California Bar Journal Discipline Summaries
Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are .
July 19, 2008
WILLIAM MICHAEL McCANN [#66753], 59, of San Jose was suspended for one year, stayed, placed on one year of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order took effect July 19, 2008.
The State Bar Court review department agreed with a hearing judge's findings that McCann forged documents, failed to keep clients informed about developments in their cases and made misrepresentations to a bar investigator, but it increased the level of discipline.
He was hired to represent a minor who had been in a traffic accident.
July 19, 2008
WILLIAM MICHAEL McCANN [#66753], 59, of San Jose was suspended for one year, stayed, placed on one year of probation with an actual 60-day suspension and was ordered to take the MPRE within one year. The order took effect July 19, 2008.
The State Bar appealed a hearing judge’s recommended discipline, which did not include an actual suspension, and asked for a three-month actual suspension. The review department took into consideration McCann’s 30 years of discipline-free practice and settled on a 60-day actual suspension.
The hearing judge found that he committed forgery, failed to keep clients reasonably informed of significant developments and made misrepresentations to a State Bar investigator.
In a personal injury case, he represented a minor whose medical expenses were paid by Blue Cross of California through an ERISA-qualified plan. Blue Cross hired The Rawlings Co. to obtain reimbursement for those benefits.
McCann did not respond to Rawlings’ notice of a lien and he believed that Blue Cross did not have a valid lien against any recovery. The lien amounted to $831.85.
When the case settled for $4,500, McCann endorsed the settlement check on behalf of Rawlings Co. for Blue Cross, knowing his clients were anxious to receive their money. He later received another lien notice but did not respond. When a Rawlings representative called McCann about the settlement check, he responded that he had “implied authority” to sign it. Although he attempted to pay part of the amount owed and then the full amount, his checks were returned.
He told a State Bar investigator that he had verbal authorization to endorse the check and said he thought the matter was resolved when he offered to fully reimburse Rawlings.
The review panel agreed with a hearing judge’s findings that McCann committed forgery, failed to keep his clients reasonably informed and made misrepresentations to a bar investigator, committing an act of moral turpitude. However, it disagreed with the judge’s belief that McCann acted in good faith because he believed the lien was invalid. That belief, the panel said, did not justify forgery.
“McCann consciously took the risk and forged Rawlings’ name in order to get the money to his impoverished clients quickly,” wrote Judge Madge Watai. His “good intentions,” she added, did not trump his dishonesty.
McCann has no prior record of discipline in 30 years of practice.
