Aaron Spolin allegedly sought out incarcerated clients under false promises related to a 2018 resentencing law — California Assembly Bill 2942 — that allows district attorneys throughout the Golden State to recommend the recall and resentencing of certain crimes with "serious and violent felonies" excluded, according to a Monday statement from the California bar.
Spolin was reportedly well aware that he was pocketing cash from desperate people who were ineligible for relief under the law because of the offenses they committed and because he had been advised repeatedly by the district attorney's offices in Los Angeles and Orange County that they would independently make such determinations, according to a notice of disciplinary charges filed Monday.
Spolin is accused of charging unconscionable fees, failing to render candid advice, misleading communications, failure to communicate, moral turpitude and misrepresentation throughout the notice's 18 counts of alleged misconduct.
George Cardona, chief trial counsel for the California Bar, said in the Monday statement that, "Offering false hope to those in dire straits for one's own financial gain is contrary to a lawyer's responsibilities."
"This principle underlies the notice of disciplinary charges, which alleges that Mr. Spolin misled and withheld information from prisoners and their families to convince them to pay him for services that provided them no relief," Cardona said.
Despite receiving at least nine letters from the Los Angeles district attorney's office between February and April 2021 alerting him of the eligibility criteria for resentencing consideration and a notice on the agency's website that "a lawyer cannot initiate or accelerate the review process for an individual case," Spolin allegedly continued to accept payments from incarcerated people convicted in that county who had zero chance of release under the 2018 law.
The fiancé of Karl Holmes — who faces execution and was sentenced in Los Angeles County in connection with the murders of three people and other crimes — paid Spolin more than $20,000, according to Monday's notice. In addition to misleading Holmes' fiancé, Spolin allegedly failed to provide a full accounting of his legal work when it was requested.
The sister of Thomas Stringer, sentenced to 160 years to life in Los Angeles County for crimes including gang-related kidnappings and armed robberies, paid Spolin more than $17,000 for futile legal work.
"Spolin continued to advise the inmate and his sister to pursue resentencing, failing to disclose the improbability of success given his prior receipt of multiple communications from the LADA that made clear such requests would not be considered for violent offenders," the bar said in the Monday statement.
Spolin falsely claimed in a February 2023 communication to Stringer that he had been in contact with the district attorney's office, which "stated that they would like more information about you and your case," the notice alleges.
In another Los Angeles County case, Spolin allegedly collected more than $26,000 from the sibling of an incarcerated man convicted of murder and other crimes that made him ineligible for relief.
Spolin allegedly received "no fewer than eight letters" in 2021 from the Orange County district attorney's office informing him of their policy to only review cases for potential resentencing under the 2018 law which had been recommended by the California Department of Corrections and Rehabilitation, according to Monday's notice.
"Nevertheless, after receiving these letters, Spolin charged an inmate, who had been sentenced to 15 years to life for second degree murder, and his wife $28,500 for post-conviction legal services, including an application to the OCDA for resentencing under AB 2942," the bar said.
The notice gives Spolin 20 days from the date of service to file a written response and warns that failure to answer may result in a default judgment, a change in his status as a California-licensed attorney to inactive and further disciplinary action.
Spolin's attorney, Erin Joyce, told Law360 Pulse in an email Wednesday that, "Mr. Spolin has been fully cooperative with the State Bar and will continue to cooperate."
"He looks forward to resolving this matter in the near future," Joyce said.
A representative for the State Bar of California told Law360 Pulse in an email Wednesday, "If Mr Spolin is found to have engaged in misconduct, the state bar anticipates that it will be seeking to suspend or revoke his license."
The State Bar of California is represented by its own Gail C. Mullikin.
Spolin is represented by Erin Joyce of Erin Joyce Law PC.
The case is in the matter of Aaron Spolin, case no. SBC-24-O-30656, in the State Bar court, Hearing Dept., Los Angeles.
--Editing by Drashti Mehta.
Update: This article has been updated to include comments from Erin Joyce.
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