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In re Lemmons

Attorney who refused to certify that he ceased practicing law following a 2-year suspension was disbarred.

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This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master who was appointed following the filing of a Formal Complaint by the State Bar. The Formal Complaint alleged, and the special master found, that Lemmons violated Standards 4 a lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation and 25 a lawyer shall not practice in a jurisdiction in violation of the regulations of the profession in that jurisdiction of Bar Rule 4-102 d. The violation of Standard 4 may be punished by disbarment, while the violation of Standard 25 may be punished by public reprimand.

The State Bar filed a Formal Complaint against Lemmons, who has been a member of the Bar since 1968. Despite acknowledging service of the Formal Complaint, Lemmons failed to respond. Accordingly, acting pursuant to Bar Rule 4-212, the special master deemed admitted by default the facts alleged and violations charged in the Formal Complaint and recommended disbarment from the practice of law as the appropriate sanction.

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