SAN FRANCISCO — West Hollywood attorney John Frederick LeBouef faces possible disbarment by default following a California State Bar Court recommendation.
LeBouef is accused of creating a revocable trust and will for a client in which LeBouef was the main beneficiary to the trust, according to the eight-page decision and order of involuntary inactive enrollment issued Sept. 21. Other allegations included using trust property for his own personal use, according to the decision and order.
LeBouef also allegedly suppressed testamentary evidence, according to the decision and order.
"Specifically, [LeBouef] removed his client's original last will and testament and revocable trust shortly after his client's death, in an effort to hinder the litigation of his client's probate," the decision and order said.
No other disciplinary investigations are pending against LeBouef and the client security fund has made no payments as a result of his alleged misconduct.
LeBouef's recommended discipline was among the dispositions filed earlier this month by the state bar court's hearing department for September.
LeBouef failed to participate in person or via counsel and state bar's decision. An order for disbarment was entered by default. In such cases, in which an attorney fails to participate in a State Bar of California 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 state bar court's recommendation included an involuntary inactive enrollment order that rendered LeBouef involuntarily enrolled as an inactive member of the State Bar of California. That order was effective three calendar days after service, according to the recommendation.
The state bar's recommendation 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.
LeBouef was admitted to the bar in California on Dec. 18, 1974, according to his profile at the state bar website. LeBouef had no prior discipline before the state bar, according to decision and order.