State Bar files Notice of Disciplinary Charges against Susanville attorney Tammy Mallery

According to an April 22, 2024 filing in the State Bar Court in San Francisco, Susanville attorney Tammy Mallery faces 14 disciplinary charges.

Lassen News called Mallery’s office seeking a comment for this story, but we did not receive an immediate response.

Tony and Tammy Mallery receive the People’s Choice Award during the Chili Cook-off at a past Rails to Trails Festival at the Historic Railroad Depot.

According to the bar’s documents, Mallery faces 14 disciplinary counts including failure to act with reasonable competence, failure to act with reasonable diligence, failure to respond to client inquires, failure to release file, failure to render accounts of client funds, failure to return unearned fees, failure to cooperate in State Bar investigation.

The disciplinary charges cite two different court cases involving trusts.

Case No. 23-0-21379
In case No. 23-0-21379 Mallery allegedly “intentionally, recklessly, repeatedly or grossly negligently failed to act with reasonable competence in the administration of a trust;” “intentionally, recklessly, repeatedly or grossly negligently failed to act with reasonable diligence;” “failed to respond promptly to three emails and one text message which contained reasonable status inquires;” “failed to release promptly, upon termination of respondent’s employment … all the client’s papers and property following the client’s request;” “failed to render an appropriate accounting to the client … following the termination of respondent’s employment after receiving $3,000 in advance fees;” “respondent performed no services of value on behalf of the client and therefore earned none of the advanced fees paid;” and “respondent failed to cooperate and participate in a disciplinary investigation pending against respondent by failing to provide a substantive response to the State Bar’s letters.”

Case No. 23-0-21847
In case No. 23-0-21379 Mallery allegedly “intentionally, recklessly, repeatedly, or grossly negligently failed to act with reasonable competence … in willful violation of Rules of Professional Conduct;” “respondent failed to respond promptly to six emails which contained reasonable status inquiries made by respondent’s client … that respondent received in a matter in which respondent had agreed to provide legal services, in willful violation of Business and Professions Code;” “respondent failed to release promptly, upon termination of respondent’s employment … all of the client’s papers and property following the client’s request for the client’s file … in willful violation of Rules of Professional Conduct;” “respondent thereafter failed to render an appropriate accounting to the client regarding those funds following the termination of respondent’s employment;” “respondent thereafter failed to render an appropriate accounting to the client regarding those funds following the termination of respondent’s employment;” and “respondent failed to cooperate and participate in a disciplinary investigation pending against respondent by failing to provide a substantive response to the State Bar’s letters of Oct. 23, 2023, Nov. 6, 2023, Nov. 8, 2023, Nov. 27, 2023, and March 14, 2023.”

A status conference in the matter is scheduled via Zoom at 9:30 a.m. Monday, June 3, 2024.