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THE STATEBAR OF CAL ORNIA

OFFICE OF THE CHIEF T
L COUNSEL
SCOTT J. DREXEL, No. 65 70
CHIEF TRIAL COUNSEL
RUSSELL G. WEINER, No 94 504
DEPUTY CHIEF TRIAL C UNSEL
LAWRENCE J. DAL CE
0, No. 104 34 2
COUNSEL
ASSISTANT CHIEF T
DONALD R. STEEDMAN, o. 104 927
SUPERVISING TRIAL CO
SEL
SUSAN 1. KAGAN, No. 21 209
DEPUTY TRIAL COUNSE
180 Howard Street
San Francisco, California 9 105
Telephone: (4 15) 538-2037

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THE STATEBAR COURT

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HE

G DEPARTMENT - SAN FRANCISCO

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In the Matter of

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ZACHARYB. COUGHLIN

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An Applicant for Admission

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The Committee ofB

Examiners of the StateBar of California ("Committee"), through

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its counsel, Susan 1. Kagan,

eputy Trial Counsel, Office of the Chief Trial Counsel, hereby

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submits its response to the

lication of ZacharyB. Coughlin ("applicant") for admission to the

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StateBar of California, purs

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The Committee opposes ap licant's application for admission.

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nt to rule 682, Rules of Procedure of the StateBar of California.

In providing this resp nse, the Committee reserves the right to rely on additional grounds

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to oppose applicant's applica ion that are not readily apparent at this time and to amend this

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response as appropriate.

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1.

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) Case No. 06-M-13755-PEM

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) COMMITTEE OFBAR EXAMINERS' RESPONSE
) TO APPLICATION FOR ADMISSION (Rule 682,
) Rules of Procedure of the StateBar of California)
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POSITION OF THE

OMMITTEE

The Committee conte ds that the issue before the Court is whether applicant "is a fit and
proper person to be permitted to practice law." (Pacheco v. State Bar of California (1987) 4 3
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Law in
Ca1.3d 104 1,1051.) Pursua t to Rule X of the Rules Regulating Admission to Practice

California, an applicant must be of good moral character. The term "good moral character"

includes qualities of honesty, fairness, candor, trustworthiness,observance of fiduciary

responsibility, respect for an obedience to the laws of the state and the nation and respect for

the rights of others and for t

currently possess the requisit good moral character within the meaning ofBusiness and

Professions Code section 60 O(b), Rule X of the Rules Regulating Admission to Practice Law in

the State of Caiifornia and re evaIlt case law to 'vvarrant his admissioR to membership in the State

judicial process. The Committee contends that applicant does not

9 Bar of California.
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II.

COMMITTEE'SBA IS FOR OPPOSING APPLICANT'S ADMISSION

Applicant has the bur en of establishing that he has good moral character. The

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Committee contends that app icant will not meet his burden of proof in presenting a prima facie

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case to establish his good mo al character.

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If applicant meets this burden, the Committee intends to rebut applicant's case by

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presenting negative evidence f applicant's moral character. The grounds upon which the

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Committee will oppose appli ant's application for admission will depend in part on the evidence

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which applicant offers. How ver, the bases for the Committee's opposition include,but are not

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limited to, the following:

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A.

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On January 23,2003, pplicant was arrested for driving a motor vehicle under the

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influence of marijuana in viol tion of California Vehicle Code section 23152(a). On March 11,

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2003, applicant pled guilty to

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driving. The act of driving un er the influence of marijuana and subsequent conviction for

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reckless driving demonstrate a plicant's lack of respect for and obedience to the laws of the state

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and reflect adversely on his m ral character.

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violation of California Vehicle Code section 23103, reckless

Furthermore, applicant s version of events surrounding the arrest reflects a lack of

candor. When reporting his a est to the Committee in a letter dated March 19,2003,applicant
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Applicant did not update his

plication to include the following civil cases and judgments:

a. River Arms Apartm nts

v.

Zachary B. Coughlin, Washoe County Case No. REV

2005-

at 1 255 Jones
001396. Unlawful detainer a tion against applicant for default in payment of rent

for plaintiff.
Street #132, Reno, NY 89503 in the amount of $660.00. Judgment
Case No. REV 2006b. River Arms Apart ents v. Zachary B. Coughlin, Washoe County

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payment of rent at 1255 Jones

000909. Unlawful detainer a tion against applicant for default in

nt for plaintiff.
Street # 1 32,Reno, NY 8950 in the amount of $720.00. Judgme
DBA Coughlin
c. Shipping Services, DBA Unishippers v. Zachary Coughlin Individually,

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Memory Foam, Washoe Cou ty Case No. RSC

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applicant for non-payment

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$5, 1 6 1 .00.

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The omission ofthis

2005-000301 . Small claims action against

shipping services. Judgment for plaintiff in the amount of

aterial information reflects poorly on applicant's honesty and

candor.

licationtodisclosedef:=ault

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3.

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Applicant answered 'no" to the following question: "Are you in default in any way in the

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performance o r discharge

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order of any court or admini trative agency, including alimony, support orders and decrees?"

any duty o r obligation imposed upon you b y decree, judgment, or

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As set forth above,

money judgment was entered against applicant in all three civil

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cases. To date, he has not

ade payment on any of these judgments and has not updated his

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application to disclose info

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reflects poorly o n applicant s honesty and candor. The failure to pay debts reflects adversely on

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applicant's moral character.

ation about the defaults. The cimission of this material information-- .-

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Applicant last provi ed an employment history update in May 2004. From July 2005

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through December 2005,a plicant was employed as an associate at the law firm, Hale Lane. On

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December 2,2005, applica t left this employment under circumstances that were not amicable.

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On April 28, 2006, the pa

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Applicant did not update h s application to include any information about his employment with

es executed a Severance Agreement and Release ofAll Claims.

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Hale Lane, or the reason for leaving that employment.

The omission of this material information reflects poorly on applicant's honesty and

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candor. The Committee reserves the right to amend this response in the event that the

Committee discovers, in the course of formal discovery, that applicant committed acts in relation

to this employment that reflect poorly on his moral character.

5. Failure to update address

Applicant last provided the Committee with an address update in September 2003.

Thereafter, applicant maintained an address at the following location: 1255 Jones Street #132,

Reno, NY 89503 ("Jones Street"). Applicant did not update his application to illclud'the Jones

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Street address. As set forth above, the unlawful detainer actions against applicant were filed

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based on applicant's failure to pay rent at the Jones Street address.

The omission of material information from his application reflects poorly on applicant's

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honesty and candor. The Committee reserves the right to amend this response in the event that

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the Committee discovers, in the course of formal discovery, that applicant committed acts that

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reflect poorly on his moral character.

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c.

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When reporting the arrest for driving under the influence of marijuana to the Committee

Applicant's misrepresentation and lack of candor regarding substance abuse

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in his letter of March 19,2003, applicant failed to disclose that he had a problem with alcohol

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and instead stated: "I started drinking alcohol in my early twenties and have never been more

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than a social drinker." It was not until the informal conference on July 8,2004, that applicam"

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admitted he had a problem in the past with alcohol and was member of Alcoholics Anonymous

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since January 1, 2002.

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By stating that he had "never been more than a social drinker" when applicant knew had

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a problem with alcohol and was, in fact, a member of Alcoholics Anonymous, applicant made a

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misrepresentation to the Committee which reflects adversely on his moral character. By not

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disclosing his substance abuse problem to the Committee after his arrest for driving under the

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influence, applicant demonstrated a lack of candor.

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III
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D.

an Authorization
of the application process, applicant provided

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Assistance Program of the

Information which allowed the Lawyer

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about applicant's
to disclose information to the Committee

State Bar of California

participation in LAP. The

lLoa,.IVU lapsed in June,2006.

In the letter of

On April 7, 2006,

determined
vised as follows: "The LAP Evaluation Committee has

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for a new LAP authorization
caracter,c nsel for the L1Oimrrl1tt(e has made . teral requests
,
,
r

g applicant's termination from LAP.

l!.aLllV rcumstances prroun
form in order to in

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Applicant has faile

In 2002, as part

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"

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te requested LAP authorization form.

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applic ation process,applicant provided the StateBar with a

The report is used by the State Bar to investigate whether an applicant

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.e

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',y r

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A..$part ofJhe investigation into applicant's moral

Uf.l,I:i<U,.UUVI abuse;"

gained i

has a criminal record.

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years have lapsed since applicant provided a report to the StateBar.

investigate whether there have been any changes to applicant's

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criminal record since

As part of the investigation into applicant's moral character, counsel

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for the Committee has

several requests for a new fingerprint records report in order to

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investigate applicant's cI1mlnal record. Applicant has failed to provide a new report.

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Applicant's

to comply with the requests to provide a new LAP authorization form-,

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and fingerprint records

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moral character.

demonstrates a lack of cooperation with the investigation into his

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Respectfully submitted,

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THE STATEBAR OF CALIFORNIA

ICE OF THE CHIEF TRIAL COUNSEL

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(I )

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Dated: December

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2006

\1'* tlJ----

By: V vy
'-SH-S-'JtN I. KAGAN

Deputy Trial Counsel

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the age of eighteen (18) years, whose business address aqd place
I, the undersigned,
of California, 180 Howard Street, San Francisco, Califorijia
of employment is the State
to the within action; that I am readily familiar with tij State
94105,declare that I am not a
collection and processing of correspondence for mailing with the
Bar of California's practice
in the ordinary course of the StateBar of California's practice,
United States Postal Service;
correspondence collected and. orc)ce:ssea by the StateBar of California would be deposited with
I am aware that on motion of party served,
that same
the United States Postal
meter date on the envelope or
service is presumed invalid if
,",v,UI>a.u J
the affidavit; and that
_t"amCl proICe;SInlg of

_"'oJQll

Francisco, on the date shown

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Zachary B. Coughlin
945 W. 12th Street
Reno, Nevada 89503

in an inter-office mail facility

ly maintained by the StateBar of California addressed to:

N/A

I declare under penalty

foregoing is true and correct.

perjury under the laws of the State of California that the

ecuted at San Francisco, California, on the date shown below.

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DATED: December 11,2006

SIGNED:
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' .T
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'
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ba
B
ar
A
P
e-rry
Declarant