Derek Riley, Esq.

“Under rule 3.562(A) of the Rules of the State Bar of California, Title 3, Division 4, Chapter 2 (Rules of Procedure), you have 30 days from today’s service of the request for enforcement to (1) provide satisfactory proof to this office of your payment of the arbitration award and interest; (2) agree to a payment plan that is satisfactory to Ms. Wolfenbarger or the State Bar; or (3) provide reasons, under Business and Professions Code section 6203, subdivision (d)(2)(B), why you should not be required to comply with the arbitration award. Under rules 3.562(A) and 3.513(B) of the Rules of Procedure, your response to this office is due on or before September 19, 2018. Enclosed for your reference are copies of Business and Professions Code sections 6200 through 6206, as well as relevant excerpts from the Rules of Procedure.”

“Your failure to comply with a final and binding fee arbitration award can result in the imposition of administrative penalties. Under rule 3.554 of the Rules of Procedure, the administrative penalty that can be assessed against you is the greater of 20 percent of the award or $1,000.00. In the event the penalty is assessed and you fail to pay it, the penalty will be added to your annual membership fee for next year.”

“Finally, please take notice that, if no response is received on or before September 19, 2018, under Business and Professions Code section 6203, subdivision (d) and rule 3.565 of the Rules of Procedure, the Presiding Arbitrator of the State Bar’s Mandatory Fee Arbitration Program may file a motion in the State Bar Court seeking to have you involuntarily enrolled as an inactive member of the State Bar until such time as you pay the arbitration award and any assessed penalties. As you may know, an inactive member of the State Bar may not practice law. (Bus. & Prof. Code, §§ 6125, 6126, subd. (b))”