San Diego

A San Diego lawyer under investigation for misconduct has turned over his clients’ files to the State Bar, which is assuming control of his law practice on grounds that he poses a “possible threat” to the public and the legal profession.

But Richard Degallegos has failed to follow through on his pledge to resign from the bar, an action that would make him ineligible to practice law, officials said Friday.

Victoria Molloy, senior trial counsel for the State Bar, said Degallegos has released more than 500 files to the San Diego County Bar Assn., which is contacting his clients and assisting them in finding new attorneys. A Superior Court judge ordered Degallegos to take that step last month after finding the lawyer incapable of providing competent legal representation.

Immediately after Judge Michael Greer’s ruling, Degallegos announced he was resigning from the bar, but Molloy said he has not done so. As a result, she said, the bar will file formal charges against Degallegos, leading to a disciplinary hearing and action that could range from reproach to disbarment.

Degallegos said Friday he had decided to postpone his resignation until the allegations against him are resolved. He said he does not want to resign “with a cloud” over him.

The State Bar’s action against Degallegos, 48, came after about 2 dozen clients filed complaints against him. Their accusations ranged from failure to show up for court appearances to misappropriation of funds. Investigations by the district attorney and a federal grand jury also are under way.

Degallegos has said that the complaints against him were sparked by his former wife, Susan Eblen, who he claimed is “out to get me.” Eblen has denied that contention.