Westminster attorney faces suspension, probation following alleged copyright infringement

By Karen Kidd | Feb 6, 2019

SAN FRANCISCO — Westminster attorney Lenore LuAnn Albert could face a largely stayed suspension and probation following a recently announced California State Bar Court recommendation over allegations of misconduct in two client matters.

The state bar court recommended Albert receive a stayed one-year suspension and two years' probation with six months' actual suspension and that she be ordered to pay restitution, according to the 25-page decision issued Jan. 9 by the state bar court

Albert's alleged misconduct included failures to perform with competence, render an accounting of client funds, refund $20,000 in unearned fees and release a client's file. Albert also allegedly sought to mislead a judge, disobeyed a court order, made a misrepresentation to the state bar and didn't cooperate in a disciplinary investigation, according to the decision.

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 when parties can request further review within the state bar court.

Albert's recommended discipline was among the dispositions filed earlier this month by the state bar court's hearing department for January.  

Albert was admitted to the bar in California on Dec. 5, 2000, according to her profile at the state bar website.  Albert had no prior discipline before the state bar, according to his profile.

Allegations against Westminster stem from a patent infringement lawsuit for which she was hired in 2014, according to the decision. The state bar court did not find Albert culpable of allegations she sought to mislead a court or that she made a misrepresentation concerning a retainer agreement letter but did find her culpable on six other counts, according to the decision.

In a previous discipline described in the decision, Albert received a stayed one-year suspension in December 2017 and was placed on a year's probation with 30 days actual suspension after she failed to obey three court sanction orders issued in 2012 and 2015.

"[Albert]'s prior record of discipline is given less weight since it was imposed after commencement of the current disciplinary proceeding," the decision said.

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