FOR STAYED
SUSPENSION]

[] ACTUAL SUSPENSION [Attach FORM DISP 250: RECOMMENDATIONS FOR ACTUAL SUSPENSION]

[ x] ADDITIONAL PROVISIONS:

[ x] FORM DISP 260: CALIFORNIA PROFESSIONAL RESPONSIBILITY EXAMINATION

[ ] FORM DISP 270: FURTHER CONDITIONS TO BE ATTACHED TO REPROVAL

~P.OVEO BY ST,T~ SAR COU.,

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
STIP
pA~I= ~
110
 Initials ~ / / PAGE

IN THE MATTER OF CASE NO(S). 93-0-12098

93-0-14002
NEIL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ X] STIPULATION [ ] DECISION

ADDITIONAL AGREEMENTS AND WAIVERS

[] FORM TRI 121: WAIVER OF RIGHT TO PETITION FOR RELIEF FROM

ASSESSED COSTS

[ X] FORM TRI 122 : WAIVER OF ISSUANCE OF NOTICE TO SHOW CAUSE

[ ] FORM TRI 123 : STATEMENT OF AUTHORITIES SUPPORTING DISCIPLINE

[ ] FORM TRI 124: PROCEDURAL BACKGROUND IN CONVICTION PROCEEDING

[ ] FORM TRI 125: ADDITIONAL AGREEMENTS AND WAIVERS PURSUANT TO

BUSINESS AND PROFESSIONS CODE SECTION 6049.1

[ ] FORM TRI 126: RESOLUTION OF PROCEEDING

[ ] FORM TRI 127: ESTIMATION OF COSTS

[ x] FORM TRI 128: WAIVER OF REVIEW

AI:~OVED BY STATE BAR COURT STIP 120

EXECUTIVE COMMII"rEE EFFECTIVE MARCH 1. 1993 PAGE!
Rev.Triats 1121196
 Init iats~____/~_j~/__ PAGE
OFFICE OF TRIAL COUNSEL
OFFICE OF TRIALS
THE STATE BAR OF CALIFORNIA
[~ 11/,9 South Hi|l Street
Los Angeles, California 90015-2299
Telephone: (213) 765-1000.
[ ] 555 Franklin Street
San Francisco, Cat ifornia 94102-~98
Telephone: (415) 561-8200

IN THE MATTER OF Case No(s).93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [X ] STIPULATION [ ] DECISION -

WAIVER OFr ISSUANCE OF NOTICE TO SHOW CAUSE

It is agreed by the parties that investigative matters designated as

case number(s) [see (a) below] shall be incorporated
into the within Stipulation. The parties waive the issuance of a Notice
to Show Cause and the right to a formal hearing and any other procedures
necessary with respect to these investigative matters in order to
accomplish the objectives of this Stipulation.

(a) 93-0-12098
93-0-14002
93-0-15983
93-0-18816

TRI 122
aev.Triats 12120193 Page 1
 Parties
lnitiats __ PAGE~
C~FICE OF TRIAL COUNSEL
OFFICE OF TRIALS
THE STATE BAR OF CALIFORNIA
~ 1149 S~th Hilt Street
Los Angeles, California 90015-22~
Tele~one: (213) 765-1000
[ ] 555 Franklin Street
San Francisco, California 94102-4498
Tele~one: (415) 561-8200

IN THE MATTER OF Case No(s). 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [X] STIPULATION [ ] DECISION

WAIVER OF REVIEW AND APPEAL

The parties agree that if this Stipulation is approved by the Court

without modification, or modified in a manner to which the parties do
not object within fifteen (15) days after the modification, each party
expressly waives its rights of reconsideration and review of this
Stipulation under the procedure and waive the provisions of rules 952,
952.5 and 953 of the California Rules of Court, and agree that the
Supreme Court of California may immediately order the agreed discipline
and conditions.

The parties agree that the Court may include in its Order Approving
Stipulation all provisions necessary to implement the waivers herein.

TRI 128
Rev.Trials 8/11/94 Pa~e 1
,;

Initials PAGE

IN THE MATIER OF CASE NO(S). 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ X] STIPULATION [ ] DECISION

STATEMENT OF ACTS OR OMISSIONS

WARRANTING THE AGREED DISPOSITION

CASE NO. 93-0-12098 COUNT One (1)

Respondent represented PhiladelphiaReinsurance, Ltd. in

a lawsuit entitled Philadelphia Reinsurance v. P.J. Fox
Enterprises, Inc., dba We "R" Drayaqe, et al., Los
Angeles County Superior Court case no. 015619.

On or about February 19, 1993, Respondent wrote a letter

to Charles K. Mitchell, Esq., the attorney for defendant
Michael K. Fox, which accused Mr. Mitchell of having
unauthorized communications with Respondents client
unrelated to the pending litigation. In that letter,
Respondent stated that he would make a complaint to the
State Bar against Mr. Mitchell unless Respondent received
written assurances from Mr. Mitchell and his clients that
no further unauthorized communications would take place.
Respondent made these written assurances one of the
conditions of continuing settlement discussions.
Respondent threatened Mr. Mitchell with a State Bar
disciplinary action.

LEGAL CONCLUSIONS
Respondent wilfully violated rule 5-100(A) of the Rules
of Professional Conduct of the State Bar of California.

.,,.OVEO B" ST.rE .AR COU.T

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
STI
PAGE
P130
 Parties
Initials PAGE

IN THE MATTER OF CASE NO(S). 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ X ] STIPULATION [ ] DECISION

STATEMENT OF ACTS OR OMISSIONS

WARRANTING THE AGREED DISPOSITION

CASE NO. 93-0-14002 COUNT Two (2)

Respondent represented Dependable Tow Company and its

former employee Michael Tokos in a civil matter entitled
Rickert, et al. v. Dependable Tow, et al., Nevada County
(California) Superior Court, case no. 46558 ("Rickert
Action").

On or about September ii, 1992, counsel for Rickert made

initiag discovery requests to Respondent. One particular
request was to depose Michael Tokos, a former employee of
Dependable Tow. Although the opposing party repeatedly
asked for compliance, these discovery requests were not
met. After Respondent failed to comply with the request,
Rickert filed a motion to compel which was heard before
the Honorable Frank D. Francis, Judge of the Superior
Court of California, County of Nevada onMarch 15, 1992.
During this hearing, Respondent informed the Court that
one of the reasons he had been unable to comply with the
discovery request was because Respondent had difficulty
reaching Mr. Tokos. However, Respondent told the Court
that individuals at Dependable Tow were attempting to
locate Mr. Tokos. The Court did not impose any sanctions
against Respondent at that time because of Respondents
representations that discovery would be completed.

In actuality, Dependable Tow was not aware of the

discovery requests prior to the filing of the motion, did
not locate Mr. Tokos prior to the filing of the motion,
and did not actually receive the discovery requests until
March 22, 1992. Furthermore, Respondent failed to timely
respond to discovery on behalf of his client.

On or about April 22, 1993, Judge Francis imposed

monetary sanctions in the amount of $3,200.00 against
Respondent for his failure to respond to discovery and

,EXECUTIVE
"ROVEO 8"COMMITTEE
STATE 8A.EFFECTIVE
COURT MARCH 1. 1993
STIP 130
PAGE 1
 for not being candid with the Court about the status of
discovery. The Court found that the delays in responding
to discovery resulted from Respondents lack of diligence
in pursuing the discovery. However, Respondent failed to
report this sanction to the State Bar of California.

LEGAL CONCLUSIONS
Respondent wilfully violated rule 3-110(A) of the Rules
of Professional Conduct of the State Bar of California and
section 6068(o)(3) of the California Business and Professions
Code.
 Initials _~ I " / PAGE

IN THE MATTER OF CASE NO(S), 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ X ] STIPULATION [ ] DECISION

STATEMENT OF ACTS OR OMISSIONS

WARRANTING THE AGREED DISPOSITION

CASE NO. 93-0-18816 COUNT Three (3)

1. Respondent represented Spencer Murphy in a civil action

entitled Murphy v. East Bay Reqional Parks, et al.,
Alameda County Superior Court, case no. 699589-4 ("Murphy
Action"). On November 5, 1993, Respondent was sanctioned
$1,500.00 by the Honorable Michael E. Ballachey for his
failure to appear at two scheduled case management
conferences on October i, 1993 and November 5, 1993.
Respondent missed the October i, 1993 conference because
he unsuccessfully attempted to appear by cellular
telephone. Respondent missed the November 3, 1993
conference because of a calendaring error. The Alameda
County Superior Court reported this sanction to the State
Bar of California.

Respondent failed to report this sanction to the State

Bar of California.

LEGAL CONCLUSIONS
Respondent wilfully violated section 6068(o)(3) of the
California Business and Professions Code.

,,"P.OVEO . sr,~TE,,AR COU.T STIP

PAGE 1
130
EXECUTIVE COMMITTEE EFFECTIVE MARCH I, 1993
 Parties"
Initials PAGE

IN THE MATTER OF CASE NO(S). 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

AFTACHMENTTO: [X] STIPULATION [ ] DECISION

STATEMENT OF ACTS OR OMISSIONS

WARRANTING THE AGREED DISPOSITION

CASE NO. 93-0-15983 COUNT ,, F,o~,

, r (4)

In June 20, 1991, John F. Shoosmith, Jr., ("Shoosmith")

was named as a defendant in a legal malpractice action
filed in the State of Nevada, entitled Malfabon v.
Garcia, et al. ("Malfabon Action").

Shoosmiths malpractice insurance carrier employed

Respondent to represent Shoosmith until he was actually
served with the Malfabon Action. Mr. Shoosmith was never
served with actual process.

Some time after Respondent initia~ed~h~s representation

of Shoosmith, Shoosmiths malpractice insurance carrier
became insolvent and would not pay any claims under
Shoosmiths policy. To maintain Respondents
representation, Shoosmith paid Respondent five hundred
dollars ($500.00) on March i, 1992.

On January 13, 1993 and February 25, 1993, Shoosmith

requested an update from Respondent about the status of
the Malfabon Action. Respondent failed to respond to
these letters. Shoosmith also attempted to reach
Respondent by telephone, but Respondent failed to return
these telephone calls.

LEGAL CONCLUSIONS
Respondent wilfully violated section 6068(m) of the
California Business and Professions Code.

APPROVED BY STATE BAR COURT STIP 130

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1. 1993 PAGE 1
 Initials~ I PAGE

IN THE MATTER OF CASENO(S). 93-0-12098

93-0-14002
NElL C. EVANS , 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ ] STIPULATION [ ] DECISION

STATEMENT OF FACTS AND CIRCUMSTANCES

BEARING ON THE AGREED DISPOSITION

AGGRAVATING CIRCUMSTANCES:

] 1. Respondent has a record of prior discipline. (Std. 1.2 (b)(i).)1Supporting facts:

[ .1 2. Respondents misconduct evidences multiple acts of wrongdoing. (Std. 1.2

(b)(ii).) Supporting facts:

] 3. Respondent,s misconduct evidences\demonstrates a pattern of misconduct.

(Std. 1.2 (b)(ii).) Supporting facts:

[ ] 4. Respondents misconduct was surrounded or followed by bad faith, dishonesty,

concealment, overreaching or other circumstances defined by Standard 1.2
(b)(iii). Supporting facts:

References to "Standards" are to the "Standards for Attorney Sanctions for Professional Misconduct: (See Transitional
Rules of Procedure of the State Bar of California, Division V.)

APPROVED BY STATE BAR COURT

EXECUTIVE COMMITTEE EFFECTIVE MAR~H 1. 1993
STIP 140
PAGE 1
 Initials / PAGE

[ l 5. Respondents misconduct harmed significantly client(s), the public or the

administration of justice. (Std. 1.2 (b)(iv).) Supporting facts:

[ ] 6. Respondent demonstrated indifference to rectifying the consequences of

misconduct. (Std. 1.2 (b)(v).) Supporting facts:

[ ] 7. Respondent demonstrated indifference to atoning for the consequences of

misconduct. (Std. 1.2 (b)(v).) Supporting facts:

[ ] 8. Respondent displayed a lack of candor and cooperation to any victim(s) of

misconduct. (Std. 1.2 (b)(vi).) .Supporting facts:

[ ] 9. Respondent displayed a lack of candor and cooperation to the State Bar during
disciplinary investigation or proceedings. (Std. 1.2 (b)(vi).) Supporting facts:

A.P.OVE~ BY:STATE B," COORT

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
STIP 1 40
PAGE 2
 Initials "/ PAGE
[ ] 10. Additional circumstance(s) in aggravation or additional facts regarding the
above paragraphs are stated as follows:

,~P,OV~ B~ BTATE.,, COU,T

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
STIP
PAGE 3
1.40
 MITIGATING CIRCUMSTANCES:

Ix] Respondent has no record of prior discipline over many years of practice,
coupled with present misconduct not deemed serious. (Std. 1.2 (e)(i).)
Supporting facts: Respondent was admitted to the State Bar of
California on December 3, 1982 and has no prior record of discipline.

[ ] 2. Respondent acted in good faith. (Std. 1.2 (e)(ii).) Supporting facts:

[ ] 3. Respondents misconduct did not result in harm to the client(s) or person(s)

who were the objects of misconduct. (Std. 1.2 (e)(iii).) Supporting facts: m

[ ] 4. Respondent suffered extreme emotional difficulties at the time of misconduct

of the type which is subject to the conditions recognized by Standard 1.2
(e)(iv). Supporting facts:

[ ] 5. Respondent suffered extreme physical disabilities at the time of misconduct of

the type which .is subject to the conditions recognized by Standard 1,2 (e)(iv).
Supporting facts:

[ ] 6. Respondent displayed spontaneous candor and cooperation to the victim(s) of

misconduct. (Std. 1.2. (e)(v).) Supporting facts:

APP,OVEO 8STAT,,AR COU,T STIP 140

EXECUTIVE COMMITTE~ EFFECTIVE MARCH I, 1993 PAGE 4
 Initials ~,/4~/ I I PAGE

] 7. Respondent displayed spontaneous candor and cooperation to the State Bar

during disciplinary investigation and proceedings. (Std. 1.2 (e)(v).) Supporting
facts:

] 8. Respondent presented an extraordinary demonstration of good character as set

forth in Standard 1.2 (e)(vi). Supporting facts:

o
] 9. Respondent promptly took objective steps to spontaneously demonstrate
remorse which steps were designed to timely atone for any consequences of
Respondents misconduct. (Std. 1.2 (e)(vii).) Supporting facts:

]10. Respondent promptly took objective steps to spontaneously demonstrate

recognition of the wrongdoing acknowledged, which steps were designed to
timely atone for any consequences of Respondents misconduct. (Std. 1.2
(e)(vii).) Supporting facts:

] 11. Considerable time has passed since Respondents misconduct, followed by

convincing proof of subsequent rehabilitation (Std. 1.2 (e)(viii)). Supporting
facts:

[ ] 12. Excessive delay occurred in conducting this disciplinary proceeding, which

delay is not attributable to Respondent and which delay was prejudicial to
Respondent. (Std. 1.2 (e)(ix).) Supporting facts:

A.PROVEO.~,T,TE 8A. COURT

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1. 1993
STIP
PAGE 5
140
] 13. Additional circumstance(s) in mitigation or additional facts regarding the above
paragraphs are stated as follows:
In late 1992, Respondent learned that his wife had been living a

"double life" duringtheir entire fifteen,year marriage. This caused

Respondent to suffer extreme emotional probl~ms which affected his

ability to carry out his responsibilities as an attorney. Respondent

has sought psychological counseling for his emotional problems.

 Initials / / PAGE

IN THE MATTER OF CASE NO(S). 93-0-12098

93-0-14002
NElL C. EVANS , 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ X ] STIPULATION [ ] DECISION

PRIVATE REPROVAL

[Fill in the blanks as appropriate and check boxes at left for all language that is intended to be included in the stipulation,
deleting words or phrases that are not appropriate. When designating numbers for the amount of suspension or probation,
please spell out the number and include the arabic numeral in parenthesis provided.]

[x] It is recommended that Respondent be privately reproved by the State Bar Court.

[] The parties understand that although this reproval is termed "private," it arises
in a public proceeding. Although the State Bar of California will not
affirmatively provide any publicity to the disposition, the file, including the
stipulation, any order approving it, in this case will remain public and will be
available on any specific inquiry by a member of the public.

Ix] The parties understand that this private reproval is a result of a stipulation,
entered into prior to the filing of a Notice to Show Cause. The file, the
stipulation, the order thereon, and the record of a private reproval, shall remain
confidential unless it is used hereafter as a record of prior discipline within the
meaning of standard 1.7, Standards for Attorney Sanctions for Professional
Misconduct.

[] There are no conditions to be attached to this private reproval.

[x] Pursuant to rule 956, paragraph (a), California Rules of Court, it is recommended that
the following conditions be attached to the private reproval, based upon a finding that
protection of the public and the interests of respondent will be served thereby:

Ix] FORM DISP 260: CALIFORNIA PROFESSIONAL RESPONSIBILITY

EXAMINATION

[ ] FORM DISP 270: FURTHER CONDITIONS TO BE ATTACHED TO REPROVAL

[ ] FORM PROB 3!0: GENERAL CONDITIONS OF PROBATION AND/OR

APPOINTMENT OF PROBATION MONITOR

[] FORM PROB 320: RESTITUTION

[] FORM PROB 330: PROTECTION OF CLIENT FUNDS

,PP.OVEO 8Y ST,TE BAR COO.T

EXECUTIVE COMMITTEE EFFECTIVE MARCH 1o 1993
DISP
PAGE 1
220
 Initials / / PAGE

] FORM PROB 340: MENTAL HEALTH TREATMENT

] FORM PROB350: ALCOHOL/DRUG IMPAIRMENT

] FORM PROB 360: EDUCATION AND LAW OFFICE MANAGEMENT

] FORM PROB 370: COMMENCEMENT AND EXPIRATION OF PROBATION

[x] T hat the conditions attached to the private reproval shall commence to be effective
~on the effective date of the order approving stipulation or decision and shall remain
ir effect for a period of one .~[1] year~,k
u~less otherwise specifically designated herein;

NOTICE OF SANCTIONS FOR FAILURE TO COMPLY WITH CONDITIONS ATTACHED TO

PRIVATE REPROVAL

[x] RESPONDENT ACKNOWLEDGES THAT THIS STIPULATION CONSTITUTES NOTICE

THAT, PURSUANT TO RULE 956, CALIFORNIA RULES OF COURT, RESPONDENTS
FAILURE TO COMPLY WITH THE CONDITIONS ATTACHED TO ANY PRIVATE
REPROVAL ADMINISTERED BY THE STATE BAR COURT MAY CONSTITUTE CAUSE
FOR A SEPARATE ATTORNEY DISCIPLINARY PROCEEDING FOR WILFUL BREACH
OF RULE 1-110, RULES OF PROFESSIONAL CONDUCT.

,PPROVEO ,Y.~TAT, BA, COU,,

EXECUTIVE COIIMITTEE EFFECTIVE MARCH 1, 1993
DISP 220
PAGE 2
 Initials / I PAGE

IN THEI MATTER OF CASE NO(S). 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Memlber of the State Bar.

ATTACHMENT TO: [ X ] STIPULATION [ ] DECISION

CALIFORNIA PROFESSIONAL RESPONSIBILITY EXAMINATION

[Fill in the i blanks as appropriate and check the boxes at left for all language, that is intended to be included in the
stipulation,i deleting words or phrases that are not appropriate. When designating numbers for the amount of suspension
or probation0 please spell out the number and include the arabic numeral in parenthesis provided.i

[x] It is recommended that the State Bar Court order Respondent to take and pass the
California Professional Responsibility Examination administered by the Committee of
Bar Examiners of .the State Bar of California within one (1)
0~o~gt~3cczt~rJyea~,.t of the effective date of the administration of the
private reproval and furnish satisfactory proof of such passage to the
Probation Unit within said period.

APP.OVED.",STATE BAR COURT DISP

PAGE 1
260
EXECUTIVE COMMITTEE EFFECTIVE MARCH 1, 1993
CORRECTED I~ARCH 12, 1993
 Initials I~ /" / PAGE

IN THE MATTER OF CASE NO(S). 93-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [ X ] STIPULATION [ ] DECISION

FURTHER CONDITIONS OF PROBATION:1

[] FORM TRI 381: MODIFICATION OF PROBATION, RULE 951(c) OF THE

CALIFORNIA RULES OF COURT

FORM TRI 382: ALCOHOL/DRUG ABUSE CONDITIONS OF PROBATION

E3 FORM TRI 383: MENTAL HEALTHCONDITIONS OF PROBATION

Ex] FORM TRI 384: ADDITIONAL CONDITIONS OF PROBATION

Ex2 FORM TRI 385: STATE BAR ETHICS SCHOOL

[2 FORM TRI 386: STATE BAR ETHICS SCHOOL CLIENT TRUST ACCOUNT
RECORD-KEEPING COURSE

[] FORM TRI 387: COMPLIANCE WITH CONDITIONS OF PROBATION/PAROLE IN

UNDERLYING CRIMINAL MATTER

[ ] FORM TRI 388: EARLY INACTIVE ENROLLMENT

1 If attached to forms DISP 220 or DISP 230, the word "probation," as used herein, shall be interpreted to
mean "condition attached to a reproval" pursuant to rule 956, California Rules of Court.

APPROVED BY STATE BAR COURT PROB

PAGE 1
380
EXECUTIVE COMMITTFr FFFF~TIVE MARCH 1, 1993
Rev.Triats 11/7/9/,
 PaPtiesl
Initials PAGE
OFFICE OFTRIAL COUNSEL
OFFICE OF!TRIALS
THE STATE BAR OF CALIFORN]A
[X] 1149 South Hill Street
Los Angeles, California 90015-2299
Telephone: (213) 765-1000
[ ] 555 Franklin Street
San Francisco, California 94102-4498
Telephone: (415) 561-8200

IN THE MATTER OF Case No(s)92-0-12098

93-0-14002
NElL C. EVANS 93-0-15983
93-0-18816
A Member of the State Bar.

ATTACHMENT TO: [X] STIPULATION [ ] DECISION

ADDITIONAL CONDITIONS OF PROBATIONI

LAW PRACTICE MANAGEMENT SECTION OF THE STATE BAR

[ ] That Respondent shall join the Law Practice Management Section of

the State Bar of California and shall pay whatever dues and costs
are associated with such enrollment for a period of one (I) year.
Respondent shall furnish satisfactory evidence of membership in the
section to the Probation Unit, office of Trials, in the first
quarterly report that is due.

COURSES ON LAW OFFICE MANAGEMENT

[ ] That Respondent complete hours of California Minimum

Continuing Legal Education-approved course(s) on law office manage-
ment within month(s)/year(s) from the date on which the
disciplinary order in this matter becomes effective. Completion of
the State Bar Ethics School or an Ethics School course will not
satisfy this requirement. Respondent shall furnish satisfactory
evidence of completion of the course(s) to the Probation Unit,
Office of Trials, in the next quarterly report that is due follow-
ing completion of each course. Respondent agrees thatthe course
hours required by this condition are in addition to any requirement
he/she must meet in compliance with the State Bar Minimum Continu-
ing Legal Education Program.

11f attached to forms D[SP 220 or DISP 230, the word "probation," as used herein, shall be interpreted to mean
"condition attached to a reproval" pursuant to rule 956, California Rules of Court.

TRI 384
Rev.Trials 6/27194 Page 1
LAW OFFICE MANAGEMENT PLAN TO BE SUBMITTED TO PROBATION UNIT

[ ] Respondent shall develop a law office management/organization plan

that meets with the approval of the Probation Unit., Office of
Trials, within days/weeks/months from the date on which the
disciplinary order in this matter becomes effective. This plan
will include procedures to send periodic status reports to clients,
documentation of telephone messages received and sent, file main-
tenance, procedures for meeting deadlines, calendaring system,
procedures to withdraw as attorney whether of record or not when
clients cannot be contacted or located, and procedures for the
training and supervision of support personnel. Respondent shall
state in each quarterly probation report that he/she has
implemented the law office management plan in his/her law practice
and continues to follow the procedures set forth in the plan.
Failure to so state in a quarterly report shall be a violation of
probation and shall be excused only if Respondent was not engaged
in the practice of law during the reporting period, in which case
he/she shall so state in the quarterly probation report.

CONTINUING LEGAL EDUCATION COURSES

Ix] That Respondent complete four(4) hours of California Minimum

Continuing Legal Education-approved courses in attorney-client
relations and/or legal ethics withinone (i) ~year~ from
the date on which the disciplinary order in this matter becomes
effective. Completion of the State Bar Ethics School or an Ethics
SChool course will not satisfy this requirement. Respondent shall
furnish satisfactoryevidence of completion of the courses to the
Probation Unit, Office of Trials, in the next quarterly report that
is due following completion of each course. Respondent agrees that
the course hours required by this condition are in addition to any
requirement he/she must meet in compliance with the State Bar
Minimum Continuing Legal Education Program.

OTHER

[ ]

TRI 384
Rev.Tr~ats 612719~ Page 2
 PAGE
OFFICE OF TRIAL COUNSEL
OFFICE OF TRIALS
THE STATE BAR OF CALIFORNIA
[~ 11~9 So~th Hilt Street
Los Angeles, California 90015-2299
Telephone: (213) 765-1000
[ ] 555 Frankl|n Street
San Francisco, Ca|ifornia 94102-4498
Telephone: (415) 561-8200

IN THE I~TTER OF Case No(s) @3-0-12098

93-0-14002
NEIL C. EV.~NS 93-0-15983
93-0-18816
A Hember of the State Bar.

ATTACHMENT TO : [ X] STIPULATION [ ] DECISION

STATE BAR ETHICS SCHOOL

Within one (i) year from the date on which the disciplinary order in
this matter becomes effective, Respondent shall attend the State Bar
Ethics School, which is held periodically at the State Bar of California
(555 Franklin Street, San Francisco, or 1149 South Hill Street, Los
Angeles) and shall take and pass the test given at the end of such
session. Respondent understands that this requirement is separate and
apart from fulfilling the MCLE ethics requirement, and is not approved
for MCLE credit.

[ ] EXCLUSION:

[ ] It is not recommended that Respondent attend Ethics School

since he/she attended Ethics School on [date]
in connection with case number .

[ ] It is not recommended that Respondent attend Ethics School

since he/she is required to do so by [date] in
connection with case number .

TRI 385
Rev.TriaLs 5/16/94 Page 1
 Parties
Initials PAGE

SECTION FIVE. APPROVAL OF PARTIES.

The parties and all counsel of record hereby approve the foregoing stipulation and all attachments, and the
parties agree to be bound by all terms and conditions stated and the agreed disposition.

DATE: ~ / 1994
Deputy Trial Counsel
PAUL A. TENNER

DATE:
Deputy Trial Counsel

DATE:

DATE:

DATE: 1994

NEIL C. EVANS

DATE:
Respondent

DATE:
Respondents Counsel

DATE:
Respondents Counsel

,...ov~o BY,T,~E BAR COU.T STIP 400

EXECUTIVE COMMITTEE EFFECTIVE MARCH I. 1993 PAGE I
 DECLARATION OF SERVICE
[Rule 242, Trans. Rules Proc.; Code Cir. Proc., $ 1013a(1)]

I am a Deputy Court Clerk of theState Bar Court. I am over the

age of eighteen and not a party to the within proceeding. In the
City and County of Los Angeles, on the date shown below, I
deposited a true copy of the following document(s)

ORDER REGARDING STIPULATION AS TO FACTS AND DISPOSITION

with Attachment To Order 410 Incorporated By Reference
filed December 23, 1994 and
STIPULATION AS TO FACTS AND DISPOSITION (RULES 405-407,
TRANSITIONAL RULES OF PROCEDURE OF THE STATE BAR OF
CALIFORNIA) filed December 07, 1994

in a sealed envelope as follows:

ix] with first-class postage thereon fully prepaid in a

facility regularly maintained by the United States
Postal Service at Los Angeles, California, addressed as
follows:

NEIL C EVANS ESQ

5959 TOPANGA CYN BLVD #305
WOODLAND HILLS CA 91367

[ ] by certified mail, with a return receipt requested, in

a facility regularly maintained by the United States
Postal Service at Los Angeles, California, addressed as
follows:

ix] in an interoffice mail facility regularly maintained by

the State Bar of California addressed as follows:

Paul A. Tenner, Esq., Office of Trials

I declare under penalty of perjury under the laws of the State of

California that the foregoing is true and correct. Executed in
Los Angeles, California, on December 23, 1994.

GO ZAI .S
ty Co~rt~/Clerk
e Bar Court