1. HEATHER DIANE TRAPNELL
2. ERNESTO J. PEREZ
3. REED LEONARD McLURKIN
4. LEWIS NATHANIEL NELSON
5. CHERYL PARKINSON MARTINSEN
6. HERBERT PAPENFUSS
7. STEPHEN KEUNG LEW
8. JOSEPH GERARD CAVALLO
9. RICHARD SAMUEL COLLINS
10. ERIC THEODORE SMITH
11. WILLIAM CHIPMAN MILES
12. RAYMOND R. PRAZEN
13. PHILIP OLU FALESE
14. PAMELA GAYLE LACHER
15. ALAN VICTOR THALER
16. RUSSELL ALAN ROBINSON
17. ROBERT S. PELCYGER
18. NORMAN CHARLES NEWHOUSE
19. DANIEL ROBERT BARTLEY
20. STEPHEN CORBIN BECKER
21. JON MICHAEL SMITH
22. MATTHEW B. WEBER
23. LOUIS J. PERKINS
24. WARREN NEIL NEMIROFF
25. TAMELA J. MURPHY

HEATHER DIANE TRAPNELL [#220374], 36, of El Centro was suspended for one year, stayed, placed on one year of probation with a 30-day actual suspension and was ordered to take the MPRE within one year. The order took effect Nov. 13, 2009.

Trapnell was suspended in 2005 for not completing her MCLE requirements, and although she received notices from the State Bar, she did not check her mailbox. As a deputy district attorney for Imperial County, she made numerous court appearances while suspended.

In mitigation, as soon as she became aware of her status, she took corrective action and she advised her superiors of the situation. She cooperated with the bar’s investigation and she submitted character references establishing her good character.

ERNESTO J. PEREZ [#77729], 61, of West Sacramento was suspended for two years, stayed, placed on two years of probation with a 150-day actual suspension and he must prove his rehabilitation and comply with rule 9.20. The order took effect Nov. 13, 2009.

Perez did not comply with a 2008 disciplinary order that required him to meet the requirements of rule 9.20. He did not submit to the State Bar Court an affidavit stating that he notified his clients, opposing counsel and other pertinent parties of his suspension.

In the underlying discipline, he stipulated that he misused his client trust account, commingling funds and using it to pay personal expenses.

In mitigation, he cooperated with the bar’s investigation and no clients were harmed.

REED LEONARD McLURKIN [#165323], 58, of Los Angeles was suspended for two years, stayed, placed on five years of probation and was ordered to take the MPRE within one year. The order took effect Nov. 13, 2009.

McLurkin stipulated to misconduct in 2003 and was admitted to the Alternative Discipline Program after demonstrating a connection between his mental health issues and his misconduct. He successfully completed the program last year.

He admitted he committed misconduct in four client matters and did not comply with probation conditions attached to a 2001 private reproval. He had failed to perform legal services competently, communicate with clients, refund unearned fees, return a client file, take steps to avoid prejudice to his client or cooperate with the bar’s investigation.

LEWIS NATHANIEL NELSON [#87954], 65, of Oakland was suspended for two years, stayed, placed on two years of probation with a 90-day actual suspension and he was ordered to comply with rule 9.20. The order took effect Nov. 14, 2009.

Nelson stipulated to seven counts of misconduct in a contingency matter in which he agreed to handle claims against Farmers Insurance, his client’s homeowner’s insurance carrier. She had received a check for almost $200,000, but disputed the amount of the payment. Nelson prepared a complaint that the client filed pro per; she gave him the check for $199,194.25 that she received from Farmers.

Nelson did not respond to discovery demands or to motions to compel responses and he was sanctioned. When he did not respond to further demands by Farmers and ignored a meet and confer effort, Farmers filed a motion to dismiss. Nelson opposed the motion on the grounds that he had been sick for six weeks. Farmers responded that its lawyers had not been able to reach Nelson for five months.

Nonetheless, Nelson was sanctioned further and ordered to respond to discovery. He did not do so and was sanctioned a third time. The client was deposed, Nelson urged her to accept a settlement offer and she refused. He didn’t return several phone calls and withdrew without notifying the court or his client. The case eventually was dismissed and Nelson returned a portion of the client’s file.

He stipulated that he failed to perform legal services competently, pay court-ordered sanctions, return his client’s file or keep a client informed of developments in her case or respond to her status inquiries, and he improperly withdrew from representation without the court’s permission.

Nelson was privately reproved in 2007. In mitigation, he cooperated with the bar’s investigation.

CHERYL PARKINSON MARTINSEN [#104678], 53, of Santa Rosa was suspended for two years, stayed, with an actual 90-day suspension and until she makes restitution and the State Bar Court orders an end to the suspension, and she was ordered to take the MPRE and comply with rule 9.20. If the actual suspension exceeds two years, she must prove her rehabilitation. The order took effect Nov. 14, 2009.

In a default proceeding, the bar court found that Martinsen committed nine acts of misconduct in a single client matter: she failed to perform legal services competently; promptly respond to client inquires; keep a client informed of significant developments in a case; refund unearned fees; cooperate with the bar’s investigation or maintain a current address with the bar and she improperly withdrew from a case.

Martinsen substituted in to a case after a previous lawyer died, telling the clients she was familiar with the case, had all the files and was prepared to continue the representation. Her clients were sanctioned after not responding to a motion to compel responses and were ordered to respond to discovery. Martinsen did not do so and the clients were again sanctioned. Meanwhile, the clients were unable to reach Martinsen, neither she nor they appeared at hearings; they were unaware of the sanctions against them and did not know about various motions including a summary judgment motion.

Martinsen also substituted into a real estate matter for the same clients. However, she never filed a lawsuit and the clients, who believed they were owed more than $244,000 by the opposing party, were unable to reach her.

In mitigation, Martinsen practiced for more than 23 years without a discipline record.

HERBERT PAPENFUSS [#51299], 64, of Carlsbad 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 and comply with rule 9.20. The order took effect Nov. 14, 2009.

Papenfuss settled a claim against a bank for more than $82,000; the client was entitled to almost $52,000. Papenfuss deposited the settlement check for $82,621.23 into his Morgan Stanley account, co-owned with his wife, and gave his client a check for the appropriate amount. However, the client did not immediately cash the check. The account was frozen during Papenfuss’ divorce proceedings and the funds were later divided into two new accounts owned individually by Papenfuss and his wife.

The wife paid the client more than half and Papenfuss paid the remainder, but did not pay any interest or income generated by his funds while they were held by Morgan Stanley.

Papenfuss told the court that the client was a friend who was having financial problems and asked him to hold the funds for an extended period of time. The court said it was unclear if the client asked that the funds be invested in the Morgan Stanley account. In any case, the court found that the money should have been placed in a client trust account.

The court found that Papenfuss deposited client funds into a non-client trust account and commingled funds, and he committed acts of moral turpitude.

He was given a private reproval in 1991 but argued it should not be considered aggravation because the discipline was remote in time. The court, however, found that the misconduct was similar to the current misconduct, and both involved moral turpitude.

In mitigation, Papenfuss cooperated with the bar’s investigation, he has done extensive pro bono work and he submitted letters attesting to his good character.

STEPHEN KEUNG LEW [#69124], 68, of Sunnyvale was suspended for two years, stayed, placed on three years of probation with an actual 90-day suspension and until he makes restitution and he was ordered to take the MPRE and comply with rule 9.20. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Nov. 14, 2009.

Lew had appealed a State Bar Court hearing judge’s findings of misconduct to the court’s review department, which found that he failed to communicate and committed an act of moral turpitude by failing to promptly pay client funds. The case, wrote Judge Catherine Purcell, “reflects the unfortunate consequences of failing to communicate with clients about substantial legal fees accumulated during the course of litigation.” Lew was charged with misconduct stemming from two lawsuits involving the same clients.

The first lawsuit settled, and the second involved the sale of his clients’ home. They had placed $5,000 in an escrow account with First American Title (FAT) pending completion of repairs to their home. The buyers’ real estate agent unilaterally instructed FAT to withhold $10,000 and Lew’s clients agreed in writing, although they said they felt pressured to do so. The clients sought a return of the $10,000 through Lew, who already was their lawyer. His demand to both the escrow company and the buyers was rejected, so without his clients’ consent, he sued FAT, alleging conversion, negligence and breach of escrow contract and asking for $10,000 plus interest, special damages, attorney’s fees and costs.

After eight months the suit settled for $10,000 and all parties agreed to pay their own attorney’s fees and costs. Lew had sent no bills to the clients because he said he was aware they were under stress. The husband was unemployed and the couple needed the money for repairs to their new home.

Lew received the $10,000 escrow monies from FAT and deposited the money in his client trust account, but did not release any funds to the clients. Instead, he billed them $33,015.47 ($17,192.67 for the first suit and $15,822.80 for FAT). He told the clients he was applying the $10,000 to the bill. The clients hired a new lawyer but never received the settlement money.

The review panel found that Lew committed an act of moral turpitude when he “disregarded his fiduciary obligations” by failing to promptly release the money to his clients. He also did not communicate with them.

In mitigation, Lew practiced for 27 years without any discipline, he presented witnesses to establish his good character and he did pro bono work.

JOSEPH GERARD CAVALLO [#108210], 54, of Irvine was suspended for five years, stayed, placed on five years of probation with an actual three-year suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20. Credit is given for the period of interim suspension that began Dec. 17, 2007. The order took effect Nov. 19, 2009.

Cavallo was convicted of three felonies in 2007, including capping and accepting clients through a recommendation by a licensed bail bondsman. A random check by the district attorney revealed that Cavallo was hired by a higher number of arrested individuals than would have been expected by chance. Cavallo’s business cards were displayed in the bail bondsmen’s offices, he paid a fee for referrals and he offered discounts to clients referred by the bondsmen. He admitted he paid between $300-$500 each for 10-20 referrals.

Cavallo pleaded guilty and was sentenced to six months of house arrest and three years of probation, and he was fined $18,336.63. The bar court determined that the crimes involved moral turpitude.

In mitigation, he cooperated with the bar’s investigation and he presented witnesses who testified to his good character.

RICHARD SAMUEL COLLINS [#162552], 56, of Riverside was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and until he makes restitution to five clients and proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20. The order took effect Nov. 19, 2009.

Collins stipulated to misconduct in five matters, all involving either a failure to refund fees or misuse of his client trust account. He did not account for some client funds, deposited some client money in his general account, allowed the balance in his trust account to drop below the required amount and misappropriated funds from two clients. Collins told one client who asked for a refund that he couldn’t return any money because he was broke.

In mitigation, he cooperated with the bar’s investigation, has no prior discipline record and suffered from severe depression and financial difficulties. Collins is enrolled in the Lawyer Assistance Program.

ERIC THEODORE SMITH [#133287], 57, of Irvine was suspended for one year, stayed, placed on two years of probation with an actual 30-day suspension and was ordered to take the MPRE within one year. The order took effect Nov. 19, 2009.

Smith practiced law while suspended for failing to pay his bar dues. Although he believes he paid his 2007 fees, he has no evidence of payment. He did not receive any bar mailings because he did not keep his address current. He made three court appearances and filed two pleadings while suspended.

Smith stipulated that he practiced law while not authorized to do so and he did not keep his address up-to-date with the State Bar.

In mitigation, he has no prior discipline record and he cooperated with the bar’s investigation.

WILLIAM CHIPMAN MILES [#40970], 67, of Walnut Creek was suspended for four years, stayed, placed on five 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. The order took effect Nov. 19, 2009.

The State Bar Court found that Miles committed 15 acts of misconduct in a matter in which he represented 44 landowners. He originally represented Karen Walker, who with her then-husband had purchased a lot in Fairfield called Rancho Solano. Walker and other lot owners had significant drainage and landslide issues because of an underground natural spring.

Miles advised Walker to form a group to file and share the costs of a lawsuit but he never informed them the group would have multiple potential conflicts of interest. Walker hired Miles’ law firm and signed a fee agreement.

Miles filed suit in 1993 but his effort to plead a class action was denied. However, he was permitted to add more plaintiffs. The owners of 43 additional lots signed a fee agreement different from Walker’s and she did not sign it.

Walker subsequently sold her lot at a significant loss because of drainage and landslide problems. Her damage claims were substantially higher than those of the neighbors and Miles knew her interests potentially conflicted with the other lot owners. Miles never informed Walker he had entered into a fee sharing agreement with another law firm, entitling it to one-third of all fees.

Settlements were reached with some defendants, but Walker disputed parts of one settlement and refused to sign one proposal. Walker continued to stress that she was not bound by the group fee agreement and demanded to receive $160,000 of the $1.43 million settlement proceeds. Instead, the 44 lot owners received an equal distribution of about $15,000. Walker sued Miles and won a jury verdict that was upheld by the court of appeal.

The bar court found that Miles represented clients with conflicting interests, improperly split fees, agreed to an aggregate settlement without obtaining Walker’s consent, withdrew from employment without protecting her interests, did not maintain disputed funds in trust or account for client funds, failed to perform legal services competently, and he misappropriated funds, committed acts of moral turpitude and attempted to have a client withdraw a complaint to the State Bar.

In mitigation, Miles practiced for 27 years with no discipline, demonstrated good character and has done pro bono work.

However, Judge Lucy Armendariz said he engaged in uncharged misconduct, including “numerous misrepresentations to the State Bar and the superior court of Solano County,” and he received loans from clients to cover the mounting litigation costs, which involved uncharged conflict of interest violations. In addition, Walker had “to endure years of litigation and extreme emotional turmoil."

RAYMOND R. PRAZEN [#69295], 61, of San Diego 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 a year and comply with rule 9.20. The order took effect Nov. 19, 2009.

Prazen stipulated to 11 counts of misconduct in three matters. In two cases, he was hired by a landlord to evict a tenant who was in arrears on rent. Prazen falsely told the landlords he had filed unlawful detainer actions.

One landlord later told Prazen to stop the unlawful detainer case because the tenant had moved. Because he didn’t pick up his messages for a week, Prazen then filed the unlawful detainer action. He couldn’t serve the tenant and allowed the court to dismiss the case. When Prazen did not respond to the client’s demand for a refund of unearned fees, she obtained a default judgment in small claims court for $610. He did not pay the judgment for almost three years.

The second landlord fired Prazen and sought a refund of her fee, which he didn’t return for almost three years.

In the third matter, he did not cooperate with a State Bar investigation of a complaint that he had abandoned an appeal of an immigration matter and had failed to respond to his client’s status inquiries.

Prazen was privately reproved in 1994.

PHILIP OLU FALESE [#222428], 54, of Los Angeles was suspended for one year, stayed, placed on two years of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect Nov. 26, 2009.

Falese stipulated to four counts of misconduct in two matters.

In the first, a client hired him to file a wrongful termination lawsuit and paid $2,000 in advance costs. Falese did not deposit the money in a client trust account. He settled the suit for $3,500 but never accounted for the advance costs or refunded the unused advance costs.

In the second matter, he demanded a deposit of $2,500 from a potential client who spoke with him about pursuing a possible medical malpractice action. However, when the client could only come up with $1,000, Falese agreed to accept it and file the case. The client signed several documents and was told she would receive copies. She never did and six months later fired Falese and asked for a refund. Falese never returned the money and did no work on the case.

He stipulated that he failed to deposit client funds in a trust account, account for client funds or refund unearned fees or costs.

In mitigation, Falese cooperated with the bar’s investigation, expressed remorse and as a new lawyer and sole practitioner, had limited experience with client funds.

PAMELA GAYLE LACHER [#174895], 44, of San Diego was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE. The order took effect Nov. 26, 2009.

Lacher stipulated to two counts of misconduct: she was sanctioned twice in the same case, once by the Court of Appeal and once by the Superior Court. She did not report the imposition of sanctions to the State Bar, as required.

In the first matter, she was sanctioned $7,166 for filing a frivolous appeal. The second sanction — for $1,792.50 — was imposed for filing a defective motion for sanctions against the opposing party.

In mitigation, Lacher practiced for 14 years without a discipline record.

The probation of ALAN VICTOR THALER [#101438], 54, of Fountain Valley was revoked, and he was suspended for two years, stayed, and placed on three years of probation with an actual 75-day suspension. The order took effect Nov. 26, 2009.

Thaler’s compliance with probationary requirements was late: nine of 10 quarterly reports, proof of attendance at ethics school and trust accounting school, and nine of 10 reports from a certified public accountant.

The underlying discipline was imposed in 2006 for depositing personal funds in his client trust account for payment of his office and business expenses. In mitigation, his parents died within three months of one another and he had serious health problems.

RUSSELL ALAN ROBINSON [#163937], 48, of San Francisco was placed on three years of probation with a 30-day actual suspension and was ordered to take the MPRE within a year. The order took effect Nov. 26, 2009.

Robinson successfully completed the Alternative Discipline Program for attorneys with mental health or substance abuse issues after he stipulated in 2008 to one count of misappropriating $13,573 from a client’s settlement, an act of moral turpitude.

He settled a personal injury contingency fee case for $27,000 and was entitled to a $10,000 fee and $918 in costs. After making two disbursements, he should have maintained $13,573 in his trust account, but he allowed the balance to drop to $90.57.

In mitigation, he cooperated with the bar’s investigation, had no prior discipline record, made restitution to the client, and had serious marital and financial problems at the time. He also demonstrated proof of community service.

ROBERT S. PELCYGER [#43614], 68, of Boulder, Colo., was suspended for three years, stayed, placed on five years of probation with a one-year actual suspension and he was ordered to take the MPRE and comply with rule 9.20. The order took effect Nov. 26, 2009.

Pelcyger appealed a State Bar Court hearing judge’s findings that he engaged in the unauthorized practice of law for nearly 18 years, committed acts of moral turpitude and collected an illegal fee.

Admitted to the California bar in 1969, Pelcyger has spent his entire legal career representing Native American claims. From 1987-2005, he began practicing extensively in the Nevada state and federal courts, but he was never admitted to practice in either bar. In addition, in 1993, he was suspended in California for failing to comply with MCLE requirements. He remained suspended until 2005, but practiced in California throughout that time, including collecting a portion of the $1.7 million in fees his firm received from the Paiute Tribe.

The bar court found, and the review department agreed, that Pelcyger failed to obey the law, practiced without authorization in another jurisdiction, committed acts of moral turpitude by repeatedly misrepresenting the status of his California license, and he charged and collected substantial illegal fees.

In mitigation, he had no prior record of discipline, had experienced excessive stress in his personal life, cooperated with the bar’s investigation, established good character and demonstrated remorse.

“Despite Pelcyger’s excellent reputation and catastrophic personal events, he failed to fulfill a crucial duty of honesty toward his clients and the courts for 18 years,” wrote Judge Catherine Purcell. “This lengthy period of UPL is simply inexcusable.”

NORMAN CHARLES NEWHOUSE [#104746], 67, of Redwood City was suspended for two years, stayed, placed on two years of probation and until he makes restitution and he was ordered to take the MPRE and comply with rule 9.20. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Nov. 26, 2009.

Newhouse stipulated to four counts of misconduct in a matter in which he was hired to collect a $250,000 judgment for a client. After filing a motion to place a lien on the other party’s home in order to enforce the judgment, he learned the judgment had been discharged in bankruptcy.

The client was unaware of the bankruptcy and also assigned the debt to a collection agency. Newhouse determined that the client had not been properly served with notice of the bankruptcy, and he refused to withdraw the lien as the debtor’s lawyer had requested. Newhouse eventually settled the matter for $6,000 but the client objected to the amount and complained about Newhouse to the State Bar. He did not give any money to the client and closed his trust account after letting the balance fall below the required amount.

He told the bar the client’s share of the settlement was still in his trust account “because she told me she did not want it.” He also wrote a check against insufficient funds in the account and commingled funds.

Newhouse stipulated that he misappropriated client funds and failed to maintain them in trust, commingled funds and committed an act of moral turpitude by writing a bad check.

In mitigation, he had family problems at the time of the misconduct, a neuro-psychiatrist believes his conduct was related to his personal issues and he presented evidence of his good character.

DANIEL ROBERT BARTLEY [#79586], 61, of Novato was suspended for one year, stayed, placed on one year of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect Dec. 3, 2009.

Bartley wrote a check against insufficient funds in his client trust account and commingled personal funds in the account. During the time in question, he spent much of his time in Kentucky, due to a family emergency that required him to handle the medical, legal, financial and other personal affairs of his mother.

In mitigation, no money was misappropriated, he closed the account when the commingling issue was raised and he was under severe stress.

STEPHEN CORBIN BECKER [#42701], 66, of San Francisco was suspended for two years, stayed, placed on two years of probation with an actual 90-day suspension and was ordered to take the MPRE within one year and comply with rule 9.20. The order took effect Dec. 3, 2009.

Becker stipulated that he misused his client trust account by funneling third party checks through the account in exchange for a 7 percent fee, knowing the 68 payees were not his clients. He did not deposit the checks for the purpose of holding funds on behalf of a client.

Becker received an unsolicited request in 2005 from an individual in Buenos Aires named Salomon Fridman. Becker ultimately agreed to deposit a series of checks sent by Fridman and in turn wire the money, less his 7 percent fee, to a New York branch of an Uruguayan bank in the name of two other people.

He deposited in his trust account 68 checks totaling $1,033,950. No check bore Fridman’s name. He collected fees totaling $53,282 and wire transferred $707,597 to the Uruguayan bank. At least 22 checks were forged.

Becker was notified of the forgeries by the Bank of America, which placed a hold on two operating accounts he held and eventually closed his trust account which was overdrawn by $447,807.39. At the time of the stipulation, Bank of America had paid $656,118.56 to the issuing banks of the 22 forged checks. Even after a $45,049.09 offset from Becker’s other accounts with Bank of America, BofA sustained a total loss of $611,069.57 due to the forgeries. Becker has not paid any of that amount.

Becker was privately reproved in 1993.

JON MICHAEL SMITH [#166458], 48, of La Palma was suspended for one year, 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. The order took effect Dec. 3, 2009.

The State Bar Court review department agreed with a hearing judge’s findings of a single trust account violation but also found Smith failed to promptly pay out client funds or cooperate with the bar’s investigation and he committed an act of moral turpitude by misappropriating client funds.

Smith received a $10,000 settlement for a personal injury case, gave the client her share and kept $687 to reimburse the insurance carrier for medical costs. Because he did not properly supervise his client trust account, the money never was paid. Due to a variety of events, he closed his office but did not properly conclude his operations. Although his office manager was to notify Smith’s clients that he was moving, the personal injury client did not receive a notification because her case had settled. She filed a complaint with the bar after she was told the insurer was never paid and she could not locate Smith.

Smith had no prior discipline record and cooperated with the bar’s investigation and also suffered chronic pain and emotional distress stemming from his divorce.

MATTHEW B. WEBER [#202719], 37, of El Segundo was suspended for two years, stayed, and was placed on three years of probation with a one-year actual suspension and until he proves his rehabilitation. The order took effect Dec. 3, 2009.

Weber did not timely comply with rule 9.20, as ordered in a 2006 default disciplinary decision. He did not submit to the State Bar Court an affidavit stating that he notified his clients, opposing counsel and other pertinent parties of his suspension.

He was living in a Salvation Army drug rehab facility at the time, trying to overcome a longstanding drug problem, and was unaware of the requirement and had no computer access. He prepared and mailed the initial compliance declaration as soon as he could access a computer, but it was 37 days late. The affidavit was rejected six days later, but Weber prepared a new declaration the same day.

In mitigation, Weber showed good faith, no clients were harmed, he cooperated with the bar’s investigation and he took steps to demonstrate remorse.

The underlying discipline was imposed for abandoning clients, commingling entrusted funds, disobeying court orders, not reporting sanctions, fee splitting, committing acts of moral turpitude, and failing to cooperate with the State Bar’s investigation.

LOUIS J. PERKINS [#140056], 51, of Newcastle was suspended for two years, stayed, placed on one year of actual suspension and until the State Bar Court grants a motion to terminate the suspension and he was ordered to take the MPRE and comply with rule 9.20. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Dec. 3, 2009.

In a default proceeding that consolidated two cases, the bar court found that Perkins committed several acts of misconduct: he failed to provide competent legal services, take steps to avoid prejudice to his clients, keep them informed about significant developments in their case, refund unearned fees or cooperate with the bar’s investigation. He also committed an act of moral turpitude by making misrepresentations to clients.

In the first matter, a couple hired Perkins to represent them in a pending lawsuit in which they were defendants. Although he told the clients he had filed an answer, he had not done so and a default was entered against them. He didn’t respond to his clients’ many phone calls or refund any of their advance $1,500 fee.

In the second matter, Perkins commingled personal and client funds in his trust account.

WARREN NEIL NEMIROFF [#62262], 60, of Beverly Hills 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 Dec. 3, 2009.

Nemiroff stipulated that he deposited and maintained personal funds in his client trust account, which he used to pay personal expenses. He had no client funds in the account.

In mitigation, he had no prior discipline record, presented evidence of his good character, and he cooperated with the bar’s investigation.

TAMELA J. MURPHY [#190107], 50, of Marina del Rey was suspended for one year, stayed, placed on two years of probation with a 90-day actual suspension and was ordered to comply with rule 9.20. The order took effect Dec. 3, 2009.

Murphy stipulated that she committed 14 violations of probation conditions imposed in a 2004 discipline: she filed eight quarterly reports late, did not provide satisfactory evidence of compliance with the Lawyer Assistance Program and did not provide proof of attendance at ethics school.

The underlying discipline was imposed for aiding an individual who was not licensed as a lawyer in California in the unauthorized practice of law and for committing acts of moral turpitude.

In mitigation, she cooperated with the bar’s investigation, no clients were harmed and she had financial problems that contributed to her delay in attending ethics school.

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