- THOMAS PATRICK GIORDANO
- ZACHARY IAN GONZALEZ
- STANLEY GOUMAS HILTON
- LUANN MARIE KELLEY
- THOMAS CRAIG NELSON
- PHILIP ALLEN PUTMAN
- PIOTR GABRIEL REYSNER
- KENT C. WILSON
- VINCENT LEE GOODWIN
- JOHN FRANKLIN MORKEN
- JOSEPH ARTHUR BERNAL
- RICHARD DAVID CORONA
- HENRY RICHARD GAXIOLA
- MOHAMED FOUZI HAFFAR
- MOSES SHELDON HALL
THOMAS
PATRICK GIORDANO [#155548], 52, of Irvine was disbarred June 16, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Giordano
stipulated to 43 counts of misconduct, most involving his failure to perform
legal services for his clients. In the majority of cases, he was hired to file
a bankruptcy petition; some of the matters involved loan modifications or
bankruptcy petitions to avoid foreclosure on the clients’ property. He
demonstrated a pattern of accepting fees but failing to perform legal services.
He dissolved his law office but failed to provide refunds totaling more than
$267,000. He acknowledged in the stipulation that he owes 38 clients $220,965
and agreed to make restitution.
In one
matter, his client agreed to hold Giordano harmless from any claims or lawsuits
stemming from a loan modification. He stipulated that he did not tell the
client to seek independent legal advice. He didn’t notify another client until
the day before a trustee’s sale that his loan modification was denied. In a
personal injury case, Giordano stipulated he committed acts of moral turpitude
by failing to pay his client’s liens, totaling more than $13,000, although he
told the client he had done so. He failed to refund an unearned fee despite his
client’s request.
He did
refund $26,039 to a couple who hired him to file a chapter 11 petition to save
several properties from foreclosure. However, he did no work of value for two
other clients who paid him $30,800 and $25,000 respectively to handle their
bankruptcies. He owes other clients amounts including $17,000, $14,200, $11,774
and $16,800.
In
mitigation, Giordano cooperated with the bar’s investigation and stipulated to
disbarment.
ZACHARY
IAN GONZALEZ [#259663], 32, of West Covina was disbarred June 16, 2012, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Gonzalez
stipulated to 43 counts of misconduct in 14 cases involving his failures to
provide competent legal services in bankruptcy and loan modification matters.
In 12 matters, he became ineligible to practice law and as a result could not
complete his clients’ cases. However, he did not refund unearned fees and in
some cases the clients’ bankruptcies were dismissed. Two matters were
dismissed because Gonzalez didn’t file 13 required documents. In two other
cases, he was not permitted to prepare and file the required documents. He also
violated California law by twice agreeing to negotiate a loan modification and
collecting advance fees before the work was completed. Gonzalez also did not
return his clients’ files.
He was
suspended and placed on probation in 2011 for failing to refund unearned fees
or account for advance fees, forming a partnership with a person who is not a
lawyer, splitting legal fees with a non-lawyer, soliciting prospective clients
with whom he had no family or professional relationship and committing acts of
moral turpitude. In mitigation, he stipulated to disbarment.
He agreed
to make restitution totaling $60,855 to the clients in the 14 disciplinary
matters.
STANLEY
GOUMAS HILTON [#65990], 63, of San Francisco was disbarred June 16, 2012, and was ordered to
make restitution and comply with rule 9.20 of the California Rules of Court.
State Bar
Court Judge Lucy Armendariz found that Hilton committed five acts of misconduct
in two matters, and he was convicted of reckless driving.
He
represented a client who paid an advance $13,000 fee for two civil actions with
contingency fee agreements. Hilton did not account for the fee and was ordered
by the bar court to participate in fee arbitration, where he agreed to keep
$1,994.25 in costs and refund $11,005.74 to the client. He stipulated that he
neither accounted for the advance fee or refunded any money to the client.
In a
second matter, Hilton practiced law while suspended by accepting a $1,000 fee
to handle a foreclosure matter. He told the client he was on inactive status
because he was taking a sabbatical to write a book, but he advised the client what
pleadings he should file and agreed to prepare them. He then prepared several
legal documents. The client believed he was hiring a lawyer and Armendariz
found that Hilton engaged in the unauthorized practice of law, collected an
illegal fee and committed an act of moral turpitude by lying to the client.
Hilton
also pleaded no contest in 2011 to reckless driving. The court found the
circumstances surrounding the conviction do not constitute moral turpitude but
do warrant discipline.
In
mitigation, Hilton stipulated to disbarment. He also was diagnosed as bipolar
and participated in the State Bar’s Lawyer Assistance Program and the
Alternative Discipline Program. He was terminated from the ADP after committing
further misconduct.
He was
suspended and placed on probation in 2011 after stipulating to 27 acts of
misconduct in eight matters and also was convicted of using offensive words in
public likely to provoke a violent reaction, a misdemeanor. He falsely reported
to police that his estranged wife had threatened to kill their three children.
Armendariz
said she was concerned about Hilton’s “continuous course of misconduct” since
2005 as well as his violation of the previous suspension order. He “does not
appear to understand the gravity of his misconduct and . . . put his interests
above those of his clients,” she wrote.
LUANN
MARIE KELLEY [#131841], 61, of San Diego was disbarred June 16, 2012, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Kelley stipulated
that she failed to account for client funds and misappropriated thousands of
dollars from a family trust. Kelley represented the trustee, who transferred
$80,000 of trust assets to Kelley, who in turn deposited the money in her
client trust account. The balance the account dropped to $3,950.75 and later to zero.
Although
Kelley believes she is
entitled to $27,123 of the $80,000 for attorney fees and costs, she did not obtain a required order
concerning fees and costs from the probate court. The court ordered her to
refund $80,000 to the trust,
along with an additional $115,752.98 in damages, by May 13, 2010. Kelley
contends the issue of her claim to attorney fees and costs remains open with
the probate court.
In
mitigation, she had no prior discipline record, provided evidence of her good
character, suffered from depression and cooperated with the bar’s
investigation.
THOMAS
CRAIG NELSON [#82506], 58, of San Diego was disbarred June 16, 2012, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Nelson
stipulated to nine counts of misconduct in three matters. He represented two
couples who had disputes with their mortgage lenders, agreed to file chapter 13 bankruptcy petitions to
stop pending
trustee sales of their homes and then to initiate litigation against the
mortgage lenders. One couple paid Nelson $20,700
in advance fees and the other gave him $25,500. Although he filed bankruptcy
petitions for both couples, they were dismissed and Nelson never initiated
litigation. He stipulated that in both matters he failed to perform legal
services competently, account for client funds or refund unearned fees.
He
represented another couple, who paid an advance fee of $20,000, to pursue a
loan modification and to sue their lender if unsuccessful. Nelson did little to
secure a loan modification, never filed a lawsuit and eventually filed a
chapter 13 bankruptcy petition that was dismissed. The clients hired a new
lawyer after their lender sued them. Nelson admitted he provided no legal
services of value to the couple, nor did he account for or refund their advance
fee.
Nelson
was suspended and placed on probation in 2011 for failing to perform legal
services competently, refund unearned fees or cooperate with the bar’s
investigation, and he committed acts of moral turpitude. He also was
disciplined in 2002 for failing to maintain entrusted funds in a trust account
and misappropriating $38,000 in client funds, an act of moral turpitude.
In
mitigation, he stipulated to disbarment.
PHILIP
ALLEN PUTMAN [#51368], 77, of Huntington Beach was disbarred June 16, 2012, and was ordered to
make restitution and comply with rule 9.20 of the California Rules of Court.
Putnam
stipulated to ten counts of misconduct in three matters.
In the
first, he submitted false billing statements to his client after instructing
his billing clerk to alter the statements in order to change the paralegal
rate of $100 per hour to the $300 per hour attorney rate. He also told the
clerk to “white out” the
paralegals’ initials on a billing report. He created a second billing
reflecting the higher rates as well as new charges. In total, he claimed
$392,397.50 in attorney’s fees. The client, who had paid $11,700, fired Putnam
and hired a new lawyer.
In addition, Putnam
charged the client for work done when he had said he was unavailable. The
stipulation asserts the fees also were unconscionable “considering the time and
labor required to complete the tasks,” such as “$600 (2 hours) to prepare, file
and serve a one-sentence notice of ruling” and a charge of $2,100 (7 hours) to
deliver exhibits to a copy shop.
The court ruled
that the attorney fees Putnam claimed were unreasonable and should total
$40,000. Although the client paid that amount, Putnam claimed in subsequent
complaints filed with the courts that the client had made no payments.
Putnam separately
sued the client for $685,500 in fees, costs and punitive damages, claiming
approximately $474,500 were attorney fees. Although a jury awarded Putnam
$405,050 in damages, the court found the award excessive. Among other things,
the court said Putnam had submitted unreliable “if not fraudulent” billing
statements and suggested he committed criminal acts.
Putnam also
received settlement checks for his client, totaling $8,000, from two financial
institutions, but generated billing statements that credited the client with
only part of the money.
He stipulated that
he committed acts of moral turpitude, charged unconscionable fees, failed to
account for client funds and misappropriated funds.
While representing
a couple who were defendants in a civil case, Putnam did not file a timely
response on their behalf or refund their unearned fee. The plaintiff won a
default judgment of $40,468.57 against Putnam’s clients.
In the third
matter, Putnam represented a woman in three separate cases, including a legal
malpractice action. He stipulated that he failed to perform legal services
competently: he failed to properly draft the complaint or first and second amended
complaints, properly
serve all the defendants, provide notice of a case management conference,
provide proper discovery responses, file opposition to various motions to
compel, or appear at two hearings. He also did not plead the facts properly or provide
a basis for his client’s claim to attorney’s fees. He stipulated that he
disobeyed court orders.
Putnam
was privately reproved in 1995 and in 2000, was suspended and placed on
probation for violating the terms of the reproval and for failing to comply
with a court order or report sanctions to the State Bar.
PIOTR
GABRIEL REYSNER [#210937], 37, of Sacramento was disbarred June 16, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Reysner
stipulated to 49 counts of misconduct in 12 cases. He stipulated that in five matters, he
committed acts of moral turpitude by habitually demanding and accepting
advanced attorney fees and then failing to perform legal services agreed upon
or to refund the advanced fees. He also did not account for client funds,
respond to client inquiries or inform them of developments in their cases, or
take steps to avoid prejudice to his clients when he stopped representing them.
In a bankruptcy
matter, for example, he advised the client that she could sue the credit union
that held the mortgage on her ranch. Doing so would lead to a loan
modification, he said. Although Reysner filed a bankruptcy petition, he didn’t
appear at a scheduled creditors meeting. He didn’t file suit in the predatory
lending matter for 10 months and didn’t make any scheduled court appearances.
He falsely told the client the matter had been taken off calendar. The client
was unable to reach Reysner after she learned she faced a deadline for filing
an amended complaint. Both the bankruptcy petition and the predatory lending
suit were dismissed.
Another client
hired Reysner to sue her lender in an effort to address her impending
foreclosure. After receving $5,000 from the client, Reysner did no work of
value, and didn’t show up for meetings with the client, respond to status
inquiries, return her file or refund the unearned fee.
While representing
the wife in a divorce, he missed two conferences and the client fired him. She
was unable to negotiate on her own behalf because Reysner did not sign the
substitution of attorney form until nearly a year later, when the client went
to his office unannounced and obtained the form.
KENT C. WILSON
[#58652], 66, of San Diego was disbarred June
16, 2012, and was ordered to make restitution and comply with rule 9.20 of the
California Rules of Court.
Wilson
stipulated to 30 counts of misconduct in nine cases. Most of the cases involved
loan modifications or potential lawsuits against lenders. He did not do the
work he was hired to do, closed his office without notifying his clients and
did not account for or refund their unearned fees.
In
September 2010, Wilson informed the federal court he had tried to resign from
the State Bar but the resignation was not accepted because it was not in a form
required by bar rules. At the time, Wilson had 49 matters pending in the
southern district but did not seek permission from the court to withdraw from
any of the matters. He also didn’t tell his clients he was withdrawing as their
lawyer. He stipulated that he failed to take steps to avoid prejudice to his
clients.
In
mitigation, Wilson has no prior discipline record, cooperated with the bar and
tried to resign from practice when he was overwhelmed by work. He agreed to
make restitution totaling $32,600.
VINCENT
LEE GOODWIN [#158570], 54, of Mission Viejo was disbarred June 17, 2012, and
was ordered to comply with rule 9.20 of the California Rules of Court.
Goodwin
stipulated to 12 counts of misconduct in six matters.
He
received $175,500 on behalf of his client in a divorce matter but allowed the
balance in his client trust account to drop to $1,502.39. More than a year
later, he disbursed $100,059 to his client, but stipulated that he
misappropriated at least $98,557. He also admitted he failed to properly
maintain client funds or respond to his client’s status inquiries. Goodwin
ultimately repaid $100,059.73.
Although
he attempted to obtain a modification of child custody and visitation and
support orders in another case, he didn’t complete the work or return the
client’s file. Another case was dismissed when Goodwin didn’t provide discovery
responses. He also didn’t provide a divorce client’s file to her new attorney, and
he missed a hearing in another case in which a default judgment was issued against
his client. The judgment was set aside and the client hired a new lawyer.
Goodwin
filed a legal malpractice action for another client, but failed to appear at an order to show cause hearing
for failure to file a proof of service. He also did not respond to his client’s
numerous voicemail messages and emails. The client hired a new lawyer.
In
mitigation, Goodwin stipulated to disbarment, demonstrated remorse, has no
prior discipline record and suffered from severe health issues and depression.
He was unable to adequately supervise his trust account, but the
misappropriation did not involve intentional dishonesty. Goodwin tried to
organize and repair the damage to his practice and has reorganized his office.
JOHN
FRANKLIN MORKEN [#153979], 47, of Tiburon was disbarred June 17, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Morken
failed to comply with a 2008 disciplinary order that required him to
participate in the State Bar Lawyer Assistance Program for attorneys with
substance abuse or mental health issues. Although he enrolled in the program,
he voluntarily withdrew in 2011 and stipulated that he “has failed and refused to comply with any
of the conditions of his LAP participation agreement.”
The underlying
discipline was imposed for Morken’s failure to maintain client funds in trust,
commingling personal and client funds, misappropriating client funds and thus
committing an act of moral turpitude and for a conviction for battery. He was
publicly reproved in 2005 after a DUI conviction and was suspended the
following year for not submitting monthly blood or alcohol screening samples.
JOSEPH ARTHUR
BERNAL [#119448], 55, of Pasadena was disbarred June 21, 2012, and
was ordered to comply with rule 9.20 of the California Rules of Court.
Bernal
stipulated to four counts of misconduct while representing a client who hired
him to enforce a judgment in a post-dissolution matter. Six months after he was
hired, he had not initiated any court proceedings, which included removing the
ex-husband’s name from the title on the client’s house. He failed to file
anything for three years or respond to his client’s emails and letters. When
she hired a new lawyer, Bernal did not provide the client file for six months
and he did not promptly account for the client’s funds.
Although
she had paid an advance fee of $5,000, the new lawyer asked for a refund of
$3,665. Bernal claimed he had earned $4,176 and sent her a check for $824.
Bernal
stipulated that he failed to provide legal services competently, respond to a
client’s reasonable status inquiries, release a client file, account for client
funds or promptly provide a refund of unearned fees.
In
mitigation, Bernal stipulated to disbarment, is involved in numerous charitable
activities and suffered from depression as the result of the end of his
marriage. He had been disciplined three times. He was publicly reproved in
2003, placed on probation in 2006 for failing to meet probation conditions and
in 2011, he was suspended for failing to maintain client funds in trust or pay
out client funds promptly, and for committing acts of moral turpitude.
RICHARD
DAVID CORONA [#56795], 64, of El Cajon was disbarred June 21, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Corona
failed to comply with rule 9.20, as ordered in a 2007 discipline. Although he
filed a late affidavit stating that he notified his clients, opposing counsel
and other interested parties of his suspension, the affidavit was rejected. A
later affidavit was accepted. Failure to comply with rule 9.20 is grounds for
disbarment.
The
underlying discipline was imposed following Corona’s conviction for conspiring
to defraud the government by impeding the Internal Revenue Service, a felony.
In
mitigation, he cooperated with the bar by stipulating to disbarment.
HENRY
RICHARD GAXIOLA [#138498], 52, of Fontana was disbarred June 21, 2012, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Gaxiola
stipulated to 12 acts of misconduct in four matters, including misappropriating
almost $24,000 from one client and more than $42,000 from another.
In one of
those matters, he filed a lawsuit against an adult daycare facility for assault
on his client’s sister. The suit settled for $175,000 and although he should
have kept $51,576.24 in his client trust account for the special needs victim,
he used the money to pay third party loan processing fees, other clients’
judgments and settlements and for other personal uses. He allowed the balance
in the account to fall below $9,000. He deposited two personal checks in his
trust account to bring the balance to the required amount after the court
appointed a probate attorney.
He
stipulated that he failed to maintain client funds in trust, misappropriated at
least $42,699.39, committing acts of moral turpitude, and he commingled
personal and client funds.
In a
divorce case, he received $40,000 for his client as part of the proceeds from
the sale of the family home. Although he deposited the funds in a client trust
account and apparently made some court-ordered distributions, he
misappropriated $23,921. When the court ordered the distribution of that amount
to the opposing party and her attorney, he did not pay any money until after various
orders to show cause for contempt were issued. Gaxiola stipulated that he
failed to maintain client funds in trust, misappropriated client funds,
committing an act of moral turpitude, and he disobeyed a court order.
He failed
to perform legal services competently by not filing a motion to set aside his
client’s default in another matter, and did not provide the client’s file to a
new lawyer or refund any of a $2,500 advance fee.
He also
did not perform competently in another case in which his client won a judgment
of $12,000. Gaxiola did not prepare a statement of decision, as requested by
the court, nor did he respond to the opposing counsel’s offer to settle the
case for $6,000 and a dismissal of the action without a judgment. He didn’t
tell his client about the offer.
After he
provided a draft statement eight months late, the opposing counsel said the
delay was grounds for a mistrial. He later offered to settle for $5,000.
Gaxiola never responded and did not provide the terms of the offer to his client
in writing.
He
stipulated that he failed to communicate with his client or respond to
reasonable status requests.
Gaxiola
was privately reproved in 2006 and placed on two years probation in 2011 for
failing to perform legal services competently, return client files, promptly
refund unearned fees, communicate with clients or cooperate with the bar’s
investigation. In mitigation, he stipulated to disbarment.
MOHAMED FOUZI HAFFAR
[#235731], 33, of San Diego was disbarred June 21, 2012, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Haffar
stipulated to 36 counts of misconduct in nine loan modification cases. He
entered into an agreement with Michael Nazarinia, president of R.E.S.T. Report Matters Inc. (REST), a
group of non-lawyers who provide loan modification processing and
administrative support services. Haffar agreed to pay Nazarinia from the fees collected
from clients who signed up with Haffar after solicitation from REST employees.
Nazarinia and REST would provide the loan modification servicing to the
clients. Haffar stipulated that he formed a partnership with a non-lawyer.
In the
nine matters that resulted in admissions of wrongdoing, Haffar variously failed
to provide competent legal services or refund unearned fees, he improperly
solicited prospective clients with whom he had no family or prior professional relationship, he violated a state law that
prohibits payment of advance fees in loan modification matters, and he helped
non-lawyers engage in the unauthorized practice of law by allowing them to give
legal advice.
In a typical
matter, Haffar solicited the representation of a couple whom he said qualified
for a home loan modification; his office, he said, could get their monthly payment
lowered and obtain a 3 percent interest rate on their loan. The couple hired
him and paid an advance fee of $3,500. Haffar did not obtain a loan
modification and the clients demanded a refund. They were never able to speak
directly with Haffar, who allowed the non-attorney REST staff to give them
legal advice.
In mitigation,
Haffar cooperated with the bar’s investigation and agreed to disbarment without
a trial. Had he testified, he would have stated that he only started to
practice law in 2008 and found himself overwhelmed by loan modification
matters. He also had financial problems and as a condition of marrying his
wife, had to obtain Syrian citizenship, requiring extensive travel and
time-consuming appointments.
MOSES SHELDON
HALL [#153759], 56, of Fullerton was disbarred June
21, 2012, and was ordered to make restitution and comply with rule 9.20 of the
California Rules of Court.
Hall
stipulated to nine counts of misconduct in three loan modification matters. In
each case, he advised his clients to stop making mortgage payments and they
lost their homes to foreclosure. All the clients were current on their mortgage
payments when they hired Hall.
He
instructed one client, who paid him a flat fee of $3,495, to stop making payments on her mortgages
because lenders were only approving loan modifications on mortgages of
delinquent borrowers. Instead, he told her to send monthly payments that he
calculated at $779.42 — based on a presumed loan modification — and he would
hold the money in his client trust account. The client followed his advice and
her home was sold at foreclosure. Hall did not refund any of the $11,507.46 he
was supposed to hold in trust.
He
calculated monthly payments of $1,987.93
for another client, who also sent the money to him instead of her lender. Her
home also was sold in foreclosure and Hall misappropriated the $15,903.44 the
client gave him. That client also paid Hall a $3,000 fee.
A couple
who paid $1,500 of a flat fee gave Hall monthly payments he calculated at
$2,023.82; their house was sold at foreclosure. He misappropriated the $22,262.02 the couple gave him to hold in
trust.
Hall stipulated in
each matter that he failed to perform legal services competently or maintain
client funds in trust and he misappropriated client funds, committing acts of
moral turpitude.
Hall was
publicly reproved in 1993.
Caution! More than 200,000 attorneys are eligible to practice law in California. Many attorneys share the same names. All discipline reports are taken from State Bar Court documents and should be read carefully for names, ages, addresses and bar numbers. Read the
Discipline Key for an explanation of the different levels of disciplinary action. Use
Attorney Search to check an attorney's official bar membership record.