- JOHN PAUL GARCIA
- ROBERT DUANE GEORGE
- MARTIN GEORGE CRUMBLISH
- CHARLES COLIN COSSIO
- ROBERT MICHAEL WILLIAMS
- JAMES CHISHOLM ASHWORTH
- STEPHEN CURTIS DOWNEY
- CHERYL CARDOZA CAYCE
- JASON ROBERT WALSH
- SUSAN ANN MITCHELL
- GREGORY CHANDLER
- LOUIS F. DOYLE
- ROBERT EDWARD GLASSER
- MANVINDER GILL
- LISA RAE HAMMOND
- MIGUEL ANGEL CHACON
- DANIEL DUCHANIN
- DOUGLAS WILLIAM DAVIS
- LAWRENCE REX YOUNG
- KEVIN JOSEPH FRANK
- PATRICK JOHN CARTER
- DAVID G. FOX
- LAJETTA YVETTE WRIGHT
- DAVID CRAIG STELZER
- THOMAS ALAN STANLEY
- DENNIS JOHN SANCHEZ
- RAYMOND PAUL KATRINAK
- GEORGE A. JUAREZ
- ARTHUR EGBERT FISHER
- RANDALL JOHN BOBUS
- JOHN RANDALL FAITH
- GILBERT BRUCE FLEMING
- SYDNEY KEYTH ERICSON
- THOMAS VICTOR DILLON
- DUANE D’ROY DADE
- KAMRAN BEHNAM
JOHN PAUL GARCIA [#222210], 47, of Los Angeles was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect March 20, 2010.
Garcia stipulated to three counts of misconduct in two matters.
Garcia represented clients who came to a business called Centro Legal that was operated by a non-lawyer. Centro Legal was shut down by the State Bar for unauthorized legal practice.
Prior to the shutdown, Garcia represented a Centro client who had paid a fee of $1,000. At the time of a scheduled court appearance for that client, Centro owed Garcia $1,100 for unrelated matters. However, Garcia asked the client for an additional $500, which he paid, not knowing the money was to pay down Centro’s debt to Garcia. Garcia stipulated that he failed to perform legal services competently.
In a second matter, a client referred by Centro paid Garcia a $1,000 fee and he agreed to appear at a hearing. On the date of the hearing, Garcia was ill and did not appear. The court was closed that day and all hearings were continued. He never contacted the court or the client to ascertain the status of the matter and did not substitute in or do any legal work.
He stipulated that he failed to perform legal services competently or keep a client informed of developments in his case.
In mitigation, Garcia has no prior discipline record.
ROBERT DUANE GEORGE [#185306], 48, of Hermosa Beach was suspended for three years, stayed, actually suspended for 90 days and until he makes restitution and 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 of the California Rules of Court. The order took effect March 20, 2010.
In a default proceeding, the bar court found that George committed five acts of misconduct in one matter and failed to cooperate with the bar’s investigation.
He was hired to help a client administer her deceased husband’s trust. Although the client paid an advance $5,000 fee, he never returned numerous phone calls or met with the client. When she fired him, he didn’t refund or account for the unearned fee or return her file. Judge Donald Miles also found that George failed to perform legal services competently.
In mitigation, he practiced for 11 years without a discipline record.
MARTIN GEORGE CRUMBLISH [#49361], 70, of Santa Monica was suspended for one year, stayed, actually suspended for 90 days and was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect March 20, 2010.
Crumblish stipulated that he commingled personal and client funds in his client trust account. He deposited a check for more than $68,000 into the account, his portion of community property funds from his divorce. Prior to the deposit, the account held just over $20. Over the next 10 months, Crumblish wrote 19 checks to himself as periodic disbursements of his divorce settlement. He also wrote a check for $1,000 to a corporation of which he is president.
A few weeks later, the balance was down to $500 and he wrote a check against insufficient funds.
Crumblish was privately reproved in 2007 and currently is charged with failing to comply with probation conditions attached to the March order. In mitigation, no clients were harmed, he cooperated with the bar’s investigation and he demonstrated remorse.
CHARLES COLIN COSSIO [#167901], 44, of Alpine was suspended for three years, stayed, and placed on three years of probation with an actual two-year suspension and until he makes restitution and proves his rehabilitation. He was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect March 20, 2010.
Cossio stipulated to four acts of misconduct in a personal injury matter that he settled for $236,638. The client owed more than $27,000 in medical bills that he was required to maintain in trust. He also said he would try to negotiate reductions of two bills.
He did not do so in one case and eventually paid the full bill. He negotiated a reduction of another bill but because he didn’t pay on time, the reduction was lost. He failed to pay another doctor until he was made aware the bill was outstanding and he never paid a fourth doctor whom he cannot locate. He also allowed the balance of the trust account to fall below the required amount.
Cossio stipulated that he failed to perform legal services competently or maintain client funds in trust and he committed two acts of moral turpitude through gross negligence of his trust account. He delegated management of the account to his wife but failed to supervise her.
In mitigation, he has no prior discipline record, provided letters attesting to his good character and he cooperated with the bar’s investigation.
ROBERT MICHAEL WILLIAMS [#69540], 64, of Stockton was suspended for three years, stayed, placed on three years of probation with an actual 18-month 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 March 20, 2010.
The State Bar sought review of a hearing judge’s recommendation that Williams be suspended for 90 days for failing to promptly return $395 in unearned fees. The review panel increased the recommended discipline, citing Williams’ four previous disciplines as well as additional misconduct.
Williams was retained to represent a client in a DUI; the client brought his mother to a meeting with Williams and she paid a $395 fee. Within a few days, the client changed his mind about the representation and asked for his money back. Despite Williams’ efforts to ensure that the money was refunded, the check was not issued. The client’s mother called many times but never asked to speak to Williams and his employee did not tell him about the phone calls. The employee testified his did not want to trouble Williams, who was caring for his terminally father at the time. Williams later changed his telephone service provider without giving his old clients his new number and the client finally complained to the bar.
When notified of the complaint, Williams apologized, refunded the fee and provided an additional $95 in gift cards.
The review department found that he failed to communicate with his client and accepted compensation from a third party, in addition to failing to refund the unearned fee.
Williams was first disciplined in 1995 for misconduct in seven matters, was suspended for 30 days in 2005, disciplined again later the same year and in 2006 stipulated that he practiced law while suspended.
In mitigation, Williams was caring for his terminally ill father at the time of the misconduct, he did pro bono work, recognized his wrongdoing and he cooperated with the bar’s investigation.
Although the State Bar sought Williams’ disbarment, the review department’s three-judge panel opted instead for a lesser punishment. “We acknowledge that Williams’ disciplinary history and current misconduct reflect an ongoing problem with his ability to organize and manage his law office practice,” wrote Judge Judith Epstein. “However, we also recognize that while his earlier misconduct was serious, his current offenses are relatively minor and did not result in significant harm to his client.”
JAMES CHISHOLM ASHWORTH [#151272], 45, of Davis was suspended for two years, stayed, placed on three years of probation with an actual six-month suspension and he was ordered to take the MPRE within one year. He received credit for a period of inactive enrollment during 2006-07. The order took effect March 24, 2010.
After stipulating to misconduct, Ashworth was admitted to the Alternative Discipline Program for lawyers with substance abuse or mental health problems. He successfully completed the program and the discipline took effect.
He admitted that he failed to perform legal services competently, promptly refund unearned fees, maintain client funds in trust, account for client funds or communicate with his clients, and he misappropriated client funds, committing an act of moral turpitude, and practiced law while suspended.
Ashworth also was privately reproved in 1998.
STEPHEN CURTIS DOWNEY [#70689], 64, of Canoga Park was suspended for two years stayed, placed on two years of probation with an actual 150-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 March 24, 2010.
The State Bar Court determined that Downey committed an act of moral turpitude by verifying an unlawful detainer complaint for his clients, who he assumed were out of the county. In fact they were not. He also did not update his address with the bar.
Downey represents landlords in the Los Angeles area, maintaining a high volume practice mainly involving unlawful detainers. During eviction proceedings he was handling for landlords, he drafted an unlawful detainer complaint that had to be verified by the landlords. His attempts to contact his clients were unsuccessful, so he concluded they were away. He executed a verification that stated under penalty of perjury that the clients were not in Los Angeles County.
When he became aware of his mistake, he immediately notified his clients and had them sign a new verification. With their cooperation, he and the renter’s lawyer tried to reach a settlement. Downey eventually withdrew from the matter when his relationship with his clients deteriorated. They represented themselves in the unlawful detainer action.
Downey also moved his law office but didn’t update his records with the bar.
In mitigation, no clients were harmed, Downey cooperated with the bar’s investigation and he presented witnesses who testified about his good character.
He was disciplined in 1993 for failing to perform legal services competently and making misrepresentations.
CHERYL CARDOZA CAYCE [#127617], 53, of Tucson was suspended for one year, stayed, placed on two years of probation with a 90-day actual suspension and she was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect March 24, 2010.
Cayce was disciplined in Arizona in 2007 and her misconduct there violated nine California ethics rules.
While representing a client who wanted to be appointed her grandson’s guardian, Cayce filed a petition that contained material omissions and misstatements. She knew the child’s parents shared physical custody but did not read the divorce decree before preparing the pleadings.
The Arizona Supreme Court concluded that she neglected her duties to her client, failed to remedy misrepresentations made to the court and did not investigate the facts and circumstances of the situation.
JASON ROBERT WALSH [#158471], 43, of Riverside was suspended for two years, stayed, actually suspended for one year 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 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect March 24, 2010.
In a default proceeding, the State Bar Court found that Walsh violated 13 terms of a 2007 public reproval imposed following a conviction for driving under the influence with a prior. Among other things, he filed three quarterly probation reports late, failed to undergo a substance abuse evaluation or attend ethics school and he did not comply with addiction treatment conditions.
In mitigation, he has no prior discipline record and he cooperated with the bar’s investigation.
SUSAN ANN MITCHELL [#158640], 54, of Huntington Beach was suspended for three years, stayed, actually suspended for two years and until the State Bar Court grants a motion to terminate her suspension and 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 March 24, 2010.
In a default proceeding, the bar court found that Mitchell committed multiple acts of misconduct in two client matters and a trust account matter, including failing to deposit client funds in a trust account, avoid adverse interests or return client property, and she engaged in the unauthorized practice of law, charged an illegal fee, commingled funds and committed acts of moral turpitude.
While suspended in 2005, Mitchell continued to represent an existing client with matters arising from her special needs trust and other legal matters. She deposited the proceeds ($10,295.89) from the life insurance policy on the client’s son in a non-client trust account. Mitchell also collected fees for the work she did while suspended.
She also worked on, and billed for, a divorce case. The client paid $2,500 of a $3,500 nonrefundable retainer fee and as collateral for the balance, allowed Mitchell to hold a South African gold coin, a silver bar and a Joe DiMaggio baseball card. When he paid the balance and asked for the return of his property Mitchell did not give back the items. In fact, in a letter to the client’s new lawyer, she said she “cashed in” the coin and silver bar. She said she was keeping the baseball card until the client paid her fees. She billed him a total of $7,250 for legal work, all done while she was suspended.
Mitchell never put in writing the terms of taking a security interest in her client’s property and did not advise him to seek independent counsel. The client also did not consent in writing to the collateral arrangements with Mitchell, who eventually returned the baseball card.
Mitchell also wrote checks against insufficient funds in her client trust account to pay personal and/or business expenses.
She was privately reproved in 2005 for failing to perform legal services competently or cooperate with the bar’s investigation.
GREGORY CHANDLER [#158260], 53, of San Francisco was suspended for three years, stayed, actually suspended for two years and until he makes restitution, the State Bar Court grants a motion to terminate the suspension and 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 March 26, 2010.
In a default proceeding, the bar court found that Chandler committed 11 counts of professional misconduct in four matters, including failing to perform competently, communicate with a client, return unearned fees, render an accounting or avoid adverse interests and he made misrepresentations to the court, committing acts of moral turpitude, and engaged in the unauthorized practice of law.
In a personal injury case, Chandler continued to claim he represented a client who had terminated him. Without the former client’s authorization, he told a claims adjuster that the client, who had hired another lawyer, would settle her claim for an amount she never agreed to. The adjuster sent a release form to the client and said a check for that amount would be sent separately. Chandler also asserted a lien against any settlement.
In another matter, Chandler represented an Australian with Lawful Permanent Resident (LPR) status in the U.S. who was convicted of possession of a controlled substance. When he left the country and was not allowed to return, his mother hired Chandler, paying him a $1,000 fee. Because Chandler did not obtain any documentation about the client’s conviction, he did not present any evidence at a Department of Homeland Security hearing. Removal proceedings were ordered, but Chandler did not inform either the client or his mother.
The client was ordered deported, in part because he did not appear at a hearing. Although Chandler knew his appearance was required, he didn’t notify the client. Instead, he told the court he did not know his client’s whereabouts. He also didn’t tell the client the deportation was ordered and claimed there would be more hearings. He later falsely told the client the judge instructed him to file a motion to re-open the case. Although he paid the filing fee provided by the mother, he never filed a motion to re-open.
A new lawyer won a motion to re-open on the grounds that Chandler provided ineffective assistance of counsel. The immigration court found that Chandler made “fraudulent and deceptive” misrepresentations and cancelled the removal proceedings.
Another client whose immigration status was based on her marriage was served with divorce papers by her husband. Because she wished to stay in the U.S., she hired Chandler to handle both the divorce and her immigration status, paying him a total of $8,500. Chandler filed a response to the dissolution papers but did no further work and he incorrectly filed an immigration petition before the divorce was final. As a result, the client was asked to surrender her alien registration card. Chandler refused to rectify the situation without further payment and did not account for his client’s fee or refund any money to her.
In the final matter, he handled a wrongful death matter, holding himself out as an attorney when he was suspended. He committed acts of moral turpitude by misrepresenting his status to his client and to the court.
LOUIS F. DOYLE [#79977], 61, of San Martin was suspended for one year, stayed, placed on four years of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect March 26, 2010.
Doyle stipulated to three counts of misconduct stemming from his representation of a client who had hired a non-attorney business, Investors Recovery Services Inc. (IRSI), to bring an action against a brokerage company. Doyle signed on with IRSI to handle an arbitration.
After the client was awarded $20,000 in compensatory damages, she disputed Doyle’s proposed distribution of the funds, asked that he return the money to the defendant’s counsel and dismissed Doyle. He disregarded her directives and gave the money to IRSI. IRSI provided his share of the settlement money, but the client did not receive any funds for three years, when she received partial payment.
Doyle stipulated that he breached his fiduciary duty to the client by distributing the settlement funds against her instructions and withdrawing client funds from a trust account before a dispute was settled. He also shared fees with a non-lawyer and misappropriated client funds, committing an act of moral turpitude.
In mitigation, Doyle has no prior discipline record and he demonstrated remorse.
ROBERT EDWARD GLASSER [#47291], 66, of Newport Beach was suspended for three years, stayed, and placed on three years of probation with an actual one-year suspension. The order took effect March 26, 2010.
Glasser successfully completed the Alternative Discipline Program for attorneys with substance abuse or mental health issues. He stipulated that he misused his client trust account. He did not maintain in trust the funds received on behalf of his client, he misappropriated at least $1,939, committing an act of moral turpitude, and he wrote a check against insufficient funds.
He has been disciplined twice previously — in 2000 for collecting an illegal fee and in 2003 for failing to maintain client funds in trust or maintain written ledgers of client funds, and for paying himself more funds from his trust account than he was entitled to.
In mitigation, he cooperated with the bar’s investigation and he had family problems at the time of the misconduct.
MANVINDER GILL [#194519], 50, of Los Angeles was suspended for two years, stayed, with an actual 90-day 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 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect March 26, 2010.
In a default proceeding, the bar court found that Gill committed four acts of misconduct in a personal injury matter. The insurance carrier did not respond to Gill’s settlement demand but he did not tell the client. He also did not advise the client that the statute of limitations on the claim expired.
The bar court found that Gill failed to perform legal services competently or communicate with his client and he improperly withdrew from the case.
He was disciplined in 2004 for failing to perform legal services competently.
LISA RAE HAMMOND [#219196], 45, of White House, Tenn., was suspended for two years, 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 March 26, 2010.
In a default proceeding, the State Bar Court found that Hammond committed seven counts of misconduct in two matters.
In a personal injury case she took on a contingency fee basis, the client never heard from Hammond after she was hired. She did not file a complaint or respond to phone calls.
In a second personal injury matter, the client had suffered a stroke and his wife explained to Hammond the circumstances of the injury for which she was to represent him. Two weeks after the hiring, the couple met with Hammond, who falsely stated she had filed a claim. In fact, she performed no work for the clients, who were unable to contact her despite multiple phone calls.
The court found that Hammond failed to perform legal services competently, communicate with clients or cooperate with the bar’s investigation and she committed an act of moral turpitude by telling the stroke victim she had filed a claim on his behalf.
The probation of MIGUEL ANGEL CHACON [#99469], 57, of San Jose was revoked and he was suspended for two years and was ordered to prove his rehabilitation and comply with rule 9.20 of the California Rules of Court. He receives credit for a period of involuntary inactive enrollment that began Nov. 21, 2009. The order took effect March 28, 2010.
Chacon stipulated to misconduct in 2008 but failed to comply with probation conditions attached to the disciplinary order. He did not submit a law office management plan on time or state in quarterly reports that he had complied with the terms of the plan and put all client fee agreements in writing.
In the underlying matter, Chacon stipulated to similar violations of the terms of a public reproval. It was imposed in 2006 for failing to perform legal services competently, return client files, refund unearned fees or cooperate with the bar’s investigation.
DANIEL DUCHANIN [#189983], 47, of Oklahoma City was suspended for two years, stayed, placed on two 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 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect April 10, 2010.
The State Bar Court found that Duchanin committed 16 acts of misconduct in five cases. He was responsible for supervising several attorneys who worked for him as independent contractors. His firm had established procedures for following up on cases assigned to its lawyers.
In one matter, for instance, he handed off a divorce case to a contract lawyer after originally handling it himself. When the client filed for bankruptcy, the contract lawyer filed a notice to stay the divorce. However, the court went ahead with a hearing, but neither Duchanin nor the other lawyer appeared. The trial was continued, but the client was not informed of the new date. He signed a substitution of attorney form at Duchanin’s request.
Duchanin did not return the client’s file until after the court ruled on child support and attorney’s fees. The client had to hire a new lawyer.
Duchanin assigned another divorce case to a contract lawyer and after the family residence was sold, the client was to receive $10,000 of the proceeds. According to a stipulation filed with the court, the remaining proceeds were to be placed in a separate interest-bearing trust account by the contract lawyer and be subject to disposition by the court. No withdrawal was to be made without approval by the parties and the court.
Two weeks after the stipulation was filed, Duchanin directed that $185,406 from the sale of the house be transferred to his trust account. Contrary to the stipulation, the account was not identified as belonging to the client and it did not segregate her funds.
The court accepted a subsequent stipulation regarding payment of community debts and made it an order. Checks totaling $48,652 were issued from the trust account for community debts. When a new lawyer substituted in, Duchanin said he maintained $134,254.11 in his trust account and that the client owed $9,214.69 for services rendered. He proposed to the new lawyer that the parties execute a stipulation to release the firm from the responsibility of maintaining the funds in trust and to payment of the $9,214.69.
The court ordered that all funds held for the divorcing couple be deposited in an account held by the husband’s lawyer. Duchanin did not do so for two months. His client did not earn interest on her entrusted funds, which were placed in an IOLTA trust account rather than one segregated for her benefit, as ordered by the court.
State Bar Court Judge Richard Honn found that Duchanin failed to perform legal services competently, communicate with clients, return files, refund unearned fees or account for fees and he abandoned a client, disobeyed a court order and commingled funds.
In mitigation, Duchanin practiced for eight years without a discipline record and he cooperated with the bar’s investigation.
DOUGLAS WILLIAM DAVIS [#132620], 51, of Malibu was suspended for two years, stayed, placed on three years of probation and was ordered to take the MPRE within one year. The order took effect April 10, 2010.
Davis did not comply with the terms of a 2006 disciplinary order: he filed four quarterly reports late and he did not make full restitution payments.
In the underlying discipline, Davis was suspended for committing four acts of misconduct while representing a client in a breach of contract and discrimination action against a former employer. He also was privately reproved in 2003 for abandoning a client and not returning phone calls.
In mitigation, no clients were harmed, Davis cooperated with the bar’s investigation and he made an initial payment on the interest he owes to a physician.
LAWRENCE REX YOUNG [#38323], 71, of Downey was suspended for one year, stayed, placed on three years of probation with an actual 30-day suspension and he was ordered to take the MPRE within a year. The order took effect April 10, 2010.
Young, a criminal defense attorney who primarily handles murder cases, pleaded no contest to misdemeanor driving under the influence in 2008. At the time, he represented “a very trying defendant in a particularly stressful and contentious murder trial,” according to State Bar Court Judge Donald Miles. The client pretended to be mentally retarded, had to be put in shackles during the trial and on the day in question, pulled a razor out of his hair and slashed his wrists.
Young had too much to drink at dinner that night and was arrested with a .14 blood alcohol content. The incident was his third DUI, the others in 1989 and 1999. He also was disciplined three times between 1989-1993. He was convicted in 1986 for being an accessory to a felony after the fact. He allowed a fugitive wanted for a violent felony to evade prosecution, although the Supreme Court found that he intended to convince his client to surrender, not flee.
In 1991, he was suspended and placed on probation for failing to perform legal services competently or promptly pay out client funds and he misappropriated $750 in settlement funds. He was disciplined in 1993 for failing to perform legal services.
Young presented “compelling mitigation,” Miles said, including testimony from two Los Angeles County superior court judges, one who presided over the murder trial in question. Neither judge is a personal friend and both described Young as “a very talented, very hard working and committed criminal defense attorney.” Both urged that he be permitted to continue to practice.
KEVIN JOSEPH FRANK [#119102], 52, of Inglewood was suspended for three years, stayed, placed on four years of probation with an actual two-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 April 10, 2010.
Frank stipulated that in a trust matter, he committed seven acts of misconduct. He failed to account for the trust’s assets, committed acts of moral turpitude by breaching his fiduciary duties, he paid himself $8,200 in fees without court approval and he resigned as successor trustee without telling the court or the beneficiaries.
Under the Probate Code, Frank was required to keep trust property separate but he did not maintain a separate trust account for its assets. He distributed funds from his trust account for non-trust-related purposes and issued checks against insufficient funds in the trust.
One of the beneficiaries hired another lawyer to represent her in legal issues arising from the trust. She demanded an accounting and a disbursement of all funds and property owed to her. Frank did not respond nor did he appear at subsequent court hearings, including a contempt hearing where the court issued a bench warrant against him.
Although he prepared an accounting, he never filed it with the court, which granted default judgments to the trust’s beneficiaries.
Frank was disciplined twice previously but avoided disbarment by presenting sufficiently compelling mitigation: he undertook the case against his better judgment because of familial obligations. He also was suffering from alcoholism and was going through a divorce.
He was suspended in 2001 for mishandling a civil matter and in 2003 after stipulating to five counts of misconduct in a race discrimination case he filed.
PATRICK JOHN CARTER [#60763], 62, of Aptos was suspended for 30 days. The order took effect April 10, 2010.
Carter stipulated that he did not comply with rule 9.20 of the California Rules of Court as required in a 2009 disciplinary order. He had moved but did not notify the State Bar of his new address and did not receive correspondence from the bar. Once Carter’s lawyer notified him of the Supreme Court’s order, he filed the required compliance declaration.
In the underlying matter, he admitted he commingled personal and client funds in his client trust account.
In mitigation, he cooperated with the bar’s investigation.
The probation of DAVID G. FOX [#61158], 62, of Sacramento was revoked, he was suspended for one year and ordered to comply with rule 9.20 of the California Rules of Court. He receives credit for a period of involuntary inactive enrollment that began Dec. 13, 2009. The order took effect April 14, 2010.
Fox violated the probation requirements of a 2008 disciplinary order by not submitting his first six quarterly reports or providing proof of attendance at ethics school.
In the underlying default matter, Fox did not update his membership records address or cooperate with the bar’s investigation.
LAJETTA YVETTE WRIGHT [#207506], 43, of Corona was suspended for three years, stayed, placed on three years of probation with an actual one-year suspension and was ordered to take the MPRE within one year. Credit was given for a one-year period of inactive enrollment in 2007-08. The order took effect Oct. 21, 2010.
Wright successfully completed the Alternative Discipline Program (ADP) for attorneys with substance abuse or mental health issues. She stipulated that in one matter, she committed two acts of moral turpitude by misappropriating at least $26,417.69 of an organization’s funds and lying about her actions.
Wright was treasurer of the Black Women Lawyers of Los Angeles (BWL) and during five months in 2004, she wrote at least 14 unauthorized checks either to cash or payable to herself totaling $26,417.69. When questioned about the money, she falsely said holds had been placed on some of the checks written from the account, which then caused the checks to bounced.
Several days later, she variously admitted to taking $5,000, $10,700 and $12,000. Her admissions were false. She also altered check numbers in a Quicken software program so her treasurer’s report would not reveal that she had taken BWL’s funds.
In mitigation, she has no prior disciplinary record, cooperated with the bar’s investigation, made restitution, suffered severe financial stress and had family problems.
DAVID CRAIG STELZER [#189836], 39, 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 Oct. 21, 2010.
Stelzer successfully completed the Alternative Discipline Program (ADP) for attorneys with substance abuse or mental health issues. He stipulated that he failed to properly maintain funds in his client trust account, commingled funds in the account and committed an act of moral turpitude by misappropriating at least $3,000 of client funds.
He had deposited a check for about $5,000 from an insurance company for his client in his trust account and took $2,000 for his fees. However, before paying his client’s doctors, he allowed the balance to fall to $36.83.
He also wrote a check against insufficient funds in the trust account, deposited more than $7,800 of his own money into the account and wrote checks for office and personal expenses.
In mitigation, he has no prior discipline record and cooperated with the bar’s investigation.
THOMAS ALAN STANLEY [#45990], 67, of Encino was suspended for two years, stayed, placed on five years of probation with a four-month actual suspension and until he makes restitution to seven clients and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Oct. 21, 2010.
Stanley successfully completed the Alternative Discipline Program (ADP) for attorneys with substance abuse or mental health issues. He admitted to extensive misconduct in multiple separate client matters, including numerous acts of moral turpitude and making financial arrangements with non-lawyers. Other misconduct included failures to competently perform legal services (26 matters), promptly release client file, (six matters), refund unearned fees (18 matters), account for client funds (12 matters) or communicate with clients (16 matters) and he improperly withdrew from employment in 14 matters.
Stanley’s problems stemmed from his affiliation with American Justice Publications, Inc. (AJP) and Professional Accounts Service Corporation (PAS), which do business together in Woodland Hills. Both are incorporated in Nevada, but only AJP is registered with the California Secretary of State. In addition, a disbarred lawyer acts as the secretary for both companies.
Stanley entered into a contract with AJP for various services, including phone, paralegal, advertising and accounting services for which he was charged $15,080 per month. All fees were to be collected by PAS and deposited into a bank account over which Stanley had no control. Over the course of the contract, Stanley was paid a 30 percent split of all fees collected from his clients. He also advertised in AJP’s magazine, which was distributed to jail and prison inmates. AJP and PAS screened telephone calls from prospective clients, accepted advanced attorneys’ fees, obtained signed promissory notes on Stanley’s behalf and negotiated and signed fee agreements.
In eight matters, for example, he was hired to file criminal appeals before the Ninth Circuit, but he failed to file opening briefs and was sanctioned for disobeying court orders. Most of the appeals were dismissed for failure to prosecute and several clients were advised to seek new counsel.
He also was retained by jailed inmates facing criminal charges, but he abandoned most of those clients, didn’t return phone calls, their files or unearned fees and he did not perform legal services competently.
In mitigation, Stanley had no discipline record in more than 28 years of practice, he cooperated with the bar’s investigation and submitted letters attesting to his good character.
DENNIS JOHN SANCHEZ [#128900], 51, of Los Angeles was suspended for four years, stayed, placed on five years of probation with an actual six-month suspension and he was ordered to take the MPRE within one year. The order took effect Oct. 21, 2010.
Sanchez successfully completed the Alternative Discipline Program (ADP) for attorneys with substance abuse or mental health issues. An immigration lawyer who provided services to several Korean churches as well as individual church members who applied for religious worker visas, Sanchez stipulated that he mishandled his client trust account and misappropriated funds. For one year, he repeatedly wrote checks against insufficient funds in the account. Each time his bank notified him that the balance in his client trust account dropped below zero, Sanchez deposited cash or a check drawn on his general account to cover any balances owed. In total, he admitted 22 acts of misconduct.
In addition, he did not comply with conditions attached to a 2005 public reproval imposed for failing to perform legal services competently.
In mitigation, he cooperated with the bar’s investigation and he suffered from extreme difficulties in his personal life.
RAYMOND PAUL KATRINAK [#164057], 47, of Beverly Hills 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 Oct. 21, 2010.
Katrinak stipulated that he committed five acts of misconduct in two matters. As an associate in a law firm, he failed to release the file of a doctor who hired to firm to help dissolve a partnership. The doctor fired Katrinak, but Katrinak did not provide the file to the client’s new lawyer for five months.
In a civil dispute involving residential property, Katrinak’s clients paid his law firm a $10,000 advance fee. Several months later, he left the firm and the clients asked him to continue to work on their matter. His former firm issued a check to Katrinak from its client trust account for $7,512.75, the balance of the advanced fee.
When he did not respond to phone calls or e-mails, the client asked for his file. However, the client did not fire Katrinak or hire another lawyer. Eight months later, after not communicating with the clients for more than a year, Katrinak filed a lawsuit, but did not serve the defendants or pursue the case and it was dismissed. He never refunded any of the advance fee. In addition, he stipulated that he failed to perform legal services competently, respond to clients’ reasonable inquiries or keep them informed of developments in their case.
In mitigation, Katrinak cooperated with the bar’s investigation.
GEORGE A. JUAREZ [#75295], 61, of Lafayette 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 Oct. 21, 2010.
Juarez violated three of six conditions attached to a public reproval imposed in 2008 for his failure to communicate with clients and keep them apprised of developments in their cases. He had failed to appear at two scheduled meetings with a client to update the client about her case.
He did not meet with the bar’s probation department, submit four quarterly probation reports or the final report, nor did he attend ethics school.
In mitigation, he had multiple emotional and physical difficulties, cooperated with the bar’s investigation, demonstrated remorse and provided extensive community and pro bono services.
ARTHUR EGBERT FISHER [#91650], 56, of Ketchum, Idaho, was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within a year. The order took effect Oct. 21, 2010.
Fisher successfully completed the Alternative Discipline Program (ADP) for attorneys with substance abuse or mental health issues. He stipulated that he had practiced law while suspended and committed acts of dishonesty by making misrepresentations.
Fisher was suspended in 2003 for not paying bar dues and again in 2004 for non-compliance with MCLE requirements. He filed court papers while suspended and when the opposing counsel notified the court of Fisher’s status, he said it was the result of a misunderstanding between him and the bar’s MCLE office. “I would not have attempted this representation had I not considered the situation resolved,” he wrote in a letter to the court.
About a week earlier, Fisher signed an MCLE compliance card certifying that he had completed his requirements. In fact, after the court incident, he sent a letter that included proof that he completed his requirement after he appeared in court. He stipulated that he made misrepresentations to both the court and the bar.
In mitigation, Fisher had no prior discipline record, cooperated with the bar’s investigation, had physical, financial and family problems and he provided letters attesting to his good character. Among other problems, he was hit by a car, suffered a significant brain injury and spent several years on disability.
RANDALL JOHN BOBUS [#75867], 59, of Santa Rosa was suspended for one year, stayed, placed on three years of probation with an actual six-month 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 Oct. 21, 2010.
Bobus was terminated from the Alternative Discipline Program following an arrest for driving under the influence. He had earlier stipulated to two DUI arrests.
In addition, he stipulated that while representing a client in a family law matter, he failed to perform legal services competently, respond to his client’s inquiries, account for client funds or return a file, and he took fees from the client’s settlement funds without the knowledge of a chiropractic office that held a lien against any recovery in the case. He also admitted that he committed acts of moral turpitude by making misleading statements to a client and a hospital that treated the client, falsifying his client’s signature on a settlement draft.
Bobus was suspended in 1990 and was privately reproved in 1986. In mitigation, he cooperated with the bar’s investigation.
JOHN RANDALL FAITH [#50474], 64, of Covina was suspended for two years, stayed, actually suspended for six months 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 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Oct. 28, 2010.
In a default proceeding, the bar court found that Faith committed seven acts of misconduct in three matters.
In 2000, Faith was hired to handle various business matters for a client and his company. When the client died, his son hired Faith to handle the probate matter. Although he filed a petition to probate the will and a petition to administer the estate, he did no further work and the son never was able to contact him.
Faith also wrote checks against insufficient funds in his client trust account, committing acts of moral turpitude, and he did not respond to a bar investigator’s inquiries about another client’s complaints.
State Bar Court Judge Donald Miles found that Faith abandoned a client, failed to release a client’s file, respond to client inquiries or cooperate with the bar’s investigations and he committed acts of moral turpitude.
In mitigation, he has no prior discipline record.
GILBERT BRUCE FLEMING [#160509], 52, of Fresno was suspended for two years, 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 Oct. 28, 2010.
Fleming stipulated that he committed an act of moral turpitude by inducing his wife to sign a certification as a witness and to falsely attest that she had seen a client place an “X” on a document in lieu of a signature.
Fleming represented an elderly woman who was in poor health and unable to physically sign her name. He was hired by the woman’s children to draft a special needs trust and help the woman obtain Medi-Cal benefits. The woman placed an X on the signature line of a power of attorney document. Fleming notarized the document and attached a false certification that he and his wife signed, saying they witnessed the client write the X.
In mitigation, Fleming has no prior discipline record, he cooperated with the bar’s investigation and displayed remorse and the client was not harmed. Fleming contends he acted in order to expedite his client’s receipt of Medi-Cal benefits.
SYDNEY KEYTH ERICSON [#50457], 68, of Brea was suspended for two years, stayed, actually suspended for 90 days 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 of the California Rules of Court. If the suspension exceeds two years, he must prove his rehabilitation. The order took effect Oct. 28, 2010.
In a default proceeding, the bar court found that Ericson committed three acts of misconduct in a divorce case. After he filed a petition for his client, the parties entered into a written stipulation regarding custody, child support and visitation. The proceedings were not complete at that point.
Some time later, the client attempted to reconcile with her husband and asked Ericson to place her case on hold. She later indicated she wished to proceed, but Ericson did not return her calls or complete the divorce. The woman hired a new lawyer, but was unable to get her file or a refund of her advance $5,000 fee.
Ericson failed to respond to his client’s reasonable status inquiries, release her file or account for client funds.
He also was disciplined in 2008 for having a financial interest in a client’s property.
THOMAS VICTOR DILLON [#236380], 43, of Bakersfield 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 Oct. 28, 2010.
Dillon stipulated to seven counts of misconduct in two matters.
In an immigration case, he did not provide his client’s file to a new lawyer. Although he filed a citizenship petition for his client, it was denied. Dillon was given time to provide additional materials but did not do so. The client hired a new lawyer, who requested the file, copies of correspondence and originals of documents provided by the client. Time was of the essence since the client was unable to re-enter the U.S. to attend to his business matters. Dillon did not provide the file to the new lawyer.
In a second immigration matter, Dillon was hired to obtain a work permit and, based on her marriage, citizenship for a client. After paying Dillon more than $3,000, the client told him she was a victim of domestic violence. He advised that she still had a case and filed a petition for asylum based upon spousal abuse.
The Department of Homeland Security asked for additional information and when he provided nothing further, the petition was denied. The client had difficulty reaching Dillon, who left his firm without telling her. She fired him and asked that her file be returned but he did not do so.
He stipulated that he failed to perform legal services competently, respond to his client’s reasonable status inquiries, apprise his client of developments in her case, return her file, refund unearned fees or take steps to protect her interests when he withdrew from employment.
In mitigation, he cooperated with the bar’s investigation.
DUANE D’ROY DADE [#140379], 52, of Rancho Cucamonga was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he makes restitution and 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 Oct. 28, 2010.
Dade stipulated to six counts of misconduct in two matters.
He settled a personal injury case, deposited a settlement check for $4,922 in his client trust account, and although he disbursed his client’s share of the money, he allowed the balance in the account to fall below the funds he was required to keep to pay the client’s doctors.
The client’s family was unable to contact Dade, whose phone was disconnected without a forwarding number. He eventually satisfied the doctor bills after a relative obtained a reduction, but did not pay any remaining funds to the client. He admitted he misappropriated about $1,700 from the settlement funds, committing an act of moral turpitude, and he failed to maintain client funds in trust, pay out client funds or perform competent legal services.
In a matter involving a property dispute, Dade’s client and the opposing party agreed to list the property in order to salvage any remaining equity and authorized an escrow company to transfer equal amounts from the sale to the trust accounts of Dade and the opposing counsel.
Dade disbursed his client’s share of the money, which he was required to keep in his client trust account, to the client in four payments without notifying the other party. The client eventually fired Dade.
The other party sued and won a judgment to recover half the sale proceeds Dade was supposed to have in his trust account. Dade never turned over the funds.
He stipulated that he improperly disbursed disputed funds and took some of the money for his personal use, committing acts of moral turpitude, and he failed to perform competent legal services.
In mitigation, Dade cooperated with the bar’s investigation, was suffering from the effects of depression and alcoholism at the time of the misconduct and presented evidence of his good character. He was suspended in 1995 and another disciplinary recommendation that he be suspended for two years was pending at the time of the stipulation.
KAMRAN BEHNAM [#191986], 52, of Encino was suspended for two years, stayed, placed on three years of probation with a five-month actual 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 Oct. 29, 2010.
Behnam stipulated that the facts surrounding his no contest plea to misdemeanor insurance fraud involved moral turpitude. He received two personal injury referrals from an auto body shop owner engaged in an insurance fraud scheme. Although he was not knowingly involved in creating the scheme, Behnam instructed two undercover police officers to lie to an insurance adjuster about an accident in which their car purportedly had been damaged. He offered the officers $500 for additional referrals and admitted he paid the auto body shop owner $1,000 for one referral and $500 for another.
Although he was charged with felony insurance fraud, Behnam accepted a plea bargain as a result of his cooperation with the authorities.
In mitigation, he cooperated with the bar’s investigation, expressed remorse and provided evidence of his good character and proof of subsequent rehabilitation.
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