In this issue..
In re matter of John H
Hoffman Jr.
Vol. XII No. VI
June 2006
COMPENSATION
NEWS
MONTHLY REPORT
Suspended or Disbarred attorney not
allowed to practice before the WCAB
This is a panel
decision
T
his newsletter does not
normally report on
panel decisions.
However, this case has some
bearing since it shows a long
history of practice by someone
not authorized to practice in front
of the Workers' Compensation
Appeals Board (WCAB).
Mr. Hoffman was admitted to
the State Bar of California in
1972. In 1985 he pled guilty to
two counts of Grand Theft. In
1986 he resigned from the State
Bar, with disciplinary charges
pending.
In 1989 he began representing
medical lien claimants. In 2005a
trial was held on why Hoffman
should not be barred from further
appearances before the WCAB.
The Workers' Compensation
Judge (WCJ) found Hoffman
violated Rule 10779. Hoffman
had failed to petition the WCAB
for permission to appear.
A former attorney who has
been disbarred or suspended can
not practice before the WCAB
without first petitioning the
Board. The practice of law
precludes GIVING LEGAL
ADVICE and preparing legal
documents. Disbarred attorneys
cannot file pleadings, negotiate
settlements, prepare stipulations
and other documents for
mandatory settlement conferences
and trials, appear at depositions,
or engage in discovery.
The only work they appear to
be allowed to do is legal work of
a preparatory nature, such as
legal research, assembling data,
assisting in drafting of pleadings
or briefs. Direct communication
with the client is only allowed for
non legal work like scheduling,
billing and updates. They may
accompany an attorney only for
the limited purpose of clerical
assistance at a deposition or
other discovery matter.
You may wish to check if
Hoffman and Associates has been
involved in any of your lien
claims to date.
=================
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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