Nevada attorney disbarred following misconduct allegations

By Karen Kidd | Sep 23, 2017

Nevada attorney Mary Lynn Wyatt has been disbarred by the California State Bar over allegations involving 16 counts of misconduct in two client matters, none of which she contested, according to a recent decision.

In addition to recommending Wyatt be disbarred, the state bar also recommended she be ordered to pay $4,606, plus interest in restitution to the two clients, according to the eight-page decision and order of involuntary inactive enrollment issued Aug. 10.

Wyatt, of Carson City, Nevada, failed to participate in person or via counsel and state bar's decision and order for disbarment was entered by default. In cases such as this, when an attorney fails to participate in a California State Bar disciplinary proceeding despite adequate notice and opportunity, the bar invokes Rule 5.85, which provides the procedure for the state bar to recommend an attorney’s disbarment.

The bar's decision is pending final action by the California Supreme Court, an appeal before the bar's Review Department or expiration of time in which parties to may request further review within the State Bar Court.

Wyatt was admitted to the bar in California on Sept. 29, 1993, according to her profile at the state bar's website.

In one of the two client matters, Wyatt allegedly failed to file a bankruptcy petition on her client's behalf and to respond to the client's multiple status inquiries, according to the decision and order. She also allegedly failed to make deposits in her client trust fund on the client's behalf and to refund unearned fees after she terminated her employment as counsel to the client May 1, 2016.

Wyatt's profile lists a previous discipline against her by the state bar. In May 2008, Wyatt, then practicing in Encino, received a suspended one-year suspension and was placed on two years' probation after she stipulated to three counts of misconduct, according to information on her state bar profile. Those allegations of misconduct stemmed from a divorce petition she filed on behalf of a client.

Wyatt's health issues, the death of her mother and the doctor's care she was receiving for stress and grief-related issues were considered mitigating factors in that discipline, according to information on her state bar profile.

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