SAN FRANCISCO – Marc Anthony Guillory, an attorney who practices law in
Oakland, was disbarred on May 28 for allegedly failing to provide his client with a
final billing statement as she requested.
He also failed to render an
appropriate accounting to the client regarding the $3,000 in client funds he
received, which was in “willful violation” of Rules of Professional Conduct.
Guillory’s disbarment was a proverbial final nail in the
coffin after his past disciplinary proceedings involving four separate DUI
offenses that led to his suspension for three years. The court took into
account his past disciplines and determined that disbarment was the best course
“Generally, if the misconduct of a new disciplinary matter
occurred prior, or simultaneous in time to the imposition of discipline in a
prior matter, the court in the subsequent disciplinary matter takes into
consideration the overlapping time periods of the misconduct,” the court said.
In Guillory’s matter, the court explained that the present
and past misconduct is not contemporaneous.
“His most recent misconduct occurred in June 2014, whereas
his prior misconduct concluded with his last DUI in December 2012. The only
issue is the lack of finality of his prior disciplinary matter, which, for
disciplinary purposes, is still considered a prior.”
The court explained that in June 2014, when Guillory
failed to respond to his client’s request for an accounting statement, he was aware of
the Feb. 13, 2014, Hearing Department’s recommendation for a two-year actual
suspension. Thus, he should have been mindful of his ethical duties given his
pending appeal of a lengthy period of suspension.
“Instead (Guillory) committed additional misconduct,” the
court said. “Given these circumstances, disbarment is the necessary
disciplinary response for the protection of the public.”
The official court document also explained that between 1999
and 2012, Guillory was convicted of four alcohol-related driving offenses.
"This case demonstrates that significant professional
discipline may be imposed for multiple misdemeanor convictions of driving under
the influence (DUI) where the surrounding facts and circumstances involve moral
turpitude," the official court document said about the previous
infractions by Guillory.
The court document explained that from the start of his
career, Guillory has been on notice that the State Bar considers
alcohol-related driving convictions to be a serious matter. His first
conviction occurred while he was in law school, and it affected his admission
to the bar. He promised the Moral Character Committee during the admissions
process that he would not drink and drive again.
"Nevertheless, he did so repeatedly after becoming an
attorney, evidencing a lack of concern for public safety and respect for the
legal system," the court said. "Given these circumstances, as well as
the serious aggravation (multiple acts and indifference) and lack of
mitigation, we affirm the hearing judge’s recommendation of a two-year actual
suspension with conditions, including proof of his rehabilitation and fitness
to practice law."
Furthermore, the court ordered an additional year to
Guillory’s suspension based on his repeated misbehavior.
Guillory’s prior offenses led the court to evaluate his most
current conduct as further confirmation of his lack of professional conduct and
found disbarment the best course of action.