SAN FRANCISCO (Northern California Record) — El Cajon attorney Alexander Warren Tucker faces disbarment by default following a March 19 State Bar of California recommendation after he allegedly failed to comply with conditions of a prior probation.
Tucker allegedly failed to comply with all of the conditions of his probation, including not scheduling a meeting with his probation deputy and failing to file seven quarterly reports, according to the seven-page decision and order of involuntary inactive enrollment issued by the state bar court.
The state bar's decision is pending final action by the California Supreme Court, an appeal before the state bar's review department or expiration of time in which parties may request further review within the state bar court.
Tucker failed to participate in person or via counsel and state bar's decision and order for disbarment was entered by default. In such cases, in which 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.
Tucker's recommended discipline was among the dispositions filed earlier this month by the state bar court's hearing department for March. Tucker was admitted to the bar in California on Nov. 23, 1999, according to his profile at the state bar website.
Tucker had twice prior been disciplined, in spring 2013 and in winter 2015, according to information on his state bar profile. In May 2013, Tucker received a stayed one-year suspension and a year of probation with four months of actual suspension after he was found culpable of failing to render accounts of client funds in a single client matter.
In January 2015, Tucker, then 78, was suspended for two years and placed on three years’ probation after he stipulated to failure to comply with the conditions of his earlier disciplinary probation in an earlier case. "In mitigation, Tucker entered into pretrial and pre-filing stipulations and was suffering from significant health problems at the time of his misconduct," the information on his state bar profile said.