Disbarments
  1. STEPHEN ALLAN RODRIGUEZ
  2. HOCK LOON YONG
  3. RIGOBERTO V. OBREGON
  4. RICHARD WONG
  5. GARY ABRAMS

 

STEPHEN ALLAN RODRIGUEZ [158840], 62, of Pasadena was disbarred Nov. 26, 2009, and was ordered to comply with rule 9.20 of the California Rules of Court.

The State Bar Court found that Rodriguez committed 20 acts of professional misconduct in 16 matters.

For about a year and a half, Rodriguez’ office manager, Evelyn Oberhuber, was engaged in what State Bar Court Judge Richard Platel called “a course of criminal conduct involving grand theft, forgery and recording false instruments.” In October 2006, Oberhuber was charged with 102 felony counts, pleaded guilty to 49 and was sentenced to 10 years in state prison. One of Rodriguez’s clients was a victim of Oberhuber’s criminal conduct.

As a signatory on Rodriguez’s two client trust accounts, Oberhuber wrote checks against insufficient funds totaling more than $600,000. Rodriguez took responsibility for checks worth about $60,000 written against the first trust account. However, he said he was unaware that Oberhuber opened a second trust account and said the bank had been negligent. The court, however, said Rodriguez had endorsed several checks written against that account and he was responsible for supervising his staff. Platel found that he committed acts of moral turpitude by acting with gross negligence in the supervision of client trust accounts.

In a divorce proceeding, Rodriguez filed the petition but did no further work. When a bankruptcy issue arose for the same client, Rodriguez referred the client to Oberhuber and then filed two bankruptcy petitions that were both dismissed. The client intended to acquire title to property located in Yorba Linda so her sister obtained a loan and planned to give the proceeds to the client to acquire the property. The bank informed Oberhuber that the mortgage payoff amount on the Yorba Linda property was $92,725.56. At Oberhuber’s direction, the sister wired $100,000 to Rodriguez’ client trust account.

Oberhuber later told the sister the mortgage on the Yorba Linda property had been paid in full when, in fact, she only paid the mortgage arrearages. Using money from the trust account, she made regular monthly mortgage payments on the mortgage for a total of $13,056.73. She gave the client checks for $4,000 and $10,000 that bounced and later made several payments to the client, from the client trust account, totaling $30,718.34. Oberhuber eventually wrote a check for more than $90,000 to the escrow company but it bounced.

Other clients also gave Oberhuber money “for their protection” or their credit card numbers. One client gave her $8,000 when she told him she’d negotiated a settlement for that amount.

In a criminal case, a woman paid Rodriguez $40,000 to represent her sister and brother-in-law. When another sister was advised she could post $100,000 bail to get the sister out of jail, Oberhuber advised her to transfer the funds by wire to the client trust account. Two people provided $50,000 and the sister sold her house to help raise the money. Rodriguez called the woman several times asking for the $100,000 and more to handle the case. He said he would file the bond motion. However, bail was denied, Rodriguez never obtained his clients’ release and the money was not used for the bond. When the sister asked that the money be returned, Oberhuber wrote two checks for $100,000 against insufficient funds.

Platel found that Rodriguez failed to maintain client funds in trust, refund unearned fees, supervise his client trust accounts, perform legal services competently or inform clients of significant developments in their cases, and he committed acts of moral turpitude by misappropriating more than $193,000 in client funds.

Rodriguez was suspended and placed on probation in 2005 and 2008. Platel rejected many of his claims during trial, finding his testimony was not candid. Due to his “gross negligence in the supervision of his office staff and trust accounts,” Platel wrote, “numerous clients were harmed.” He pointed out that Rodriguez did not avail himself of the opportunity to better handle client funds and “he continues to blame others for his misconduct. This increases the chances that he will continue to offend.”


HOCK LOON YONG [#225497], 39, of San Gabriel was disbarred Nov. 26, 2009, and was ordered to comply with rule 9.20.

Yong was enrolled in the Alternative Discipline Program for lawyers with mental health or chemical addiction problems, but he was terminated and disciplined for misconduct in 10 matters. He stipulated that he committed acts of moral turpitude by writing checks against insufficient funds in his client trust account and misappropriating client funds, he commingled personal and client funds in the account, and he failed to perform legal services competently, keep a client informed of developments in his case, respond to client inquiries, properly maintain his client trust account, keep his address current with the State Bar or cooperate with the bar’s investigation.

In several personal injury matters, Yong deposited settlement funds in his client trust account but allowed the balance to fall below the required amount. In one matter, he failed to appear at a scheduled case management conference and was sanctioned $500. The case was dismissed when he didn’t appear for trial.

A client who spoke no English retained Yong to fight a removal order and although he agreed to file a petition for review, Yong did not tell the client he would not be the attorney of record and that the client would have to represent himself. The matter was dismissed for failure to file an opening brief. The client received the court’s order but because he didn’t understand it, he called Yong, whose phone was disconnected. He had moved without notifying the client. When the client eventually located Yong, he refunded his advance fee.

Yong also used his client trust account to pay his taxes, the DMV, his mortgage, his legal assistant and for advertising.

Yong was admitted to the ADP when he demonstrated a connection between his mental problems and his misconduct. In mitigation, he had extreme difficulties in his personal life at the time of the misconduct.


RIGOBERTO V. OBREGON [#130589], 49, of Menifee Lakes was disbarred Nov. 26, 2009, and was ordered to comply with rule 9.20.

In a default proceeding, the State Bar Court found that Obregon failed to comply with conditions attached to a 2006 disciplinary order: he did not submit six quarterly probation reports, attend ethics school or contact his probation officer within 30 days of the disciplinary order. In addition, he used his client trust account to pay 31 personal or business expenses.

The underlying discipline was imposed for Obregon’s failure to cooperate with a bar investigation. He also was disciplined in 1996 for misconduct in five matters involving four clients. He failed to perform legal services competently, timely refund unearned fees, communicate, account for client funds or maintain sufficient client trust account records, and he commingled personal funds in his client trust account.

State Bar Court Judge Richard Platel acknowledged that Obregon’s prior disciplines were “low level,” but said he was unwilling to comply with probation requirements or to “learn from his previous disciplines. . . The evidence before the court indicates that (Obregon) has turned a blind eye to his professional and ethical obligations.”


RICHARD WONG [#192970], 39, of Alhambra was disbarred Dec. 3, 2009, and was ordered to comply with rule 9.20.

In a default proceeding, the State Bar Court found that Wong failed to comply with rule 9.20 by not submitting to the court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension from practice in 2007. Failure to comply with the rule is grounds for disbarment.

The underlying discipline also was imposed for a failure to comply with probation conditions or to cooperate with a bar investigation. Wong was first disciplined in 2005 for failing to maintain client funds in a trust account, promptly pay out settlement funds or communicate with a client, and he misappropriated client funds.


GARY ABRAMS [#160545], 48, of La Habra Heights was disbarred Dec. 3, 2009, and was ordered to comply with rule 9.20.

In a default proceeding, the State Bar Court found that Abrams committed seven acts of misconduct: he misappropriated $78,843.88, improperly withdrew from employment, commingled funds in his client trust account and he failed to maintain client funds, update his address with the bar or communicate with a client.

Abrams settled a personal injury matter for $400,000 and deposited the funds in his trust account but allowed the balance to fall to a negative amount. He transferred personal funds into the account three times. Over a two-month period, he issued 11 checks against the account, payable to himself, for $106,843, and he used the account to pay numerous personal expenses.

In another personal injury case, Abrams did not file a lawsuit prior to expiration of the statute of limitations, nor did he settle the case. Although the client called Abrams three to four times a month, he was unable to reach him and Abrams’ office and mobile phones were later disconnected.

In recommending Abrams’ disbarment, Judge Richard Platel expressed concern “about the possibility of similar misconduct recurring. (Abrams) has offered no indication that this will not happen again. Instead of cooperating with the State Bar or rectifying his misconduct, (Abrams) defaulted in this disciplinary proceeding.”

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