March 9, 2013 MICHAEL STUART PRATTER [#40277], 72, of Las Vegas was disbarred March 9, 2013, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Pratter stipulated that he misappropriated nearly $5,000 that should have been distributed to his client and her doctors. His actions involved moral turpitude. He settled a personal injury matter for $8,000, and although he kept $2,667 for attorney’s fees, he was entitled to receive $2,640. He was required to maintain $5,360 in his client trust account, but allowed the balance to fall to $406. He did not pay the client’s medical bills. He has a record of four prior disciplines, including at least one involving client trust account issues. In 1998, he was disciplined for the unauthorized practice of law, failure to refund unearned legal fees, failure to obey a court order and commingling. He was suspended and placed on probation in 2004 for commingling, and in 2011 for violating probation conditions. In 2012, he was disciplined for mishandling a personal injury settlement. In mitigation, he entered into a stipulation with the State Bar, avoiding the necessity of a trial. June 21, 2012 MICHAEL STUART PRATTER, 71, of Las Vegas was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he makes restitution, and he was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect June 21, 2012. Pratter stipulated to three counts of misconduct for mishandling a personal injury settlement. He allowed the balance in his client trust account to fall below the required amount, and he committed two acts of moral turpitude by misappropriating $3,184.71 in client funds and falsely telling his client the settlement check had not cleared his account when in fact it had. Pratter has been disciplined three times previously, in 1998, 2004 and 2011. In mitigation, he cooperated with the bar’s investigation and demonstrated remorse. February 18, 2011 MICHAEL STUART PRATTER [#40277], 70, of El Cajon was suspended for three years, stayed, placed on three years of probation with a 90-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Feb. 18, 2011. Pratter stipulated to four counts of failing to comply with probation conditions attached to two disciplinary orders. In 1998, he was suspended and ordered to make restitution, but his probation was extended four times because he did not make restitution. His misconduct included failures to refund unearned fees and deposit client funds in a trust account and he disobeyed a court order and practiced without a license. In 2006, he was diagnosed with bipolar disorder and began taking lithium, which resulted in hospitalization for mental and physical problems. When the probation ended in 2007, he owed the Client Security Fund $6,167 plus interest, and owed two clients more than $16,000 plus interest. He also submitted 13 quarterly reports late. He stipulated that he failed to comply with probation conditions. He was again disciplined in 2004, and again stipulated that he violated probation by submitting 15 probation reports late. He admitted that he commingled personal and client funds in his trust account, used the account to pay expenses unrelated to attorney-client matters and failed to properly maintain client funds in a trust account. In mitigation, he cooperated with the bar’s investigation and agreed to complete restitution. February 26, 2004 MICHAEL STUART PRATTER [#40277], 63, of Los Angeles was suspended for three years, stayed, placed on four years of probation and was ordered to prove his rehabilitation. The order took effect Feb. 26, 2004. Pratter stipulated that he commingled personal and client funds in his trust account, used the account to pay expenses unrelated to attorney-client matters and failed to properly maintain client funds in a trust account. Pratter was disciplined in 1998 for misconduct in six cases, including failing to refund unearned fees or obey a court order, commingling personal and client funds and five counts of unauthorized practice. In mitigation, he cooperated with the bar’s investigation and he had emotional or physical problems. March 5, 1998 MICHAEL STUART PRATTER [#40277], 57, of La Mesa was suspended for two years and until he makes restitution and provides proof of his fitness to practice. The suspension was stayed and he was placed on probation for four years with a one-year actual suspension and an order to make restitution. He was ordered to pass the MPRE and comply with rule 955. The order was effective March 5, 1998. Pratter pleaded no contest to several charges of unauthorized practice of law, failure to refund unearned legal fees, failure to obey a court order and commingling. In one matter, Pratter was hired by a family to protect the assets of their mother, which were in jeopardy due to ongoing civil litigation involving her deceased husband's construction business. During this period, Pratter was ineligible to practice law for non-payment of bar dues. About 10 days later, the family decided not to use Pratter's legal services and requested a refund of unearned fees from their initial payment of $18,500. The family was billed for 46 hours of time spent on their behalf, amounting to about $12,000. The family disputed the charges and the matter was submitted to binding fee arbitration. They were awarded $22,000 (amount of the retainer and interest), which was later upheld in court. Pratter failed to pay the arbitration award. In aggravation, Pratter's misconduct was harmful, he demonstrated indifference toward rectification and his misconduct involved multiple acts of wrongdoing. In mitigation, Pratter suffered a progressive loss of vision during the period of his misconduct and was unable to read sufficiently to function as an attorney. He eventually underwent successful cataract surgery. His health problems severely impacted his ability to earn a living and he had no health insurance, which led to significant financial problems. He was unable to pay his bar dues, which led to his suspension and his inability to repay money owed to his clients.