Wednesday, August 08, 2007 8:04:07 PM
"LEO JOSEPH MORIARTY JR. [#140093], 46, of Irvine was suspended for one year, stayed, placed on three years of probation with a 30-day actual suspension, and was ordered to take the MPRE within one year. The order took effect Feb. 12, 2000.
Moriarty stipulated to misconduct in two matters.
In the first, he falsely told a court several times that a criminal defendant was represented by another attorney and that he was making special appearances for that attorney. He stipulated that he misled the court and by doing so committed an act of moral turpitude.
In the second matter, Moriarty stipulated that he improperly withdrew from employment by failing to communicate with his client and allowing her case to be dismissed.
In that case, he filed a product liability complaint over a car fire. The automobile did not remain in his client’s possession, so Moriarty determined there was no viable cause of action since the car was not available for inspection.
Moriarty did not appear at two hearings, the case was dismissed with prejudice, and he took no steps to set aside the dismissal.
Although Moriarty says he told his client the case would be dismissed if it could not be settled, his client claims Moriarty never communicated any intention to allow a dismissal. He also stated that his failure to appear and the resulting dismissal were intentional, since a case could not be made at trial.
Moriarty does admit he never spoke to the client after the matter was dismissed."
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