Lawyer faces disbarment for using ‘Esq.’ while suspended

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A California disciplinary panel has recommended disbarment for a lawyer who allegedly held himself out as entitled to practice law while under suspension.

The California State Bar Court recently recommended the disbarment of John Mark Heurlin of Tustin, Calif. Heurlin was suspended in 2005 after admitting that in a lengthy fee dispute with other attorneys he withheld money from settlement proceeds as “collection costs,” an act that amounted to charging an unconscionable fee. Heurlin also admitted to failing to maintain client funds in trust. He remained on suspension until 2011, when he was ordered on inactive status.

In 2011, the California State Bar’s disciplinary counsel charged Heurlin with the unauthorized practice of law in having improperly held himself out as entitled to practice law while on suspension. The bar court found that Heurlin repeatedly held himself out as entitled to practice when he referred to himself as “John M. Heurlin, Esq.,” “attorney,” and “Law Offices of John M. Heurlin” in correspondence and court filings.

In his defense, Heurlin argued that his use of the word “esquire” in connection with his name did not amount to a disciplinary violation because the term has meaning outside the practice of law.

The bar court rejected this argument, explaining that, by affixing the label “Esq.” next to his name and referring to himself as an attorney, Heurlin “may well have created ‘the misleading impression’ that [he] presently is licensed to practice law and currently maintains a functioning law office.”

In recommending disbarment, the bar court noted that Heurlin continues to hold himself out as entitled to practice law despite warnings from the California Court of Appeal and a disciplinary judge.

“Apparently, [Heurlin] is either ‘unwilling or unable’ to conform his behavior to the rules of professional conduct,” the bar court said.

The panel’s recommendation is currently under consideration by the California Supreme Court.