Northern California Record

Thursday, November 21, 2019

San Francisco attorney faces suspension, probation after allegedly failing to comply with previous probation

Attorneys & Judges

By Karen Kidd | Sep 2, 2019

Court

SAN FRANCISCO – San Francisco attorney Timothy Elwood Gomes faces suspension and probation following an Aug. 8 California Supreme Court order after allegedly failing to comply with conditions in a previous probation, according to a recent State Bar of California announcement and court documents.

The Supreme Court handed down a stayed one-year suspension and two years of conditional probation with a minimum of the first 30 days spent on suspension. Gomes will remain on suspension until he makes any reimbursements necessary of the client security fund and makes a total of $10,595 in restitution plus interest to two former clients.

Conditions of Gomes' probation also include passing the multistate professional responsibility examination as previously recommended by the California State Bar Court's Hearing Department. Gomes also was ordered to pay costs.

Gomes' discipline will be effective Saturday, Sept. 7, according to an announcement recently posted on the state bar's website.

Gomes was admitted to the bar in California on Dec. 14, 1993, according to his profile at the state bar website.  

Gomes was placed on a stayed one-year suspension and a year of probation following a Supreme Court order in March of last year, according to the stipulation filed with the State Bar Court in June. That discipline had been handed down following allegations of not providing an accounting and not refunding unearned fees, according to a stipulation reached between Gomes and the State Bar Court in November 2017.

Gomes had no history of discipline prior to the November 2017 stipulation.

Gomes allegedly subsequently failed to file reports and pay restitution as required and in December the office of probation filed a motion for his probation to be revoked.

Gomes was homeless between April and October of last year "and was struggling financially since the state bar disciplinary matter," the most-recent stipulation said, adding that his children had been sent to live with other family members.

"[Gomes] understands these circumstances do not excuse his misconduct, but asserts they assist in explaining the misconduct," the most-recent stipulation said.

Gomes has since moved toward completing his probation requirements and has been cooperative with the office of probation in settling the matter and "he admits that he failed to comply with his probation conditions," the most-recent stipulation said.

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State Bar of CaliforniaCalifornia Supreme CourtState Bar Court of California

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