- BRIAN LEO DAY
- RICHARD DAVID COMESS
- FRANK S. CARLEO
- MICHAEL JOHN GUGLIELMINO
- WILLIAM CARLEY HALSEY
- SHARON LYNN BARNES
- KENNETH LEE KIDDY
- FREDERICK TAIT EHLER
- JAGROOP SINGH GILL
- JOHN WILLIAM ELKINS
- STEVEN DENNIS BAUER
- MARC RUSSELL LEVINE
- JAMES JOSEPH BRUSTMAN
- GLENN WILLIAM CHAROS
- JAMES ROBERT BUTTERWORTH
- MARC AARON GOLDBACH
- CRANE STEPHEN LANDIS
- ROBERT KEH YASU
- DONALD RANCE WELCH
- CHRISTOPHER LaVAR TURPIN
- KENNETH BRUCE TISHGART
- JAMES SYME PARTRIDGE
- JIM PARSONS MAHACEK
- FRANK MARTIN ENNIX III
- GAIL JUDITH HIGGINS
- JACK NEIL SWICKARD
- QUENTIN BURNELL SIMS
- WILLIAM STORM BLEECKER
- BRENDAN PATRICK BRADY
- MARIO CASILLAS
- IRA COHEN
- STEVEN JOSEPH COOPER
- KEITH M. DAVIDSON
- FABRICE JOHN DESBROSSES
- ROBERT FRANCIS GRAHAM
- NWABUEZE CHUKWUEDOZ I. EZEIFE
- VINCENT MICHAEL CASIANO
- GREGORY CHANDLER
- KENT PIERCE TIERNEY
- LAURA ANN RAYCRAFT
- RICHARD ANTHONY LIMA
- ADAM RANALD FAIRBAIRN
- MICHAEL LAWRENCE DeFRANK
- PAUL NELSON DANE II
BRIAN LEO DAY [#140451], 47, of Costa Mesa was suspended for one year, stayed, actually suspended for six months and until the State Bar Court terminates the suspension, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect June 13, 2010.
In a default proceeding, the State Bar Court found that Day committed nine acts of misconduct in two matters, including failures to perform legal services competently, communicate with clients, return client files and cooperate with the bar’s investigation.
In the first matter, a couple hired Day to represent them in a construction defect case against the builder of their home and a failure to disclose property defects case against the real estate agents. He did not file a claim or a lawsuit against the builder or agents and when the clients were unable to contact Day despite repeated requests, they fired him and asked for the return of their file.
In the second matter, Day represented a doctor in a breach of contract action. Although he filed a lawsuit, he did not notify the defendants about a case management conference. He missed two hearings, did not file his client’s declaration and the case ultimately was dismissed. He took no action to reinstate the case and did not answer the client’s phone calls or e-mails.
In mitigation, Day had no prior discipline record.
He was placed on involuntary inactive status Dec. 10, 2010, for failing to respond to charges filed in October that he did not comply with rule 9.20. He is accused of not submitting to the bar court an affidavit stating that he notified his clients, opposing counsel and other interested parties that he was suspended from practice as a result of the discipline described above.
RICHARD DAVID COMESS [#198665], 60, of Monrovia was suspended for one year, stayed, placed on probation for three years with an actual suspension of 60 days and was ordered to make restitution and take the MPRE. If he remains suspended for 90 days, he must comply with rule 9.20 of the California Rules of Court, and if he remains suspended for two years or more, he must provide proof of rehabilitation. The suspension took effect June 13, 2010.
Comess entered the Lawyer Assistance Program for mental health and substance abuse issues in 2004. In that matter, he stipulated that he practiced law while suspended for failing to comply with MCLE requirements. He also did not refund a $4,000 fee that he was not entitled to receive and he committed acts of moral turpitude by misrepresenting his status with the bar to his client. In a second matter, he stipulated that he did not comply with rule 955 (later renumbered as Rule 9.20) of the California Rules of Court that requires a disciplined attorney to submit to the bar court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension.
Comess successfully completed the LAP program in 2009. He also was disciplined in 2003 and 2004.
FRANK S. CARLEO [#65390], 65, of Inglewood was suspended for one year, stayed, placed on probation for two years with an actual suspension of 30 days and he was ordered to take the MPRE within one year. The suspension took effect June 20, 2010.
Carleo pleaded no contest to State Bar charges of filing a proof of service that contained a false statement and of not reporting to the bar imposition of a $1,126 court sanction. He had stated in a declaration that he had served defendants and their attorneys with a copy of the declaration when he had not.
MICHAEL JOHN GUGLIELMINO [#104484], 56, of San Francisco, was suspended for two years, stayed, and was placed on probation for four years with an actual suspension of 30 days. The suspension took effect June 20, 2010.
Guglielmino stipulated that he failed to file proof of compliance with Rule 9.20 of the California Rules of Court, as required by a 2009 disciplinary order. At that time, he had been found to violate seven of 14 probation conditions imposed in a 2007 disciplinary order.
WILLIAM CARLEY HALSEY [#71090], 63, of Oceanside, was suspended for one year, stayed, placed on probation for three years with an actual 30-day suspension and he was ordered to take the MPRE within one year. The suspension took effect June 20, 2010.
Taking into consideration that Halsey successfully completed the State Bar’s lawyer assistance and alternative discipline programs last November, the State Bar Court imposed discipline in a 2005 case in which Halsey failed to maintain funds in a client trust account and misappropriated $42,000 that was supposed to be held in trust in a divorce case.
In mitigation, Halsey was suffering from multiple debilitating medical conditions at the time of the misconduct, had personal and emotional problems and he cooperated with the bar’s investigation. He also paid his client before any threat of disciplinary proceeding. Halsey was privately reproved in 2003 in another case involving his client trust account.
SHARON LYNN BARNES [#140413], 51, of Colton was suspended for five years, stayed, placed on probation for five years with an actual two-year suspension and until she makes restitution and proves her rehabilitation, and she was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The suspension took effect June 25, 2010.
Barnes was charged with six counts of failure to pay client funds promptly, misuse and failure to maintain client funds in a trust account and moral turpitude as a result of misappropriation and bounced checks.
In 2003, Eagle Credit Resources LLC hired Barnes to provide collection litigation services on accounts receivable owned by Eagle. She was to receive 30 percent of the amounts collected. In 2004, the credit company became concerned that two checks from Barnes’ law office had been returned for insufficient funds. Barnes made good on the funds but Eagle decided to make an unannounced audit, in which it found a number of errors, including lack of disbursement of money collected in a timely manner. Eagle wanted Barnes to stop her representation of the company and pay more than $50,000 it was owed. The suspension order calls for Barnes to repay the $52,000.
Barnes said that one of her non-attorney employees had embezzled the money, but the court said she must take responsibility for supervising the firm’s bank account. In mitigation, the court found that Barnes had no prior record of discipline, was cooperative in the investigation, presented good character testimony and suffered a number of family and medical issues, including the death of a child.
KENNETH LEE KIDDY [#85060], 61, of Stockton was suspended for one year, stayed, placed on probation for two years and was ordered to take the MPRE within one year. The order took effect June 25, 2010.
Kiddy failed to file a bankruptcy petition for a client after receiving advanced fees of $1,300 in 2008. It was not until January 2010 that Kiddy refunded the money to his client. He also repeatedly failed to respond to the client’s questions about the status of the filing and the whereabouts of the refund.
In mitigation, Kiddy has no prior discipline record.
The probation of FREDERICK TAIT EHLER [#165526], 53, of San Jose was revoked and he was suspended for one year and ordered to comply with rule 9.20 of the California Rules of Court. The suspension took effect June 27, 2010, and Ehler was given credit for a period of involuntary inactive enrollment that began March 6, 2010.
Ehler filed no response to charges that he failed probation conditions, including submitting quarterly reports, medical waivers, drug and alcohol screening reports and current contact information.
Ehler had two previous discipline records, including one related to a misdemeanor burglary conviction.
JAGROOP SINGH GILL [#113696], 54, of Chowchilla was suspended for six months, stayed, placed on probation for two years with an actual suspension of 30 days and he must take the MPRE within one year. The suspension took effect July 4, 2010.
Gill stipulated to one felony conviction involving driving under the influence and causing bodily injury. He was accepted into the State Bar Court’s Alternative Discipline Program but was terminated from it less than two months later for failing to adhere to program requirements. The court then imposed a higher level of discipline than would have been the case had he completed the ADP.
JOHN WILLIAM ELKINS [#91374], 58, of Kensington was suspended for two years, stayed, placed on probation for two years with an actual suspension of 90 days and he was ordered to comply with rule 9.20 of the California Rules of Court and take the MPRE within one year. The suspension took effect July 9, 2010.
Elkins was charged with moral turpitude for sending more than 50 abusive and threatening voicemails to officials involved in the execution of his father’s estate after he was removed as co-executor. Among other things, he threatened to report the officials to various state and federal agencies in an attempt to gain an advantage in a civil dispute and accused an ex-officio judge of taking a bribe.
STEVEN DENNIS BAUER [#50084], 65, of West Sacramento was suspended for 30 days on July 24, 2010.
Bauer stipulated that he violated the terms of a 2009 probation by failing to comply with rule 9.20 of the California Rules of Court. He did not submit to the State Bar Court an affidavit attesting that he notified his clients, opposing counsel and other pertinent parties of his suspension.
However, Bauer says he did make the required notifications and otherwise complied with rule 9.20. During the time in question, he traveled to Arizona to care for his elderly father and placed his mail on hold. The bar court found his affidavit defective because it did not address whether it dealt with pending cases or say if Bauer turned over client files before the deadline. He filed an acceptable declaration late.
In the underlying discipline, Bauer stipulated that he commingled personal funds in his trust account and committed an act of moral turpitude by using the account to conceal his personal assets from the Franchise Tax Board. He has been disciplined twice previously — in 1990 for misconduct in two client matters and in 1996 for a conviction for failing to file tax returns for three years.
MARC RUSSELL LEVINE [#113671], 51, of Irvine was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect July 25, 2010.
Levine stipulated to three counts of misconduct stemming from being sanctioned while representing two defendants in Orange County Superior Court. He missed a case management conference and the resulting hearing on an order to show cause and he was sanctioned. He didn’t pay the sanction or notify the bar, nor did he cooperate with the bar’s investigation of his misconduct.
In mitigation, Levine has no prior discipline record, he was suffering from emotional and financial problems and was evicted from his residence. He presented evidence that he failed to pay the sanctions because he cannot afford to do so.
JAMES JOSEPH BRUSTMAN [#47523], 70, of Anaheim was suspended for one year, stayed, placed on three years of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect July 25, 2010.
Brustman successfully completed the Alternative Discipline Program after demonstrating a connection between his substance abuse and his misconduct. He stipulated that in a personal injury matter in which he received two settlement checks, he committed acts of moral turpitude by misappropriating client funds and he failed to maintain client funds in his client trust account or perform legal services competently. He did not give his client settlement funds in a timely fashion or satisfy medical liens and his client was subjected to the threat of further legal action and collections as a result of Brustman’s actions.
Brustman was publicly reproved in 1998. In mitigation, he had physical and emotional difficulties in his personal life.
GLENN WILLIAM CHAROS [#115506] 54, of Escondido was suspended for two years, stayed, placed on two years of probation with an actual 90-day suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010. Charos also was disciplined Aug. 21, 2010, with another two-year stayed suspension, three years of probation with a 90-day actual suspension and additional requirements that he take the MPRE and comply with rule 9.20.
The second suspension came after Charos stipulated that he was twice convicted of driving under the influence with priors. Neither conviction involved moral turpitude, but they did involve other misconduct warranting discipline. Charos also has been convicted twice of driving without a license.
The July discipline was imposed for probation violations stemming from a 2003 discipline; in that matter, Charos submitted 10 quarterly probation reports late, and completed ethics school and continuing education classes late. The 2003 discipline was imposed for misconduct in three matters, including failures to perform legal services competently or cooperate with the bar’s investigation and he improperly withdrew from representation.
In mitigation, Charos presented evidence of pro bono and charitable activities.
JAMES ROBERT BUTTERWORTH [#219304], 44, of Visalia was suspended for three years, stayed, placed on four years of probation with an actual two-year suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010.
The State Bar Court found that Butterworth committed misconduct in eight client matters, including failures to perform legal services competently, account for client funds, refund unearned fees totaling $13,193, release client files or cooperate with the bar’s investigation, and he improperly withdrew from employment, commingled personal funds in a client trust account and represented multiple clients with potential conflicts.
Although Butterworth tried to be enrolled in the bar’s Alternative Discipline Program, his request was rejected by the bar court’s review department, which found that his misconduct caused significant economic and legal harm to his clients. The bar urged his disbarment. The court said that would be an “unduly harsh” punishment but recommended a lengthy suspension because he abandoned clients and owed unearned fees of $13,193 to six clients. Nonetheless, the court found that he accepted responsibility for his misconduct, expressed remorse and despite substance abuse and mental health problems, seems determined to be fully rehabilitated.
In one matter, for example, a couple paid Butterworth a $3,000 advance fee to collect on a $30,000 debt. He took no action, moved his offices without telling the clients and had no further contact with them other than a letter that stated he had personal problems. He never provided a refund or returned the clients’ original documents.
Another client paid a fee of $1,500 for Butterworth to handle a family law matter. Although he made a court appearance, he never finalized the matter and didn’t refund his unearned fee. Another client also paid $1,500 for Butterworth to resolve a dispute concerning a marital settlement agreement. However, Butterworth did no substantial work, moved his office without telling the client and didn’t respond to any messages. When the client visited the new offices, Butterworth promised to complete the work, but he never did, nor did he refund the unearned fee.
MARC AARON GOLDBACH [#139318], 54, of Whittier was suspended for two years, stayed, placed on three years of probation with a nine-month actual suspension and he was ordered to take the MPRE within one year. The order took effect July 25, 2010.
Goldbach successfully completed the State Bar Alternative Discipline Program after showing a connection between his substance abuse and mental health problems and his misconduct.
He stipulated that he committed acts of moral turpitude by misappropriating approximately $75,300, writing four checks against insufficient funds and making misrepresentations to the court and to the attorney for an estate, and he disobeyed a court order and failed to maintain client funds in a trust account. He was hired by a couple to represent them in litigation they anticipated after the death of the husband’s aunt and for settlement of her estate.
CRANE STEPHEN LANDIS [#205057], 45, of Santa Monica was suspended for two years, stayed, placed on three years of probation with an actual 10-month suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010.
Landis stipulated to seven counts of misconduct in three client matters.
In the first, he filed a lawsuit to collect the unpaid balance on a promissory note but then failed to appear at two hearings and the case was dismissed. Landis was sanctioned three times – $725 for failing to appear at a case management conference, $1,500 for discovery sanctions and $1,000 as a default relief sanction. He paid the $725, but neither paid nor reported the other two sanctions to the bar. He also didn’t notify his clients of the dismissal.
He stipulated that he failed to perform legal services competently, report sanctions to the bar, obey a court order, keep clients informed of significant developments in their case or cooperate with the bar’s investigation.
In a second matter, Landis practiced law while not authorized as a result of not responding to disciplinary charges. He appeared twice in criminal court and gave legal advice to his client.
In the third matter, he did not file a rule 9.20 compliance affidavit on time as required by a 2008 discipline. He was required to notify his clients, opposing counsel and other pertinent parties of his suspension, but he filed the requisite affidavit 58 days late.
In a default proceeding in 2008, the bar court found that Landis committed misconduct in two client matters while he was on inactive status for a month as a result of not completing his MCLE requirements.
In mitigation, he cooperated with the bar’s investigation and he suffers from severe depression.
ROBERT KEH YASUI [#131481], 49, of Los Angeles was suspended for two years, stayed, placed on two years of probation with a 90-day actual suspension and was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010.
Yasui stipulated that he misused his client trust account to pay for business expenses and commingled personal funds in the account. He wrote four checks against the account to pay his office rent and parking expenses.
He rarely handled cases in which he came into possession of client funds and he didn’t promptly remove earned fees.
Yasui has no prior discipline record and he promptly took steps to deal with the misconduct.
DONALD RANCE WELCH [#152814], 47, of Tustin was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect July 25, 2010.
Welch stipulated that he handled a criminal matter in Arizona without being admitted to practice there.
In mitigation, he had no prior discipline record, cooperated with the bar’s investigation and told his client he should hire an Arizona lawyer.
CHRISTOPHER LaVAR TURPIN [#210177], 38, of Los Angeles was suspended for two years and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010.
As an associate at the Mashney Law Offices, Turpin was assigned a client who claimed a doctor burned his skin with a laser during a tattoo removal procedure. Turpin estimated the case was worth $40,000, settled it for $10,000 but told his law firm the settlement was for $5,000. He prepared a release agreement that promised the client would not file a lawsuit against the doctor for any employment dispute or any medical malpractice dispute. He also asked the doctor to issue two checks, one for $5,000 payable to Mashney Law Offices and the client, and the other for $5,000 payable to Turpin.
Firm owner Stephen Mashney, suspicious that the claim settled so quickly for a lesser amount than expected, learned from the doctor that the settlement amount actually was $10,000. Turpin admitted the case settled for $10,000 and reimbursed the firm for half that amount.
Turpin left the firm and took several clients with him. Mashney complained to the bar after learning that some of his ex-clients said Turpin took settlement checks without paying them.
During a trial before the bar, Turpin testified that he told the doctor he was starting his own law firm and the doctor paid him $5,000 for future legal work. The doctor disputed those claims.
The bar court found that Turpin committed acts of moral turpitude by creating a false release agreement, misrepresenting the settlement amount to his boss and converting $5,000 to his own use.
Although the bar asked that Turpin be disbarred, the bar court recommended a lengthy suspension instead because he had no record of discipline and he entered into an extensive stipulation with the bar.
KENNETH BRUCE TISHGART [#96206], 57, of Corte Madera was suspended for two years, stayed, placed on two years of probation with a 90-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010.
The State Bar Court review department upheld a hearing judge’s findings that Tishgart committed misconduct in two personal injury cases. In one matter, Tishgart failed to adequately supervise a contract attorney that he had engaged for a jury trial, resulting in dismissal of the client’s action. In the other case, the hearing judge found that Tishgart did not perform with competence because he failed to timely serve the defendant, again resulting in dismissal of the client’s action. In both cases, Tishgart was sanctioned by the court.
Tishgart represented a woman who was injured by another driver. The case was scheduled to go to trial after she rejected a settlement offer. However, in the weeks immediately before trial, Tishgart asked a contract lawyer to handle the case and sent him an incomplete file days before trial was to begin. The lawyer was inexperienced, told the judge he wasn’t prepared to handle the case, and it was dismissed. Tishgart was sanctioned $2,297. In that matter, the review department found he failed to perform legal services competently.
Tishgart filed a complaint for another client who suffered injuries in an automobile accident, but he missed two order to show cause hearings, was sanctioned twice and farmed the case out to two contract attorneys. The case was dismissed but Tishgart made no effort to set aside the dismissal and had no further contact with his client. The review department found that he disobeyed a court order and failed to perform legal services competently.
JAMES SYME PARTRIDGE [#136207], 52, of Castro Valley was suspended for one year, stayed, and placed on one year of probation with a 30-day actual suspension and until he meets requirements for reinstatement imposed in another case. If the actual suspension exceeds 90 days, he must comply with rule 9.20 of the California Rules of Court and if it exceeds two years, he must prove his rehabilitation. The order took effect July 25, 2010.
Partridge did not comply with a rule 9.20 requirement imposed as part of a 2009 disciplinary order. His affidavit attesting that he notified his clients, opposing counsel and other pertinent parties of his suspension from practice was filed late.
In the underlying discipline, the result of a default proceeding, the State Bar Court found that Partridge violated the terms of a public reproval issued in 2006 after he stipulated that he improperly withdrew from representation. He did not contact his probation monitor, submit seven quarterly reports, attend ethics school or provide proof that he paid a $3,500 court sanction.
In mitigation, he cooperated with the bar’s investigation.
JIM PARSONS MAHACEK [#77268], 63, of Costa Mesa was suspended for one year, stayed, placed on two years of probation with a 30-day actual suspension and he was ordered to take the MPRE within one year. The order took effect July 25, 2010.
Mahacek stipulated to two counts of misconduct stemming from a dispute he had with a former employer, called Mr. C in the stipulation. In the course of representing Mr. C, Mahacek learned he had a criminal conviction in his youth, information that was to be kept confidential.
When Mahacek’s employment was terminated, he and Mr. C had a heated dispute about his compensation. Mahacek e-mailed an attorney who sued the law firm in an unrelated matter and suggested the lawyer ask Mr. C if he’d ever been convicted of a felony.
Mr. C’s law firm also sued Mahacek and as they neared a settlement, Mahacek demanded that Mr. C drop his complaint to the State Bar. He stipulated that he failed to maintain client secrets and sought an agreement to withdraw a disciplinary complaint.
In mitigation, Mahacek had no prior discipline record, he cooperated with the bar’s investigation and he has extensive community involvement.
FRANK MARTIN ENNIX III [#40459], 75, of Oakland was suspended for five years, stayed, placed on five years of probation with an actual 18-month suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect July 25, 2010.
The State Bar Court found that Ennix committed three acts of professional misconduct: He failed to perform legal services competently or communicate with clients and he improperly tried to settle a potential claim the client may have had against him.
In one matter, Ennix filed suit against Oakland and some of its police officers for police brutality; the case was moved from superior court to federal court. He failed to file and serve any pre-trial documents by three court-ordered deadlines, but also admitted that he never prepared any of the documents because he expected the matter to settle. He also missed a pre-trial conference and an order to show cause hearing.
Ennix presented his client with a written agreement stating that he would pay the client $5,000 in exchange for the client agreeing to have his case dismissed. Ennix did not inform the client in writing that he could seek independent legal advice and the client felt coerced by the circumstances. He knew Ennix had failed to appear at a hearing and was concerned about Ennix’ lack of preparation on the case.
In addition, the client had outstanding medical bills related to his claims against Oakland and the police and asked Ennix to pay the bills. Ennix said he would “take care of” his client’s doctors, physical therapy and mental assistance bills related to the personal injury claim.
In a second matter, Ennix stipulated that he failed to communicate with a slip-and-fall client. He did not file suit and did not respond to his client’s phone calls and letters.
Ennix was disciplined twice previously, in 1979 and 1991.
GAIL JUDITH HIGGINS [#164989], 59, of Beverly Hills was suspended for one year, stayed, placed on two years of probation with a 30-day actual suspension and she must take the MPRE within one year. The order took effect Aug. 15, 2010.
Higgins successfully completed the Alternative Discipline Program after demonstrating a connection between her mental health issues and her misconduct. She stipulated to misconduct in three matters.
She failed to file four quarterly probation reports, as required by a 2002 agreement in lieu of discipline reached after she did not promptly respond to her client’s reasonable status inquiries.
In a bankruptcy proceeding, Higgins stipulated that she failed to perform legal services with competence, and in another bankruptcy proceeding, she stipulated that she failed to perform legal services competently, promptly refund unearned fees and costs, respond to her client’s reasonable status inquiries or cooperate in a bar investigation.
In mitigation, Higgins had no prior discipline record, cooperated with the bar’s investigation and she had severe financial problems at the time of the misconduct.
JACK NEIL SWICKARD [#135429], 64, of Newport Beach was suspended for one year, stayed, placed on three years of probation with an actual 90-day suspension and he must take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 15, 2010.
Swickard stipulated to four counts of misconduct during his representation of a defendant in a drug case. He appeared on behalf of the client in four matters but was paid by the client’s father, who advanced fees totaling $77,500. Swickard did not obtain his client’s consent to have someone else pay his legal fees. The father was terminally ill and wanted to spend as much time as possible with his son.
The client’s mother later gave Swickard and his office manager another $15,000 for bail, legal fees and psychiatric examinations and reports. He deposited the checks in his office general account and paid the bail.
After the father died, the mother gave Swickard’s office manager another $60,000 for her son’s treatment at a rehabilitation center. Swickard paid $30,000 for the treatment. The mother asked for an accounting of the fees and a copy of the fee agreement four times; Swickard was unaware of her request and did not provide the information. When the mother finally received a copy of the agreement, she fired Swickard and asked for a refund of unearned fees and an accounting. He did not do so, but provided proof to the State Bar that he performed extensive work on the son’s cases and he took the position he had earned all the advance fee.
The mother sued Swickard, who agreed to refund $75,000. He repaid $12,000 before declaring bankruptcy.
He stipulated that he failed to deposit client funds in trust, account for client funds, refund unearned fees or obtain his client’s consent to have another party pay his legal fees.
In mitigation, Swickard had no prior discipline record, and his wife and mother died after suffering severe health problems.
QUENTIN BURNELL SIMS [#153454], 53, of Pasadena was suspended for three years, stayed, placed on three years of probation with a two-year actual suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 18, 2010.
Sims stipulated that he commingled funds in his client trust account and used the account to pay personal expenses. He wrote 17 checks against insufficient funds in the account, committing acts of moral turpitude.
He was disciplined three times previously but in mitigation cooperated with the bar’s investigation.
WILLIAM STORM BLEECKER [#79787], 59, of Santa Rosa was suspended for two years, stayed, placed on three years of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect Aug. 18, 2010.
Bleecker stipulated to two counts of misconduct while handling a divorce in which his client received a car. Bleecker took possession of the car but didn’t give it back until three years after the client demanded its return.
During the course of the divorce, he also loaned the client $7,800 to pay various personal expenses including her property taxes. He didn’t tell the client to get independent legal advice about the loan, nor did he transmit the terms of the loan in a fashion the client could understand. She never repaid the loan and Bleecker never asked for repayment.
Bleeker stipulated that he failed to return client property and he entered into an improper business transaction with a client.
Bleecker was disciplined in 1991 and in this matter, he cooperated with the bar’s investigation and demonstrated remorse.
BRENDAN PATRICK BRADY [#106771], 54, of Glendale was suspended for two years, stayed, placed on three years of probation and he was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010.
Brady successfully completed the Alternative Discipline Program after demonstrating a connection between his substance abuse and mental health issues and his misconduct. He stipulated that he failed to perform legal services competently, respond to client inquiries or cooperate with the bar’s investigation and he violated a court order.
Brady filed a personal injury complaint for a client, but did not respond to discovery requests or a motion to compel and he was sanctioned $972. He didn’t pay the sanction or report it to the bar. The case was dismissed and when he informed the client, admitting that he “dropped the ball,” she hired a new lawyer who set aside the dismissal. He did not give the client’s file to the new lawyer or pay the sanctions.
In the second matter, Brady was disciplined by the bankruptcy court for failing to appear, communicate with his clients or refund unearned fees and for disobeying a court order.
In mitigation, he had no prior record of discipline in 20 years of practice and cooperated with the bar’s investigation.
MARIO CASILLAS [#187727], 41, of San Gabriel was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010.
Casillas stipulated that he committed an act of moral turpitude by claiming he had settled a personal injury case when in fact he never filed a lawsuit. When the client said the hospital was seeking payment of his medical bills, Casillas executed a lien in favor of the hospital and against any recovery he might receive as a result of a claim. When a collection agency requested payment, Casillas falsely said he’d settled the claim for $3,100, with $1,300 going to the hospital.
When the client complained to the bar, Casillas acknowledged he never filed suit but claimed he tried to negotiate a lower bill, believing the hospital wouldn’t pursue collection if it knew how little money was available.
In mitigation, Casillas has no discipline record, cooperated with the bar’s investigation and was having personal problems at the time.
IRA COHEN [#79888], 61, of Westlake Village was suspended for three years, stayed, placed on three years of probation with a 60-day actual suspension and he was ordered to take the MPRE within a year. The order took effect Aug. 21, 2010.
Cohen successfully completed the Alternative Discipline System after demonstrating a connection between his mental health issues and his misconduct. He stipulated to 12 acts of misconduct in four matters.
While representing a client who had a dispute with her employer over long-term disability, Cohen did not file a lawsuit on his client’s behalf or notify the client the insurance carrier denied her claim, and he made misrepresentations about the status of the case and did not return her file. Cohen’s misconduct amounted to failures to perform legal services competently and acts of moral turpitude. He also didn’t cooperate with the bar’s investigation.
In a personal injury matter in which he did file suit, Cohen failed to appear for several scheduled court matters and was sanctioned. He stipulated that he abandoned a client, failed to notify the State Bar of sanctions imposed against him and committed acts of moral turpitude by disobeying court orders.
Cohen failed to file a claim against the Department of Fair Employment and Housing (DFEH) in a discrimination case, made misrepresentations to his client and did not provide the file to her new lawyer. He stipulated that he failed to perform legal services competently or return client files and he committed acts of moral turpitude by telling the client he had filed a claim and obtained a right-to-sue letter from DFEH, that her case was proceeding and that her deposition was scheduled. None of those statements were true.
In the final matter, Cohen represented a client in two matters, but failed to keep the client informed or appear at a default hearing in which the court entered a judgment against his client. He stipulated that he failed to perform legal services competently or keep his client informed of significant developments. His failure to prosecute one matter forced the client to spend $10,000 to set aside the default judgment entered against him.
In mitigation, Cohen had no prior discipline in more than 23 years of practice prior to the first disciplinary proceedings, and he later suffered the loss of several family members as well as a divorce.
STEVEN JOSEPH COOPER [#81689], 57, of Torrance was suspended for one year, stayed, placed on one year of probation with a 30-day actual suspension and he was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010.
Cooper stipulated to three acts of misconduct stemming from what began as a personal injury/battery case brought by his client against a former domestic partner. The client had a half interest in a piece of property that was purchased for $110,000 three years earlier. In a draft fee agreement not signed by either Cooper or the client, she agreed to give half of her interest in the property to Cooper as his legal fee. Cooper, who estimated his fees at between $5,000 and $30,000, said the property was “of questionable value,” but did not have it appraised. He included language intended as a conflict waiver that said the client agreed to waive all claims of liability and not hold Cooper responsible for any conflict of interest. Cooper did not advise the client to seek independent legal advice.
He filed a grant deed with the county transferring one-half of the client’s interest in the property to him. He never used the property.
Cooper did some work on the case but due to the client’s lack of cooperation he couldn’t complete his work or provide services equal to the value of the property. He did not reconvey his interest in the property to the client.
He stipulated that he failed to perform legal services competently or refund an unearned fee and he improperly limited his liability to the client by conditioning his representation on her waiver of a conflict of interest claim.
In mitigation, Cooper cooperated with the bar’s investigation and had no prior discipline record.
KEITH M. DAVIDSON [#212216], 39, of Beverly Hills was suspended for two years, stayed, placed on three years of probation with a 90-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 21, 2010.
Davidson stipulated to four counts of misconduct in three matters. He admitted he failed to pursue a medical malpractice case by not appearing at a case management conference and a later hearing, and he took three months to file a motion to set aside a dismissal.
While analyzing a possible medical malpractice case, Davidson failed to inform his potential client about significant developments. He did not make clear that he was only considering the case, that the individual’s medical records were being evaluated by a nurse rather than a doctor, and although he told the man he would not accept his case, the individual continued to call Davidson without getting a response.
The man paid Davidson $750 to evaluate his medical records, but Davidson deposited the money in his general account rather than a client trust account. However, Davidson refunded the money.
In the third matter, he wrote a check against insufficient funds in his client trust account.
In mitigation, Davidson had no prior discipline record, cooperated with the bar’s investigation and he presented evidence of his good character.
FABRICE JOHN DESBROSSES [#175640], 45, of San Diego was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010.
Desbrosses pleaded guilty in 2009 to driving under the influence, driving with a blood alcohol content in excess of .08 percent and driving on a suspended license. The convictions stemmed from two arrests in 2008 related to drunken driving. He also was convicted of misdemeanor DUI in 2007.
In mitigation, Desbrosses had no prior discipline record.
ROBERT FRANCIS GRAHAM [#76589], 60, of Chula Vista was suspended for one year, stayed, and actually suspended for 60 days and until the State Bar Court grants a motion to terminate the suspension. If the actual suspension exceeds 90 days, he must comply with rule 9.20 of the California Rules of Court; if it exceeds two years, he must prove his rehabilitation. The order took effect Aug. 21, 2010.
In a default proceeding, the State Bar Court found that Graham did not comply with probation conditions attached to a 2008 disciplinary order. He did not file one quarterly report or schedule a meeting with the Office of Probation or respond to its inquiries.
In the underlying matter, Graham failed to perform legal services competently, communicate with a client, account for client funds, return client papers or cooperate with the bar’s investigation.
NWABUEZE CHUKWUEDOZ I. EZEIFE [#165472], 48, of Oakland was suspended for one year, stayed, placed on two years of probation with a nine-month actual suspension and was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Sept. 3, 2010.
Ezeife stipulated to eight counts of misconduct in four matters.
He was suspended for part of the time while representing a company in a debt collection matter and substituted out and then back in to the matter. He did not respond to motions, missed a hearing and didn’t file a motion to set aside a default judgment of $32,762 against his client. He also did not pay a $600 sanction by the deadline. He stipulated that he disobeyed a court order and failed to perform legal services competently.
Ezeife did not prosecute another matter he filed for the same client and admitted that he failed to perform legal services again. He also disobeyed court orders by not filing various declarations, not appearing for hearings and not paying a $250 sanction within 30 days.
Ezeife entered into a settlement agreement with a client who filed a complaint with the bar, but as part of the settlement, the client had to dismiss his complaint within 10 days. That condition violates the Business & Professions Code.
In the fourth matter, Ezeife was disciplined by the Ninth Circuit, which placed him on 12 months of probation and imposed sanctions of $3,240 for deficiencies in two matters, including filing a “deficient and inadequate motion” and for failing to file a response to a motion to dismiss a case. He also filed a brief that did not discuss relevant law and raised an issue without legal merit, and he cited unpublished deposition in opening briefs in three other cases. He stipulated that he failed to perform legal services competently and presented a claim in litigation that wasn’t warranted.
In mitigation, he cooperated with the bar’s investigation. He was disciplined in 2004 and currently faces State Bar charges of misusing his client trust account and misappropriating client funds.
VINCENT MICHAEL CASIANO [#208565], 52, of San Diego was suspended for three months, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Dec. 22, 2010.
Casiano stipulated that he failed to account for client fees in three matters and in one matter he didn’t notify the client he had received funds on her behalf.
In one matter, he was hired to file an elder abuse lawsuit against a health care provider but never did so. He agreed to refund a $5,000 advance fee during a fee arbitration hearing.
Another client paid him $20,000 in advance fees for a probate matter that settled. Casiano received more than $31,000, representing a percentage of the proceeds from the sale of a home. He didn’t notify the client, distribute the proceeds or account for the money. He eventually gave the client a check for $25,000 and billed her for $815 that he said was beyond money he received as an advanced fee and as part of the settlement.
Another client paid a $5,000 advance fee for Casiano to represent her as co-trustee of her grandmother’s estate. Nearly a year later, the client fired Casiano and demanded an accounting of her fee and a refund of any unearned portion. He did not respond for a year, when he billed the client for an additional $1,235.
In mitigation, Casiano has no prior discipline record.
GREGORY CHANDLER [#158260], 53, of Travis Air Force Base, was suspended for three years, stayed, actually suspended for 27 months and until the State Bar Court grants a motion to terminate the suspension and he proves his rehabilitation. The order took effect Dec. 22, 2010, but the actual suspension was retroactive to March 26, 2010, when he was suspended in another case.
In a default proceeding, Judge Lucy Armendariz found that Chandler committed four acts of misconduct. He was suspended twice in 2008: in February for not paying a fee arbitration award to a former client and in July for not paying bar dues. He practiced law while suspended and committed an act of moral turpitude by “deliberately concealing” his status from his client. Armendariz also found that he didn’t update his address with the bar or cooperate with its investigation.
KENT PIERCE TIERNEY [#186685], 42, of Pleasanton was suspended for four years, stayed, placed on four years of probation with a two-year actual suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. He was given credit for the interim suspension that began Nov. 6, 2009. The order took effect Dec. 24, 2010.
Tierney has been convicted three times for driving under the influence, a crime that does not involve moral turpitude. In the third incident, in 2008, Tierney drove 120 MPH, and drove on the center divide and the right shoulder to evade a police officer. He eventually parked and locked the car in a residential neighborhood, where the police found and arrested him. Officers found an assault rifle and magazine in the trunk. He pleaded guilty to felony evasion and DUI. His blood alcohol content was .15.
In mitigation, Tierney had substantial family and emotional problems and he is being treated for alcoholism.
LAURA ANN RAYCRAFT [#158360], 53, of Cameron Park was suspended for two years, stayed and placed on three years of probation with an actual one-year suspension with credit for a previous one-year suspension. The order took effect Dec. 24, 2010.
In mitigation, Raycraft demonstrated remorse, cooperated with the bar’s investigation, had no prior record of discipline and had extreme emotional difficulties.
RICHARD ANTHONY LIMA [#184783], 48, of Madera was suspended for five years, stayed, placed on five years of probation with a three-year actual suspension and until he makes restitution to 11 clients, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Dec. 24, 2010.
Lima stipulated to numerous acts of misconduct in 14 matters. Half the cases were bankruptcy matters. The misconduct included 10 moral turpitude counts for misappropriation, making misrepresentations and writing bad checks. He stipulated to 10 counts each of failing to perform legal services competently or refund unearned fees, and other misconduct included failures to respond to clients or notify them of significant developments, account for client funds or deposit client funds in a trust account.
One client had to drive 320 miles round-trip between her home and the courthouse at least seven times in her matter, taking time off work.
The required restitution totals $54,476 plus interest.
In mitigation, Lima had no prior discipline record, repaid $16,000 to one client, and for most of two years was the target of a joint federal and local investigation of child pornography. He was never charged and a relative was convicted, but he suffered tremendous stress during the investigation. In addition, his law office was burned in a suspicious fire and he lost all his documents and files. An unstable client of another attorney confessed to arson and committed suicide when law enforcement tried to arrest him.
ADAM RANALD FAIRBAIRN [#168204], 45, of Paso Robles was suspended for two years, stayed, placed on two years of probation with a nine-month actual suspension and he was ordered to take the MPRE within one year. The order took effect Dec. 24, 2010.
Fairbairn stipulated to misconduct in two matters. In the first, he was convicted of three felonies after he fired a rifle into the air when two people attempted to repossess his car. He was convicted of two counts of assault with a firearm with enhancements for personal use of a firearm, one count of discharge of a firearm with gross negligence and one count of misdemeanor brandishing a firearm.
In a second case, he filed suit in a real estate matter, but the case was dismissed when he failed to appear for a hearing. He did not refile the case or notify the client of the dismissal and stipulated that he failed to perform legal services competently or keep a client informed of developments in his case.
In mitigation, he had no prior discipline record, cooperated with the bar’s investigation and presented evidence of his good character.
MICHAEL LAWRENCE DeFRANK [#187888], 40, of Cathedral City was suspended for one year, stayed, and placed on two years of probation. The order took effect Dec. 24, 2010.
DeFrank did not comply with five conditions attached to a 2008 public reproval, including submitting a quarterly report on time or proof of attendance at AA meetings. The discipline was imposed following DeFrank’s conviction for driving under the influence. In mitigation, he cooperated with the bar’s investigation and provided evidence of his good character.
PAUL NELSON DANE II [#99591], 58, of Martinez was suspended for two years, stayed, placed on three years of probation and was ordered to take the MPRE within one year. The order took effect Dec. 24, 2010.
Dane successfully completed the Alternative Discipline Program after establishing a connection between his misconduct and his mental health and substance abuse issues.
Dane stipulated to 14 counts of misconduct in eight cases, including failures to perform legal services competently, communicate with clients, refund unearned fees, account for client funds and return files.
He was disciplined in 1998, but cooperated with the bar’s investigation and participated in the Lawyer Assistance Program.