1. MARK TODD CLAUSEN
2. DIDDO RUTH CLARK
3. MARCELLA CANDICE OKA
4. DANIEL ISAAC WAGNER
5. EDEN BELOVED NOE
6. ANTHONY EMMANUEL PAGKAS
7. JORDAN RICHARD MORGENSTERN
8. JAMES J. MURRAY
9. BRADLEY LYNN JENSEN
10. NANCY HEATHERING HENRICKS
11. DAVID DiNOSIGLIA MORIEL
12. FREDERICK HAZLITT BRENNAN
13. GUADALUPE GAMINO
14. TREVA J. HEARNE
15. DAVID C. CULVER
16. MICHAEL WAYNE CHAMP
17. KATHLEEN JILL SMITH
18. LUCIO GASCON CALUNGCAGIN JR.
19. STEPHEN THOMAS BORRELLI
20. SUSAN ANGELA CALLENDER
21. PAUL ALZONA DULIN
22. PETER JASON CABBINESS
23. CHARLES WALLACE COPPOCK
24. DIANE MEDINA BIGGERS
25. STEVEN ROY DAVIS
26. BAHRAM BRIAN PAYA
27. MARY ANNE MULLEN NAGY
28. MITCHELL LEE POSIN
29. JAMES HARVEY TIPLER
30. ADAM MARK RUBEN
31. KENNETH ALAN REED
32. SCOTT BUNKER HAYWARD
33. ROBERT ANDREW KARPUK
34. ARLENE DOROTHY KOCK
35. JAMES STUART LOCHEAD
36. FARIBA K. RAHIMI

MARK TODD CLAUSEN [#196721], 42, of Santa Rosa was suspended for two years, stayed, and placed on two years of probation with a 30-day actual suspension. The order took effect May 14, 2011.

Clausen stipulated that he committed professional misconduct by practicing law while suspended. The underlying discipline, imposed in 2008, also resulted from practicing while suspended. Because he did not pay the costs of the proceedings, the suspension exceeded 30 days.

Clausen stipulated that he signed and submitted letters and pleadings to the court on behalf of clients on seven occasions. He said he was unaware he was suspended after the 30 days and although he had adequate funds to pay the costs, he didn’t know about the deadline. Once he became aware of the suspension, he did no further legal work.

In mitigation, he cooperated with the bar’s investigation and demonstrated remorse.

DIDDO RUTH CLARK [#79876], 61, of Lafayette was suspended for two years, stayed, placed on three years of probation with a 30-day actual suspension and she was ordered to take the MPRE within one year. The order took effect May 14, 2011.

Clark stipulated to two counts of misconduct, both the result of making false statements to a court clerk. She sought to mislead a judge and committed an act of moral turpitude.

After receiving two time extensions, Clark filed an appellate brief late. When the court received the brief, five days after the deadline, it ordered the clerk to return the document to Clark and gave her another deadline. She missed that as well, but in a letter to the clerk, said she had mailed the brief by priority mailing. In fact, she had not completed or mailed the brief and knew her statement was false. She later admitted to lying and apologized to the court.

In mitigation, Clark has no discipline record since her 1978 admission to the bar, she cooperated with the bar’s investigation and demonstrated remorse, and she claims she is a victim of hostile siblings who took all her assets, leaving her indigent and suffering from post-traumatic stress disorder.

MARCELLA CANDICE OKA [#192571], 60, of Van Nuys was suspended for one year, stayed, placed on two years of probation with a 60-day actual suspension and she was ordered to take the MPRE within one year. The order took effect May 14, 2011.

Oka stipulated to 12 counts of misconduct in four matters; three involved client bankruptcies.

One client hired Oka sight unseen after receiving a letter about her availability. The letter included guarantees about the outcome of the representation but was not labeled an advertisement. The client paid more than $1,500 in attorney and filing fees and Oka filed a Chapter 13 petition. She was notified that documents were missing but she didn’t file the documents by the deadline or appear at a subsequent hearing and the petition was dismissed.

Oka then told the client he should file a Chapter 7 petition and demanded more fees. The client authorized the petition to avoid foreclosure on his home, paid another $1,724 in fees but could not meet with Oka for the next six weeks. He received an eviction notice but was still unable to meet Oka. She finally filed the Chapter 7 petition two months after the client paid the additional funds but because she didn’t file the requisite documents, that petition was dismissed as well.

In another bankruptcy matter, she never filed a petition and she did not file an appeal of a small claims judgment for another client. A third bankruptcy petition was dismissed because Oka did not give two of her client’s monthly payments to the trustee, even though the client provided the money. Oka also failed to appear at a hearing and did not refund her $1,000 fee, although ordered to do so by the court.

Oka stipulated that she failed to perform legal services competently, refund unearned fees, respond to a client’s status inquiries or account for client funds, and she disobeyed a court order and mailed a communication to a client that was meant to deceive or confuse.

DANIEL ISAAC WAGNER [#195610], 40, of Los Angeles 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 May 14, 2011.

Wagner stipulated to two counts of misconduct involving his client trust account. He did not maintain appropriate records of a client’s funds that he deposited in his trust account and allowed the balance in the account to drop below the required amount. He used the account to pay personal expenses and he wrote four checks against insufficient funds.

In mitigation, Wagner cooperated with the bar’s investigation, no clients were harmed and he had a gambling problem for which he received treatment.

EDEN BELOVED NOE [#236172], 32, of Playa Vista was suspended for four years, stayed, placed on four years of probation with a 30-month actual suspension and until she proves her rehabilitation and she was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect May 14, 2011.

Noe stipulated to six counts of misconduct in two matters.

In the first, she filed a false declaration, sought to mislead a judge and participated in a scheme to transfer title of a disputed property to avoid a court order. She had represented her mother in a property sale dispute, but substituted out, designating her mother in pro per. Nonetheless, Noe continued to give legal advice to her mother, who was the defendant. She was sanctioned for allegedly advising her mother to transfer the property to Coochie, LLP, an entity controlled by her mother, although the court had ordered that the property go to the plaintiffs.

In a statement given to the court under penalty of perjury, Noe said she knew nothing about Coochie and was not her mother’s “personal secretary, employee or attorney.” The court found that her statement was a misrepresentation made to “cover up (her) involvement in the scheme to avoid the court-ordered conveyance of the disputed property to the plaintiffs.” She was sanctioned $2,000 and did not report the sanction to the State Bar.

In a later declaration to the court, Noe falsely claimed an ownership interest in the property.

In a second matter, she filed a lawsuit and an amended complaint but did not respond to the other side’s cross-complaint. She did no further work, failed to appear at six hearings and a default judgment was entered against her client for $17, 332 plus $2,841 in interest and costs. She did not notify the client, who hired a new lawyer to vacate the judgment.

Noe provided a declaration, including confidential information, to opposing counsel that was used to defeat the motion to vacate. She later asked the other lawyer not to file the declaration.

She stipulated that she failed to provide legal services competently or maintain client confidentiality.

In mitigation, Noe cooperated with the bar’s investigation.

ANTHONY EMMANUEL PAGKAS [#186112], 45, of San Jose 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 May 14, 2011.

Pagkas stipulated to three counts of misconduct during his representation of a defendant in a lawsuit. He did not respond to interrogatories, and although the client hired a new lawyer, the court entered a default judgment against the client of $730,466.

The client sued Pagkas for malpractice and as that suit went forward, Pagkas bought the rights to the judgment from the plaintiff. He then tried to obtain from his former client consideration for the judgment that he now held. He originally asked for $100,000, hoping to get one-third of that. He also sought to intervene in the appeal and asked the court to be substituted in for the plaintiff to offset any future malpractice award.

The court of appeal denied his request, found that Pagkas violated his fiduciary duty to his former client and sanctioned him $5,260, payable to the former client.

Pagkas stipulated that he failed to perform legal services competently or report the sanction to the State Bar and he obtained an interest adverse to his client.

In mitigation, Pagkas cooperated with the bar’s investigation.

JORDAN RICHARD MORGENSTERN [#134046], 53, of South Lake Tahoe was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within a year. The order took effect May 14, 2011.

Morgenstern stipulated to five acts of misconduct in four matters, including failures to account for client funds, refund unearned fees, return a client file or perform legal services competently.

He did not account for a client’s advance $35,000 fee for more than nine months, did not refund another client’s $2,500 advance fee for more than five months or another’s $5,000 fee for four years. Morgenstern was hired by a couple to handle planning and zoning issues and although he knew they had not exhausted all their administrative remedies and weren’t time-barred from pursuing those remedies, he filed a civil suit. Because he never stated a cause of action, the court sustained the defendants’ demurrer without leave to amend. He didn’t return the entire file to the client for more than a year.

In mitigation, Morgenstern cooperated with the bar’s investigation, demonstrated remorse, had no discipline record and had extreme personal difficulties at the time that contributed to the misconduct.

JAMES J. MURRAY [#66952], 65, of Fremont was suspended for two years, stayed, and placed on three years of probation with a six-month actual suspension that ran consecutively to another suspension. The order took effect May 14, 2011. He also received a one-year actual suspension April 29, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court and take the MPRE within one year.

In the April matter, Murray stipulated to 10 acts of misconduct in two matters. He was hired by a woman who had terminal cancer to help with estate planning. He cancelled an appointment when he was to have drafts of a will and trust and he did not prepare an urgently needed health care power of attorney. Despite his promises, he did not provide the client with estate planning documents, he cancelled appointments and he did not respond to messages. The client fired him and asked for a refund of her advance $2,200 fee.

Murray stipulated that he failed to perform legal services competently, communicate with his client, refund unearned fees, account for client funds or cooperate with the bar’s investigation, and he took no steps to protect his client’s interests when his employment ended.

In a second matter, he represented a client who was sued by an individual who claimed he owned a share of the client’s property. The client told Murray she intended to develop the property and needed clear title. The court awarded Murray $2,500 in attorney fees from the plaintiff, but the check bounced. He didn’t take steps to recover the money, although his client instructed him to do so.

The plaintiff hired a new lawyer, but Murray didn’t respond to discovery, nor did he tell his client her deposition was scheduled. The client, who ultimately fired Murray, paid $15,000 in fees.

He stipulated that he did not account for the client’s funds, keep the client informed of developments in her case or perform legal services competently.

In the May disciplinary case, Murray stipulated to four counts of misconduct in two matters. He did not return two client files for two and five months respectively, refund unearned fees or cooperate with the bar’s investigation.

In mitigation, Murray participated in the Lawyer Assistance Program, showed remorse, and had multiple medical issues he has since resolved. He was privately reproved in 1984.

BRADLEY LYNN JENSEN [#182272], 45, of Aliso Viejo was suspended for one year, stayed, placed on two years of probation with a 30-day actual suspension and was ordered to take the MPRE within one year. The order took effect May 14, 2011.

Jensen successfully completed the Alternative Discipline Program after demonstrating a connection between his mental health issues and his misconduct. He stipulated to four counts of misconduct in two client matters.

In one matter, Jensen stipulated that he filed  a meritless opening brief for a client and by doing so, he continued employment when he knew that the objective was to present an unwarranted claim. In the other matter, he stipulated that he committed acts of moral turpitude by writing and sending letters using another attorney’s name and signature without the other lawyer’s knowledge and he impersonated with the intent to mislead. He also tried to obtain an advantage in a civil dispute by threatening to pursue criminal “recourse.”

Jensen was disciplined in 2007 for failing to perform legal services competently. In mitigation, no clients were harmed and he had serious family problems.

NANCY HEATHERING HENRICKS [#106851], 57, of Austin, Texas, 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 Jan. 1, 2011.

Henricks stipulated that she distributed funds held in her trust account without court authorization.

Henricks substituted into a divorce case, in which the couple’s home was sold and the proceeds were held equally by attorneys representing the husband and wife. Henricks received just over $100,000 to hold in trust for the wife; no funds were to be disbursed without a court order or written agreement by the parties.

When her client terminated Henricks two months later and asked for the funds, less Henricks’ fee, Henricks refunded the money. She advised the client that the court orders seemed inconsistent and suggested she seek clarification from the court. When Henricks responded to a later court order for an accounting, she was ordered to turn the funds over to the client’s new lawyer.

In mitigation, Henricks cooperated with the bar by entering into a stipulation, she presented letters attesting to her good character and she acted in good faith, believing she was required to return funds to the client after termination.

DAVID DiNOSIGLIA MORIEL [#164875], 44, of Long Beach was suspended for two years stayed, and placed on two years of probation with an actual 30-day suspension. He received credit for a 30-day inactive enrollment in 2008. The order took effect Jan. 1, 2011.

Moriel successfully completed the Alternative discipline Program after showing a connection between his substance abuse and mental health issues and his misconduct. He stipulated to misconduct in four cases, including failing to perform services competently, communicate with clients and promptly refund unearned fees.

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

FREDERICK HAZLITT BRENNAN [#178194], 54, of Napa 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 Jan. 5, 2011.

Brennan stipulated that he committed acts of moral turpitude by three times asking a client for a loan and suggesting that she falsely claim to her homeowners insurance company that the money was a legal fee.

Brennan and the client were close friends and he assisted her in a personal injury case in which she was a defendant. The client’s counsel of record was an attorney paid for by her insurance company. Brennan’s friend did not loan him any money, despite three requests.

In mitigation, he had no prior discipline record, cooperated with the bar’s investigation, had emotional, family and financial problems, and he provided letters documenting his good character.

GUADALUPE GAMINO [#74011], 61, of San Francisco 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 Jan. 9, 2011.

Gamino failed to comply with the conditions of a public reproval imposed in 2009. He did not meet with a probation officer, submitted three quarterly reports late and did not make restitution on time or submit proof of restitution to the State Bar.

The reproval was imposed for his failure to perform legal services competently, respond to a client’s status inquiries, or report judicial sanctions of more than $1,000 to the bar. He also was privately reproved in 2001.

TREVA J. HEARNE [#159542], 64, of Reno 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 Jan. 9, 2011.

Hearne did not comply with conditions attached to a 2009 private reproval. She did not contact the probation office, submit four quarterly reports on time, submit proof that she passed the MPRE on time, or provide evidence of completion of 10 hours of MCLE courses.

The reproval was imposed for Hearne’s failure to perform legal services competently. In mitigation, she cooperated with the bar’s investigation.

DAVID C. CULVER [#98072], 63, of Duncan Mills was suspended for three years, stayed, placed on four years of probation with a nine-month actual suspension and he was ordered to take the MPRE within one year. He received credit for nine months of inactive enrollment between 2007-08. The order took effect Jan. 9, 2011.

Culver successfully completed the Alternative Discipline Program after demonstrating a connection between his substance abuse and mental health issues and his misconduct.

In three separate stipulations, Culver admitted he committed misconduct in six matters.

He failed to respond to his client’s status requests in a divorce case and agreed to pay the award the client won in fee arbitration. After receiving an $80,000 settlement in a personal injury case, Culver disbursed all the money except $4,710. He stipulated he failed to account for client funds.

In the third stipulation, he admitted 11 acts of misconduct in four matters, including modification of a child support order, a divorce, an unlawful termination case and the loss of a modular home owned by clients with potentially conflicting interests. His misconduct included failures to perform legal services competently, respond to status requests, refund unearned fees, pay out client funds, inform clients of a possible conflict of interest or protect client interests after the representation ended. He also misappropriated $32,000.

His actions deprived one client of child support to which she was entitled and resulted in a more acrimonious divorce, and the misappropriation caused the client significant financial and emotional stress.

In mitigation, Culver had no prior discipline record, he cooperated with the bar’s investigation, and he agreed to refund the money he owes his clients.

MICHAEL WAYNE CHAMP [#95784], 57, of Woodland Hills was suspended for two years, 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 Jan. 9, 2011.

Champ stipulated to seven acts of misconduct in two matters.

In a construction defect case in which he represented the plaintiffs, Champ did not assist his client in responding to discovery, nor did he oppose or respond to various motions filed by the defense. He stipulated that he failed to perform legal services competently, keep a client informed of significant developments in his case or cooperate with the bar’s investigation.

In a personal injury case in which Champ won a default judgment, the sheriff’s department collected $10,013 on a writ of execution and gave Champ a check for that amount. He said he informed the client that the defendant filed for bankruptcy and the money might be ordered returned to the trustee.  He did not respond to several phone messages from his client seeking information on the status of the case. About two years later the client fired him, and about year after that, he sent the client a check and returned her file.

Champ stipulated that he failed to promptly pay out client funds, return the file, take steps to avoid prejudice to the client or cooperate with the bar’s investigation.

KATHLEEN JILL SMITH [#182929], 62, of Santa Rosa was suspended for two years, stayed, and placed on two years of probation. The order took effect Jan. 9, 2011.

Smith successfully completed the Alternative Discipline Program, after stipulating to misconduct and demonstrating a connection with her mental health problems. She admitted she engaged in the unauthorized practice of law and failed to perform legal services with competence.

She was disciplined twice previously. In 2005, her probation was revoked for failing to comply with its conditions. While on inactive status, she made numerous appearances in Sonoma County court on dependency matters, and she also accepted legal fees during that time.

A year earlier, Smith was suspended after a personal injury case was dismissed when she did not attend an early mediation status conference or appear at an order to show cause hearing. In that matter, Smith stipulated that she failed to perform legal services competently, keep a client apprised of the status of her case, respond to status inquiries or cooperate with the bar’s investigation.

In mitigation, Smith has a substantial record of pro bono activities and community service.

The probation of LUCIO GASCON CALUNGCAGIN JR. [#134519], 63, of Anaheim was revoked and he was suspended for one year and ordered to comply with rule 9.20 of the California Rules of Court. He received credit for a period of involuntary inactive enrollment that began Sept. 11, 2010. The order took effect Jan. 9, 2011.

Calungcagin was disciplined in 2009, but did not comply with probation conditions. He did not submit three quarterly reports or provide proof of attendance at ethics school or trust accounting class.

The underlying discipline was imposed for failing to perform legal services competently or maintain client funds.

The probation of STEPHEN THOMAS BORRELLI [#143746], 48, of Los Angeles was revoked and he was suspended for two years and until he proves his rehabilitation, and he was ordered to comply with rule 9.20 of the California Rules of Court. He received credit for a period of involuntary inactive enrollment that began Sept. 12, 2010. The order took effect Jan. 9, 2011.

Borrelli violated the terms of a 2010 probation by failing to meet with the Office of Probation, submit one quarterly report or join the bar’s Law Practice Management and Technology Section. The underlying discipline was imposed for failures to perform legal services with competence, communicate with his client, and withdraw from employment when his mental condition rendered it unreasonably difficult for him to continue his employment, and he disobeyed or violated a court order.

The probation of SUSAN ANGELA CALLENDER [#187501], 48, of Oakland was revoked, she was placed on one year of probation and suspended for six months and was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 9, 2011.

Callender violated the terms of a 2009 disciplinary order by failing to contact the Office of Probation by the required deadline or submit two quarterly reports. The underlying discipline was imposed for unauthorized practice of law and failure to return unearned fees. 

PAUL ALZONA DULIN [#181584], 43, of Escondido was suspended for two years, stayed, placed on four years of probation with a 60-day actual suspension and he was ordered to take the MPRE within one year. The order took effect Jan. 9, 2011.

Dulin stipulated that he shared legal fees with a non-lawyer. Although he worked in Escondido, Dulin opened a law office in Rosemead, some 100 miles away and hired a non-lawyer as his office manager. He originally agreed to pay him on an hourly basis, but when he discovered the payments to the office manager exceeded fees he was earning, they agreed to split the profits equally.

The office manager eventually was investigated for insurance fraud and capping and entered into an agreement with an undercover officer to refer patients to a clinic in exchange for 40 percent of medical portion of the settlement of each case. The office manager was indicted for insurance fraud and the Los Angeles County superior court assumed jurisdiction over the Rosemead office.

Dulin consented to the takeover but did not admit to any improper conduct.

In mitigation, he cooperated with the bar’s investigation and had severe personal problems at the time of the misconduct.

PETER JASON CABBINESS [#185376], 43, of Clovis was suspended for two years, stayed, placed on three years of probation with a six-month actual suspension and he was ordered to make restitution, take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 9, 2011.

Cabbiness stipulated to 22 counts of misconduct in six matters. He failed to file a petition for probate for more than two years and the matter was dismissed, he failed to file suit against three parties, as requested by his client, and he failed to make two appearances in a child support matter. In another child support matter, Cabbiness did not file a lawsuit but repeatedly assured his clients he was doing so. He did not refund unearned fees in any of the matters and he didn’t return client files or communicate with his clients in most cases.

In another case, he did file a lawsuit but didn’t serve the defendants and it was dismissed after he told the court it was settled. The clients did not authorize a settlement and he did not inform them their case was dismissed. In an immigration matter, he did not file an appeal, despite his promises to do so.

In mitigation, Cabbiness cooperated with the bar’s investigation, had no prior discipline record and he has health, family and financial problems.

CHARLES WALLACE COPPOCK [#79458], 64, of Santa Rosa was suspended for three years, stayed, placed on five years of probation with a 30-day actual suspension and he was ordered to take the MPRE within one year. The order took effect Jan. 13, 2011.

Coppock successfully completed the Alternative Discipline Program after demonstrating a connection between his mental health issues and his misconduct. He stipulated that he aided another person in the unauthorized practice of law, committed acts of moral turpitude, associated professionally with a suspended lawyer and did not notify the bar he hired the person to work for him, and he violated a probation condition.

From 1999-2006, Coppock shared an office with lawyer James Bajgrowicz. When Bajgrowicz was suspended, Coppock hired him to help with a property management company. The two had an agreement under which Bajgrowicz would help prepare unlawful detainer actions and associated pleadings that Coppock would file. In order to save time, Coppock suggested that Bajgrowicz sign Coppock’s name to the pleadings. At one point, Coppock claimed Bajgrowicz forged his signature.

He has been disciplined twice previously.  He was convicted of driving under the influence with two priors in 2001 and was disciplined in 1988 for committing an act of moral turpitude. In mitigation, he cooperated with the bar’s investigation and he demonstrated remorse.

DIANE MEDINA BIGGERS [#222634], 43, of Arcadia was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension and she 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 Jan. 13, 2011.

Biggers stipulated to eight acts of misconduct in two matters.

She filed a petition to appoint her client’s sister as the guardian of the client’s children but did not appear for two hearings. The clients sought a refund of their fee, and Biggers asked them to sign a waiver to absolve her of any malpractice liability.

A second client hired Biggers to represent him in divorce and criminal matters. In her fee agreement, Biggers acquired an interest adverse to her client by posting some of her client’s possessions, such as his truck, as collateral. If the client was delinquent on his bill, he would forfeit some of those possessions to Biggers under the terms of the fee agreement.

The client fired her and requested a refund and a return of his property. The two participated in fee arbitration, where Biggers said she sold some of her client’s tools and his truck for $1,800. The arbitrator determined that the value of the client’s property was $10,000, Biggers’ work was worth $2,500 and she owes her client $7,500. She has not paid him.

In mitigation, Biggers has no record of prior discipline.

STEVEN ROY DAVIS [#182231], 49, of Modesto was suspended for two years, stayed, placed on three years of probation with a one-year actual suspension and he was ordered to make restitution, take the MPRE and comply with rule 9.20. The order took effect Jan. 13, 2011.

Davis stipulated to 15 acts of misconduct in six matters, including failures to perform legal services competently, refund unearned fees and communicate with clients.

He filed a divorce petition for a client, but never advised him that another attorney would make court appearances.  Although the court granted a dissolution, Davis took no action and did not complete the paperwork. Nonetheless, he billed the client another $1,000 for work on “default” papers. The client completed the divorce himself.

In another case in which Davis was hired to establish the paternity of his client’s child, the grandmother paid the legal fees although the fee agreement was between Davis and the mother. His staff falsely informed the mother and grandmother that the trial was postponed due to Davis’ illness, but the trial proceeded without their participation. Davis did not refund a $3,500 advance fee.

He did not file a bankruptcy petition needed by a client to avoid foreclosure on her home, did not sue a realtor for another client, and did not complete work on another family law matter.

Davis was publicly reproved in 2004 for failures to respond to clients’ status inquiries or cooperate with the bar’s investigation.

BAHRAM BRIAN PAYA [#210798], 42, of Los Angeles 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 Jan. 13, 2011.

Paya was convicted in 2009 of three misdemeanors charged as the result of a December 2008 arrest: driving with a blood alcohol content in excess of .08, possession of a controlled substance and driving on a suspended license. He stipulated that the misconduct did not involve moral turpitude but warranted discipline.

Paya also was convicted in 2008 of possession of a controlled substance and driving with a blood alcohol content exceeding .08 percent.

In mitigation, he had no prior discipline record, had serious family problems and has been sober since his 2008 arrest.

MARY ANNE MULLEN NAGY [#171942], 56, of Cheshire, Conn., was suspended for one year, stayed, actually suspended for 90 days and until the State Bar Court grants a motion to terminate the suspension, and she 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, she must prove her rehabilitation. The order took effect Jan. 13, 2011.

In a default proceeding, the bar court found that Nagy did not comply with conditions of a 2009 private reproval. She did not meet with the probation office within 30 days, as required, and she did not submit two quarterly reports on time. The reproval was imposed because Nagy did not comply with conditions of an agreement in lieu of discipline and she failed to perform legal services competently or respond to clients’ reasonable requests for status updates.

MITCHELL LEE POSIN [#115151], 53, of Las Vegas was suspended for two years, stayed, placed on two years of probation with an actual one-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 Jan. 13, 2011.

Posin was disciplined in Nevada for 33 acts of misconduct in 12 matters, ranging from failures to perform legal services competently to not replying to clients’ status requests to not accounting for client funds.

In mitigation, he had no discipline record in 19 years of practice. Posin practiced with his father, who unilaterally withdrew almost $200,000 from their law firm’s client trust account. Posin was able to make restitution to five clients, but the impact of his father’s actions, including the deterioration of their relationship, impaired his judgment and affected his ability to adhere to professional rules of conduct.

The probation of JAMES HARVEY TIPLER [#80748], 60, of Mary Esther, Fla., was revoked and he was placed on two years of probation with an actual two-year suspension and until he proves his rehabilitation. He receives credit for the involuntary inactive enrollment that began Nov. 5, 2010. The order took effect Jan. 20, 2011.

Tipler violated the terms of a 2008 disciplinary order. He opposed the bar’s move to revoke his probation with a declaration that the court found defective. He did not appear at the hearing.

Tipler did not file one quarterly report on time and did not file another at all, contact the probation office within 30 days or complete six hours of MCLE in ethics.

Tipler was disciplined six times in Florida and Alabama, beginning in 1992 with an arrest for possession of cocaine. The California discipline was imposed following a misdemeanor conviction in Alabama for interfering with judicial proceedings. In a medical malpractice action, he created the impression that a videotape he offered in evidence was in its original, unedited condition when the tape had in fact been edited.

ADAM MARK RUBEN [#200996], 42, of San Diego was suspended for 90 days, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Jan. 20, 2011.

Ruben stipulated that he failed to maintain client funds in a trust account. Because he did not keep an accurate record of transactions, the account was overdrawn and Ruben took his fees without realizing one check was outstanding.

In mitigation, he had no prior discipline record and he took the bar’s client trust accounting class.

KENNETH ALAN REED [#133567], 52, of Santa Ana 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 a year. The order took effect Jan. 20, 2011.

Reed stipulated to two counts of misconduct in two matters. He failed to refund an unearned fee and he commingled funds in his client trust account. He deposited personal funds in his trust account but did not pay personal expenses from the account. He removed earned fees every month.

Reed did not have a retainer agreement with a client who hired him to obtain the return of his truck and $700 seized by the Tustin police. The client paid a $15,000 advance fee. Although Reed got the truck back, the cash was not returned. He did not return the client’s phone calls, but asserts he didn’t get the messages because his secretary was out and her replacement stopped opening mail or sending him phone messages. He was not aware his client had asked for a refund and he later returned $15,000.

In mitigation, Reed had no prior discipline record and he took corrective measures and instituted good record-keeping procedures to avoid further misconduct. No clients were harmed.

SCOTT BUNKER HAYWARD [#138582], 51, of Santa Ana 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 Jan. 20, 2011.

Hayward stipulated to eight counts of misconduct in four matters stemming from his involvement with RJV Financial Inc., a loan modification business owned by two non-lawyers. He was to provide supervision and guidance through his law firm, Loss Mitigation Law Group (LMLG) and receive a share of the fees.

In the first matter, he submitted his clients’ information to their lender who denied a loan modification because the couple was current on their mortgage payments. They requested a refund, and Hayward assumed it was issued. He did not follow up and the clients did not receive their refund.

Hayward stipulated that he had an improper partnership and split fees with non-lawyers and he did not refund unearned fees.

In the other three matters, he sent letters to non-clients that were deceptive and contained information designed to confuse or mislead the public. The letters referred to the recipients’ loans or their lenders.

In mitigation, Hayward has no prior discipline record, he cooperated with the bar’s investigation, he is not affiliated with any loan modification businesses and he is repaying his client’s advance fee.

ROBERT ANDREW KARPUK [#93322], 59, of Malibu was suspended for two years, stayed, placed on three years of probation with an actual one-year suspension and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 20, 2011.

Karpuk pleaded no contest to misdemeanor petty theft after taking seven CDs from a Fry’s electronics store in 2008. The offense involved moral turpitude. Karpuk was placed on interim suspension in February 2010.

He also was publicly reproved in 1994.

ARLENE DOROTHY KOCK [#80276], 59, of San Ramon was suspended for one year, stayed, and placed on two years of probation. The order took effect Jan. 20, 2011.

Kock stipulated she failed to maintain respect due the courts in divorce and domestic violence matters in which she represented the wife. She did not file numerous documents, affidavits and orders required by the court, did not file a substitution of attorney and she didn’t file a response to the divorce in a timely fashion. 

She also did not refund unearned fees to her client for more than three years.

In mitigation, she cooperated with the bar’s investigation and submitted evidence of her good character. She also was disciplined last year for failing to refund unearned fees or properly maintain client funds.

JAMES STUART LOCHEAD [#146932], 58, of Pasadena 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 Jan. 20, 2011.

Lochead stipulated to three counts of misconduct in three matters. In the first, a client paid an advance $11,000 fee to prepare six evictions matters and a civil case. A few days later the client terminated the representation, but Lochead did not account for his client’s money.

A woman whose husband had filed for divorce paid Lochead $5,000 to represent her, but about nine months later, when Lochead’s paralegal wrote to the client because they had been unable to contact her, the client fired Lochead and asked for a refund. He did not account for her fee.

A third client paid a $2,500 advance fee for Lochead to file a bankruptcy petition; the matter needed a quick resolution because the client was facing foreclosure. Lochead told the client he was planning to move his office but provided no forwarding information and she was unable to reach him. He did not file the bankruptcy petition and stipulated he failed to perform legal services competently.

In mitigation, he cooperated with the bar’s investigation.

FARIBA K. RAHIMI [#200403], 48, of Encino was suspended for one year, stayed, placed on two years of probation with a 60-day actual suspension and she was ordered to take the MPRE within one year. The order took effect Jan. 20, 2011.

Rahimi stipulated to five acts of misconduct in two matters.

Two investigators for the Los Angeles district attorney’s office, posing as accident victims, were referred to Rahimi for legal representation after each visited a doctor who created a false bill and medical report. The individuals claimed to have been injured in separate accidents. Rahimi sent demand letters to each individual’s insurance company.

When she met with the first client to prepare him for an examination under oath, he told Rahimi he lied to the insurance company by telling them he’d seen the doctor 15 times, when in fact he’d only seen him once. Rahimi said she could not represent him if he were to lie, but she also said he’d have no case without the doctor’s report. Rahimi continued to represent the client, who gave false testimony under oath. She did not advise him to withdraw the false medical billing and settled his claim for $8,500.

The circumstances were similar with respect to the second client, whose claim Rahimi settled for $7,500.

She stipulated that she committed acts of moral turpitude and continued to represent clients when she knew that doing so violated professional conduct rules.

In the second matter, she deposited settlement checks she received for two clients in her business account rather than her client trust account. She stipulated that she failed to maintain client funds in trust.

In mitigation, Rahimi was not involved in orchestrating the fraudulent billings and she advised her clients to tell the truth. With respect to her client trust account, her misconduct was caused by inadequate record-keeping. 

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