Attorney Fails to Comply with Law Regarding Loan Modifications

Allison Tussey —  September 5, 2012 — Leave a comment

Thomas Patrick Giordano, 52, Irvine, California, California state bar number 155548, was disbarred June 16, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court.

Giordano stipulated to 43 counts of misconduct, most involving his failure to perform legal services for his clients. In the majority of cases, he was hired to file a bankruptcy petition; some of the matters involved loan modifications or bankruptcy petitions to avoid foreclosure on the clients’ property. He demonstrated a pattern of accepting fees but failing to perform legal services. He dissolved his law office but failed to provide refunds totaling more than $267,000. He acknowledged in the stipulation that he owes 38 clients $220,965 and agreed to make restitution.

In one matter, his client agreed to hold Giordano harmless from any claims or lawsuits stemming from a loan modification. He stipulated that he did not tell the client to seek independent legal advice. He didn’t notify another client until the day before a trustee’s sale that his loan modification was denied.

In a personal injury case, Giordano stipulated he committed acts of moral turpitude by failing to pay his client’s liens, totaling more than $13,000, although he told the client he had done so. He failed to refund an unearned fee despite his client’s request.

He did refund $26,039 to a couple who hired him to file a chapter 11 petition to save several properties from foreclosure. However, he did no work of value for two other clients who paid him $30,800 and $25,000 respectively to handle their bankruptcies. He owes other clients amounts including $17,000, $14,200, $11,774 and $16,800.

In mitigation, Giordano cooperated with the bar’s investigation and stipulated to disbarment.

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Allison Tussey

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