Northern California Record

Wednesday, November 20, 2019

San Jose attorney faces suspension following alleged failure to supervise disbarred attorney

Discipline

By Karen Kidd | Jul 11, 2019

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SAN FRANCISCO (Northern California Record) — Longtime San Jose attorney Robert Alan Machado faces suspension following a June 24 California Supreme Court order after he allegedly failed to supervise a disbarred attorney, according to a recent State Bar of California announcement and court documents.

The court handed down a stayed three-year suspension and four years' conditional probation with a minimum of the first two years spent on suspension. Machado will remain suspended until he provides proof to the State Bar Court of California of his "rehabilitation, fitness to practice and present learning and ability in the general law," the high court said in its order.

Conditions of Machado's probation include passing the Multistate Professional Responsibility Examination as previously recommended by the state bar court's hearing department.

Machado also was ordered to pay costs. His discipline will be effective July 24, according to an announcement recently posted on the state bar's website.

Machado was admitted to the bar in California on Nov. 29, 1979, according to his profile at the state bar website. Machado has been on interim suspension since March of last year, according to his profile.

Allegations against Machado stemmed from his association with the disbarred attorney, who was a longtime family friend, according to the stipulation filed with the state bar court in March. The stipulation describes Machado as an "active probate attorney with no litigation experience."

Machado admitted in a declaration referred to in the stipulation that he "bore full fault for not properly supervising and managing" a client's case and he subsequently was obligated to pay $325,000 in restitution "for harm caused, not theft" as a condition of his "criminal probation," the stipulation said.

"As part of his plea agreement, his clients retained the ability to pursue him further for any additional damages that they suffered as a result of [his] malpractice," the stipulation continued. "Additionally, [Machado} caused harm to the administration of justice by allowing an ineligible attorney to practice law behind his license."

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State Bar of CaliforniaCalifornia Supreme CourtState Bar Court of California

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