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Brian R. Booker
Brian brings more than 20 years of experience in
solving complex legal matters involving product
liability defense, business torts, professional liability,
direct sales and multi-level marketing, finance, and
real estate. Recognized by Best Lawyers in America
and Southwest Super Lawyers for his legal
expertise, Brian has represented corporations,
product manufacturers, financial institutions, and
residential and commercial mortgage brokers.
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Thereafter, Mr. Solot failed to communicate
with or respond appropriately to any of the people
essential to promoting Mr. Hussak’s interests.
Mr. Schubart needed Mr. Solot to get Schubart
appointed associate counsel in the bankruptcy
case in order to properly administer the eminent
domain matter, but Mr. Solot did not respond to
Schubart’s requests for information or assistance.
Ultimately, the Superior Court dismissed Hussak’s case. Mr. Solot failed to respond to Hussak
or any of those whom Hussak authorized to communicate for him. Mr. Solot also failed to respond
to Hussak’s realtor who had a buyer interested in
buying Hussak’s home. At one point the realtor
scolded Mr. Solot in an email for his unprofes-sionalism in failing to respond to people important
to Hussak’s legal matters. Mr. Solot still did not
respond. The bankruptcy court dismissed Hussak’s
case several times due to Mr. Solot’s missing or
inadequate filings. Although he got the case reinstated, Mr. Solot did not report these events to
Unable to obtain case-related information
from Mr. Solot, Mr. Hussak learned from the
bankruptcy clerk that his case had been dismissed.
From prison, Hussak filed a motion in pro per to
reinstate the case. When Mr. Solot learned that
Hussak was able to do this, he finally communicated with Hussak. However, he failed to appear
in court for the hearing on Hussak’s motion to
reinstate, and the court dismissed the case. Mr.
Solot agreed to file a new Chapter 13 case for free,
and did so, but failed to advise Hussak that he
had 30 days after filing within which to seek an
extension of the automatic bankruptcy stay. Mr.
Solot did not seek an extension. Hussak lost his
business property, the property subject to the
eminent domain case, his home, and any chance
to sell assets, negotiate debts with creditors, and
salvage anything for himself. Mr. Schubart lost
the opportunity to earn a contingent fee in the
eminent domain case. Mr. Solot converted the
Chapter 13 case to a Chapter 7 case, and Hussak
obtained a discharge in bankruptcy.
During the State Bar’s screening investigation,
Mr. Solot failed to respond to the Bar’s requests
for a response. Later, he failed to file an answer
to the formal complaint. Mr. Solot claimed that
he and the bar reached a consent agreement;
however, although he and bar counsel discussed
entering into an agreement for discipline by consent, they did not reach a settlement. The presiding disciplinary judge entered a default and the
case went to an aggravation/mitigation hearing.
Although Mr. Solot testified, he offered no discernible reason for failing to respond to Mr. Hussak and others in the underlying case or to the
State Bar during the screening investigation. The
hearing panel decided that Mr. Solot knowingly
abandoned his client and failed to fulfill his duty
to cooperate in a State Bar investigation.
Aggravating factors were: a prior disciplinary
offense, selfish motive, multiple offenses, bad faith
obstruction of disciplinary proceeding by intentionally failing to comply with rules or orders of