- ADAM MITCHELL LONDON
- RYAN MICHAEL HERRON
- SEAN GREG ERENSTOFT
- VON WALLACE ROBINSON
- RONALD CRAVER KLINE
- BRIAN LEO DAY
- JAMES JOSEPH BROWN III
- JAMES HADRIAN KLINKNER
- MICHAEL H. INMAN
- BRYANT KEITH CALLOWAY
- DAVID M. ROBINSON
- YU-EN TANG
- DAVID HENRY SOUTHWORTH
- WALTER JAMES ROBERTS IV
- THOMAS LEWIS SHELTON
- ERIC J. SIEGLER
- STEPHEN DOUGLAS SMITH
ADAM
MITCHELL LONDON [#150639], 47, of El Monte, was disbarred Aug. 21, 2011, and was ordered to
comply with rule 9.20 of the California Rules of Court.
The State Bar
Court review department found that London committed 14 counts of misconduct in
five matters, ranging from his failure to respond to a client’s
reasonable status inquiries to misappropriating $40,000.
In the most
serious matter, London, a criminal defense attorney, represented a client who
was convicted of 13 counts of tax-related offenses and sentenced to 24 months
imprisonment. After the court of appeal affirmed the conviction, he hired
London, paid him $12,500 to review his documents and provide a legal opinion.
He then hired London and paid him $100,000 to review the entire case.
London deposited
the funds in his client trust account which had a prior balance of $369.93. Two
days later, he transferred $10,000 from his trust account into his business
account, then moved the remaining $90,000 into his personal bank account, again
leaving a balance of $369.93.
While the
client was incarcerated, he and London signed an agreement in which the client
said he did not wish to pursue further appeals and London said he was not
retained to do so. The client later changed his mind, London filed a writ and
converted $40,000 of advanced attorney fees into a flat fee with no requirement
of providing an accounting. The writ was denied and the client later disputed
the fee and demanded a refund of $90,000 and the return of his file. London did
not respond.
The client
sued London for possession of personal property and unjust enrichment. The
matter settled for $20,000 and no admission of liability by London.
Although
London argued that he did not have to keep $40,000 in his trust account and
could withdraw the money whenever he wished, the court said the fee agreement
was clear: He was required to keep the money in his trust account until it was
earned. Instead, the review panel said, London withdrew $40,000 within seven
days without the client’s consent and without doing any work. The
misappropriation was an act of moral turpitude, and London also failed to
account for client funds or return the client’s file, the panel found.
In another
matter, it found that London did not respond to his client’s status inquiries
or refund an unearned fee. He also tried to represent a criminal defendant in
Arizona although he was not licensed in that jurisdiction. He associated with
local counsel but the client complained to the Arizona bar because London did
not disclose his status to her and paid another firm to represent her. He
collected an illegal fee and engaged in the unauthorized practice of law.
London also
practiced law while ineligible due to his failure to comply with MCLE
requirements, committing an act of moral turpitude.
Although the
review department gave London some mitigation for 14 years of discipline-free
practice, it also found that he failed “to acknowledge or understand that
his misappropriation of $40,000 from his CTA compromised his fiduciary duty to
protect (his client’s) funds. London has failed to realize the impact his
misconduct had on his clients,” wrote Judge JoAnn Remke. “His
failure to appreciate the wrongfulness of his actions and the extent of his
misconduct is particularly troubling.”
RYAN
MICHAEL HERRON [#175216], 44, of Irvine was disbarred Aug. 21, 2011, and was ordered to comply with rule 9.20 of the
California Rules of Court.
In a default
proceeding, the State Bar Court found that Herron failed to comply with rule
9.20 as required in a 2010 disciplinary order. He was placed on interim
suspension following a conviction for felony possession of a controlled
substance. He did not file with the bar court an affidavit stating that he
notified his clients, opposing counsel and other interested parties of his
suspension. Failure to comply with rule 9.20 is grounds for disbarment.
Herron also
was publicly reproved in 2010 following a conviction for driving on a suspended
license.
SEAN
GREG ERENSTOFT [#161898], 44, of Encino was summarily disbarred Aug. 21, 2011, and was ordered to comply with rule 9.20
of the California Rules of Court.
Erenstoft
pleaded no contest in 2010 to attempting to dissuade a witness. The crime is a
felony and because it involves “the specific intent to impede justice”
it also involves moral turpitude. It therefore meets the criteria for summary
disbarment.
VON
WALLACE ROBINSON [#176184], 47, of Corona was disbarred Aug. 26, 2011, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Robinson was
originally charged in six cases in 2006. Over the next four years, he twice
applied and was rejected for participation in the Alternative Discipline
Program, submitted and withdrew his resignation from the bar, and was
criminally convicted while another resignation application was pending. The
Supreme Court refused to accept his resignation.
In the matter
that resulted in his disbarment, he was charged with 30 counts of misconduct in
10 cases.
In a personal
injury matter, he represented one client in a claim for damages from an
automobile accident while at the same time representing the driver who caused
the accident. He stipulated that he charged an unconscionable fee by paying
himself more than 54 percent of a settlement, failed to pay his client’s
doctors, commingled funds in his trust account, did not account for client
funds and he misappropriated $4,000.
In another
matter, he failed to advise his client of a $10,000 settlement opportunity,
thus preventing the client from considering the possibility of settling
the case. Two clients’ actions were dismissed, Robinson continues to hold
$600 that he collected as an illegal fee, and he failed to refund unearned fees
of $1,793 to another client.
Robinson has
been disciplined twice previously, with a public reproval in 1995 for failing
to comply with a court order or cooperate with a bar investigation, and he was
suspended in 2006 for practicing law while ineligible due to unpaid membership
dues, failing to refund an unearned fee, charging an illegal fee and acquiring
an interest adverse to the client.
Although
Judge Donald Miles noted that Robinson stipulated to some misconduct and showed
some remorse, he recommended disbarment due to his ongoing disregard of his
professional responsibilities, continuing failures to respond to inquiries by
the bar and misconduct while he was on probation. “The evidence is clear,
convincing, and compelling that (Robinson’s) disbarment is both necessary
and appropriate in order to protect the public, the courts and the
profession,” Miles wrote.
RONALD
CRAVER KLINE [#58903], 71, of Irvine was disbarred Aug. 26, 2011, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Kline
stipulated to disbarment as a result of his 2005 conviction on four counts of
possession of child pornography. On his home computer, he had more than 100 images of nude, minor boys engaging in sexually explicit
conduct. Some of the children were under 12.
BRIAN
LEO DAY [#140451], 48, of Costa Mesa was disbarred Aug. 26, 2011, and was ordered to comply with rule 9.20 of the
California Rules of Court.
In a default
proceeding, the State Bar Court found that Day did not comply with a 2010
disciplinary order requiring him to fulfill the requirements of rule 9.20. He
did not submit to the court an affidavit stating that he notified his clients,
opposing counsel and other interested parties of his suspension. Failure to
comply with the rule is grounds for disbarment.
In the
underlying matter, in which he also defaulted, Day committed nine acts of
misconduct in two matters, including failures to perform legal services
competently, communicate with clients, return client files and cooperate with
the bar’s investigation.
JAMES
JOSEPH BROWN III [#169686], 56, of Long Beach was disbarred Aug. 26, 2011, and was ordered to
make restitution and comply with rule 9.20 of the California Rules of Court.
In his
fifth discipline since 1996, the State Bar Court found that Brown committed
five acts of misconduct in two matters.
In the
first matter, a civil lawsuit he filed was dismissed when he failed to appear
for trial after obtaining two continuances because he said his car had been
vandalized. Three times he asked to be relieved as counsel, claiming his client
was belligerent and dangerous and was stalking him. Judge Donald Miles did not
believe his claims and found that he failed to perform legal services
competently, violated a court order and improperly withdrew from
representation.
The
second case involved a client who wanted to pursue a possible breach of
contract against his former girlfriend as a result of a failed real estate
venture. The client paid Brown $2,500 and told him that a separate class action
suit already had been filed; Brown was instructed not to work on the class
action. The client eventually decided he did not wish to go forward, and asked
for an accounting of his fee and a refund.
He did
not respond and when the client complained to the State Bar, Brown suggested in
a letter that the client was not well mentally. He did not respond to the
specific charges, however, and Miles found that Brown failed to account for
client funds or return an unearned fee.
But Miles
seemed most bothered by Brown’s “considerable prior disciplinary
record . . . multiple acts of misconduct, client harm and lack of
remorse.”
In
recommending Brown’s disbarment, Miles wrote, “It is evident that
the four prior instances of discipline have not served to rehabilitate (him) or
to deter him from further misconduct.”
JAMES
HADRIAN KLINKNER [#197236], 38, of Alamo was disbarred Sept. 9, 2011, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
In a
default proceeding, the State Bar Court found that Klinkner committed four acts
of misconduct in a single matter, including client abandonment, failure to
refund an unearned fee or participate in a State Bar disciplinary investigation
and he committed acts of moral turpitude by lying to his client and to the bar.
A client
hired him for $200 to prepare and file a Qualified Domestic Relations Order
(QDRO) to divide the pension of her former husband. Klinkner then did no work
and did not return his client’s phone calls. When the client finally
reached him, Klinkner lied and told her that he was waiting for some paperwork
on her case. He then moved his office without notifying his client, who was
unable to reach him for a year. She demanded a refund of her fee and complained
to the bar.
When
contacted by a bar investigator, Klinkner falsely stated that he had never had
any communications with the client, that she in fact was not a client, and had
never hired him to perform any services on her behalf. He did not respond to
subsequent letters and after he moved his office again, told a bar investigator
he wasn’t sure he’d received an investigator’s letters. But
he again falsely stated that he’d never represented the client.
Klinkner
was disciplined in 2008 for failing to perform legal services competently,
communicate with clients or return a client file, and again in 2010 for failing
to comply with probation conditions attached to the first discipline. He
defaulted in the 2010 matter.
In
recommending Klinkner’s disbarment, Judge Lucy Armendariz said she was
troubled that he continued to commit misconduct while a previous discipline was
pending, indicating that the original discipline “had very little impact
on his behavior and strongly suggests that, for whatever reason, (Klinkner) is
either unwilling or unable to conform his conduct to the ethical norms of the
profession.”
MICHAEL
H. INMAN [#160042], 49, of Los Angeles was disbarred Sept. 9, 2011, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Inman
stipulated to eight counts of misconduct primarily related to misuse of his
client trust account, as well as admissions of moral turpitude as the result of
criminal convictions.
He
commingled personal and client funds in his trust account, which he used to pay
personal expenses, wrote checks against insufficient funds, committing acts of
moral turpitude, and he did not appear for a debtor’s examination after
his landlord won a small claims judgment against him.
In 2011,
Inman pleaded no contest to misdemeanor possession of a controlled substance
after he was caught trying to take amphetamine into the Santa Monica
Courthouse. The packet of drugs was hidden in his sock.
About
nine months after that incident, he was arrested again after a drug-sniffing
dog smelled drugs in a jail lock-up area where Inman waited to interview clients.
The dog found methamphetamine in Inman’s pocket and black tar heroin
concealed in a golf ball sized object on the floor of the room. The sheriff
obtained a search warrant for Inman’s home where detectives found two packages of heroin. Although he was charged with four felonies, Inman pleaded no
contest to attempting to bring drugs into a jail, a felony. The other counts
were dismissed as part of a plea bargain.
Inman was
disciplined in 1999 for failing to perform legal services competently or keep
his clients informed about significant developments in their cases. At the
time, he had a serious amphetamine and marijuana problem but said he’d
been sober since 1996.
In
mitigation, Inman signed up for the Lawyer Assistance Program, and he
stipulated to disbarment, avoiding a trial.
BRYANT
KEITH CALLOWAY [#140431], 49, of Foothill Ranch was disbarred Sept. 9, 2011, and was ordered to
comply with rule 9.20 of the California Rules of Court.
The State
Bar Court found that Calloway violated rule 9.20 by failing to submit an
affidavit to the court stating that he notified his clients, opposing counsel
and other pertinent parties of his suspension. He also failed to comply with
probation conditions by submitting three quarterly probation reports late.
Although
he was seriously ill, suffering from congestive heart failure, the court said
Calloway had not said he was unable to provide the quarterly reports.
He has
been disciplined four times previously, beginning with a public reproval in
1998 for failing to perform legal services competently or communicate with
clients. He also was suspended in 2000, 2006 and 2009. In mitigation, he
entered into an extensive stipulation and provided evidence of community
involvement.
Noting
that violating rule 9.20 alone is grounds for disbarment, Judge Donald Miles
also pointed out Calloway’s lengthy disciplinary history and his
“continued pattern of failing to comply with disciplinary orders.”
DAVID
M. ROBINSON [#175913], 44, of Los Angeles was disbarred Sept. 9, 2011, and was ordered to make restitution and to comply
with rule 9.20 of the California Rules of Court.
Robinson
stipulated that he misappropriated more than $265,000 and faced charges in 10
cases, including nine counts of moral turpitude, multiple client trust account
abuses, and at least three counts of the unauthorized practice of law.
In one
matter alone, he misappropriated $226,000 from his client that was to be
invested in real property. He received the funds and deposited them in an
interest-bearing account that was not a trust account, but subsequently allowed
the balance to fall to a negative amount. When the firm decided not to buy the
property in question, Robinson convinced it to look at other property and
claimed he was holding more than $230,000 for the firm. In fact, the balance in
the account over two months was
$71.34 and negative $19.99. When the company asked for the return of its funds, Robinson provided fabricated bank statements and a
fabricated wire transfer receipt indicating he’d returned the funds. No money has been returned.
He failed
to maintain settlement funds for other clients, instead misappropriating the
money. He wrote a check for $11,490.52 to one client but it bounced. Another
obtained a judgment against him for his failure to disburse settlement funds
but the judgment has not been satisfied.
In
addition, he failed to return client files, refund unearned fees or obey court
orders, and he collected illegal fees and repeatedly practiced law while
suspended without notifying his clients. He was placed on disciplinary
suspension in 2006 and again in 2007 for failing to pass the professional
responsibility exam. He was present at one hearing while suspended, but did not notify the court that he was there
when the judge asked about his whereabouts. His website also did not disclose
that he wasn’t entitled to practice.
According
to the stipulation, the 10 matters filed against Robinson “evidence a
pervasive pattern of misconduct and multiple acts of egregious wrongdoing which
in their totality merits disbarment.” He was ordered to make restitution
to eight clients.
YU-EN
TANG [#237050], 34, of Arcadia was disbarred Sept. 14, 2011, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Tang
pleaded no contest in 2008 to insurance fraud.
In
mitigation, she cooperated with the bar’s investigation, presented
evidence of her good character and went inactive in 2009 to raise her children.
DAVID
HENRY SOUTHWORTH [#91601], of San Francisco was disbarred Sept. 14, 2011, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Admitted
to the State Bar in 1980, Southworth was convicted of murder in Texas in 1982
and was sentenced to 20 years in prison. He was incarcerated from 1982 to 1988,
and was then on parole for 14 years.The bar did not become aware of his
conviction until 2010.
WALTER
JAMES ROBERTS IV [#225339], 48, of Rancho Cucamonga was disbarred Sept. 14, 2011,
and was ordered to comply with rule 9.20 of the California Rules of Court.
Roberts
failed to comply with rule 9.20, as required in a 2010 disciplinary order. He
submitted a late affidavit of compliance, but it was incomplete and although he
said he would file a supplemental declaration, he never did so.
Roberts
has been disciplined three times previously for misconduct that includes
failing to perform legal services competently, requiring a client to withdraw a
bar complaint in exchange for agreeing to represent her, disobeying a court
order and practicing law while suspended. He also committed acts of moral
turpitude.
THOMAS
LEWIS SHELTON [#209198], 62, of San Francisco was disbarred Sept. 14, 2011, and was ordered to
make restitution and comply with rule 9.20 of the California Rules of Court.
In a
default proceeding, the State Bar Court found that Shelton committed five acts
of misconduct in a matter involving an estate. His client administered the
estate, and together they sold a piece of property in Los Angeles. Shelton
collected a $112,341 fee from the proceeds without first obtaining the approval
of the court or the other beneficiaries of the estate. He therefore charged an
illegal fee. The fee also was far in excess of the statutory limit.
In
addition, at the time the property was sold, Shelton erroneously advised the
client that Shelton could collect funds out of the escrow for his attorney fees
and the client could collect $56,887.28 from the escrow for himself. As a
result, Shelton and the client signed escrow instructions that paid the client
$56,877.28 in estate funds. The court later ordered him to return the funds to
the estate. Shelton’s advice was not only erroneous, but self-interested,
because it resulted in him receiving $112,341.30.
The court
found that he took the fee without authorization and ordered him to submit a
petition deeming the fees were contingency. He never did so.
The bar
court found that he failed to perform legal services competently, collected an
illegal fee, violated a court order, committed acts of moral turpitude and
failed to participate in the bar’s investigation.
In
recommending Shelton’s disbarment, Judge Lucy Armendariz wrote,
“The serious and unexplained nature of the misconduct, the lack of
participation in these proceedings as well as the self-interest underlying
(Shelton’s) actions suggest that he is capable of future wrongdoing and
raise concerns about his ability or willingness to comply with his ethical
responsibilities to the public and to the State Bar.”
ERIC
J. SIEGLER [#179602], 43, of Temecula was
disbarred Sept. 14, 2011, and was ordered to make restitution and comply with
rule 9.20 of the California Rules of Court.
Siegler
misappropriated nearly $175,000 he was entrusted to hold for a client who was a
beneficiary of her deceased mother’s estate. The client and her sister,
who administered the estate, agreed the sister would pay the client $200,000 as her interest in a
piece of real property. The sister gave a $200,000 check to Siegler, who
deposited the money in his client trust account and gave $30,000 to his client.
He was required to maintain $170,000 in the account, but allowed the balance to
fall to just under $400.
Although he
replenished some funds and eventually paid his client about $26,000, he still
owes her more than $143,000.
He stipulated that
he failed to maintain client funds in trust and misappropriated $169,616.46 of
client money, committing an act of moral turpitude.
In mitigation,
Siegler cooperated with the bar’s investigation and had no prior
discipline record since his 1995 admission.
STEPHEN DOUGLAS
SMITH [#60028], 63, of Burke, Va., was disbarred Sept. 24, 2011, and was ordered to make restitution and to comply
with rule 9.20 of the California Rules of Court.
Smith
pleaded guilty in 2010 to two counts of felony possession of child pornography.
He was arrested in 2009 after his former internet service provider told police
Smith had uploaded a child pornography video in 2007. With his consent, the
officers examined his computer and found that numerous images of child
pornography had been deleted. They were later retrieved and included images of
children, from 8 to 12 years old, engaging in sexual acts.
Smith
cooperated with the bar’s investigation and had no prior discipline
record.
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