- JAMES FRIEND JORDAN
- GREGORY JOHN KHOUGAZ
- JEFFREY S. MINTZ
- RICHARD JAMES SALAS
- ANDREW HAN
- KENNETH EUGENE KNOBLOCK
- ERIC GWYNN LUNDBERG
- DRAGO CAMPA
- VICKI CARLTON TERRY
- MICHAEL JOHANN SCHUNK
JAMES FRIEND
JORDAN [#74606], 61, of Palm Desert was disbarred July 28, 2011, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
A State Bar
Court review panel upheld a hearing judge’s recommendation that Jordan be
disbarred, rejecting all his claims on appeal. It found that he misappropriated
more than $200,000 of his client’s settlement funds and he failed to
account for his client’s funds, maintain those funds in trust or release
the file to a new lawyer.
The client, who
had worked as a tractor driver and was retired, was nearly killed in an
automobile accident and required extensive hospital treatment and convalescence
for brain and head injuries. He settled his claim for damages for $739,043.72,
an amount Jordan deposited in his client trust account. Jordan gave the client
$238,507.81 as his share and was required to maintain $254,188 in the account
for medical expenses after taking his fees. Instead, he gradually depleted the
account, leaving only $9,041. His last withdrawal – of $5,000 – was
made two days after the bar filed disciplinary charges against him.
The
client’s doctors sued him for $274,304 they believed was available to
settle his medical bills. Jordan filed a cross-complaint. The client eventually
fired Jordan and hired a new lawyer, who had to seek a court order to
substitute into the case. Despite repeated requests, Jordan did not send the
file to the new lawyer or account for client funds. The medical providers
agreed to accept $162,000 of any funds recovered from Jordan, but they ultimately
received nothing.
Jordan was
disciplined three times previously; two of the three matters included failures
to properly pay out trust funds to or on behalf of clients. “We thus find
a recurring and most troublesome theme of misconduct,” wrote the
three-judge review panel. “Additionally, we are presented with the
aggravating factors of harm to a seriously injured client of modest education
coupled with Jordan’s clear indifference to rectification and lack of
understanding of an attorney’s most basic ethical duties to a
client.”
GREGORY JOHN
KHOUGAZ [#107530], 55, of Los Angeles was disbarred July 28, 2011, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Khougaz
stipulated that he failed to comply with a rule 9.20 requirement that he submit
an affidavit to the State Bar Court stating that he notified his clients,
opposing counsel and other pertinent parties of his suspension from practice.
He submitted an affidavit late, but it was rejected as untimely and defective.
He later filed another affidavit in which he made false statements. The
misrepresentations amounted to moral turpitude.
He also
practiced law while suspended and falsely told the court he was entitled to
practice, another act of moral turpitude.
And in a third
matter, he handled a case and collected illegal fees while he was suspended. In
addition, he made misrepresentations about his status, an act of moral
turpitude, and failed to cooperate with the bar’s investigation.
Khougaz has a
record of three prior disciplines. In mitigation, he suffered a serious ski
injury that resulted in prolonged recuperation and multiple surgeries. However,
he stipulated that despite the “distraction associated with this
unfortunate and disabling injury . . . it does nothing to excuse the repeated
indifference” Khougaz demonstrated toward his legal obligations. He was
able to “fully engage in the unfettered practice of law,” according
to the stipulation, and “the injury does nothing to exonerate or excuse
his conscious activity of unauthorized practice of law and failure to cooperate
in the State Bar’s investigation.”
JEFFREY S.
MINTZ [#113467], 58, of Hemet was disbarred July 28, 2011, and ordered to comply with rule 9.20 of the
California Rules of Court.
In a default
proceeding, the State Bar Court found that Mintz failed to comply with an
earlier rule 9.20 requirement by not submitting to the court an affidavit
stating that he notified his clients, opposing counsel and other interested
parties of his suspension from practice.
The underlying
discipline was imposed in 2009 for more than a dozen counts of misconduct in
three client matters, including failures to perform services competently,
communicate with clients, release a client file, return unearned fees and
cooperate with the bar’s investigation. He also improperly withdrew from
employment and didn’t comply with probation conditions.
Mintz also was
disciplined in 2007 for misconduct in three matters. He stipulated that he
failed to competently perform legal services, refund unearned fees, keep
clients informed of significant developments, promptly return client papers and
property, obey court orders and report judicial sanctions to the bar.
RICHARD JAMES
SALAS [#69930], 68, of Las Vegas was summarily disbarred Aug. 7, 2011, and was ordered to comply with rule 9.20
of the California Rules of Court.
Salas pleaded no
contest in 2010 to one count each of felony perjury and workers’
compensation insurance fraud. Because the crimes are felonies involving moral
turpitude, they meet the criteria for summary disbarment.
He has been on
interim suspension since July 9, 2010.
ANDREW HAN
[#167073], 43, of Santa Fe Springs was summarily disbarred Aug. 7, 2011, and was ordered to comply with rule 9.20
of the California Rules of Court.
Han pleaded
guilty in 2006 to conspiracy to import methamphetamine and conspiracy to import
ephedrine. According to the charging document, Han intended to manufacture and
distribute methamphetamine knowing it would be imported to the United States.
The Supreme Court has held that drug distribution involves moral turpitude.
Because the crime is also a felony, it meets the criteria for summary
disbarment.
Han has been on
interim suspension since March 30, 2011.
KENNETH
EUGENE KNOBLOCK [#157230], 56, of Escondido was disbarred Aug. 7, 2011, and was ordered to make
restitution and comply with rule 9.20 of the California Rules of Court.
Knoblock
stipulated in 2009 to misconduct involving misappropriation of entrusted funds.
He then stipulated to disbarment in 2011, acknowledging that his misconduct
warranted disbarment. He also has been disciplined twice previously.
He stipulated to
19 counts of misconduct in three matters. In the first, he misappropriated
$23,187 from funds that he was required to hold in trust for his client. He
also failed to properly maintain those funds, misused his trust account,
practiced law while suspended and committed acts of moral turpitude.
In that matter,
the conservator for her developmentally disabled daughter hired Knoblock to sue
the daughter’s medical providers. The client paid $30,000 in advance
costs as well as $12,500 in advance fees. Knoblock eventually settled the case
for $95,000 in cash plus and a $120,571 annuity. The court approved payment of
more than $60,000 in fees and costs to be deducted from the cash. Although the
client also was entitled to some funds, Knoblock allowed the balance in his
trust account to fall below the required amount.
He was suspended
for failing to comply with MCLE requirements in 2003 but continued to handle
the case and did not inform the client of his status.
In the second
matter, a workers’ compensation claim, Knoblock filed a case but failed
to perform any legal services. The case was dismissed when he failed to appear
for hearings, but he didn’t notify his client and in fact misrepresented
the status of the case. When the client learned the truth, he hired a lawyer to
file a legal malpractice claim against Knoblock, who offered to submit the
matter to binding arbitration if the client would not file a complaint with the
State Bar. Knoblock also never told his client he was not entitled to practice.
He stipulated
that he failed to perform legal services competently, keep a client informed of
developments in his case or respond to a client’s status inquiries and he
committed acts of moral turpitude.
In the third
matter, while not entitled to practice, Knoblock worked on an unlawful detainer
action. He stipulated that he practiced law while not entitled, failed to keep
a client informed about developments in his case or cooperate with the
bar’s investigation and he committed acts of moral turpitude.
Knoblock also
was disciplined in 1994 and 2004. In mitigation, he cooperated with the
bar’s investigation by stipulating to disbarment.
ERIC GWYNN
LUNDBERG [#116845], 63, of Clayton was disbarred Aug. 13, 2011, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Lundberg pleaded
guilty in 2009 to a felony violation of harboring an illegal alien for private
financial gain. Between 1974 and 1984, while he was a police officer, Lundberg
harbored an illegal Philippine immigrant who performed a variety of domestic
duties at below-market rates. He had helped the victim enter the U.S.
unlawfully.
In mitigation,
Lundberg had no prior discipline record, he cooperated with law enforcement and
the State Bar and he agreed to pay the victim $15,000 plus interest.
DRAGO CAMPA
[#170057], 45, of Los Angeles was disbarred Aug. 13, 2011, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
In a default
matter, the State Bar Court found that Campa committed 10 acts of misconduct in
two matters.
He settled a
personal injury claim but did not pay his client’s medical bill or
respond to the client’s inquiries. The bar court found that Campa did not
respond to client inquiries, pay out client funds or cooperate with the
bar’s investigation and he committed acts of moral turpitude by misappropriating $5,720 that was owed to the medical
provider.
In
the second matter, he was hired to represent an individual who was charged in
Hawaii with various narcotic-related offenses, including but not limited to
conspiracy to distribute methamphetamine. Campa is not licensed to practice in
Hawaii. The client paid him $80,000.
After telling
the court at a detention hearing that he had filed an application to practice
pro hac vice in the state, the court said it could find no record of his
application and ordered him to file the application within four days. He filed
late and the application was denied.
He made several
misrepresentations to the court, practiced law in a jurisdiction where he was
not admitted, submitted a false declaration to the court, did not release his
client’s file when he was fired, didn’t account for the $80,000 fee
and committed acts of moral turpitude.
Campa was
privately reproved in 2006, and in 2010, he was suspended and placed on
probation in a default proceeding in which the court found he committed 13 acts
of misconduct.
Judge Donald F.
Miles recommended Campa’s disbarment “based on the egregious nature
of the present misconduct, (his) prior record of discipline and his failure to
participate in the present proceedings.”
VICKI CARLTON
TERRY [#118903], 53, of Roswell, N.M., was disbarred Aug. 13, 2011, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Terry stipulated
that she misappropriated $15,188.03 from her client in a Nevada divorce case.
The funds were the proceeds from the sale of the client’s home; Terry
placed the money in her client trust account.
The client
submitted an application for reimbursement to the Nevada Client Security Fund,
which approved payment of more than $25,000. Terry didn’t participate in
the investigation because she didn’t know about it. The client ultimately
received $15,442. Terry notified the California bar of the action in Nevada, where
she was never charged with misconduct.
Although she
resigned from the California bar in 2009, the Supreme Court declined a year
later to accept her resignation. She stipulated to disbarment due to the
misappropriation of client funds. Terry has repaid the Nevada bar $3,000.
She was
disciplined in California in 2008 as a result of failing to pay sanctions in
Nevada.
In mitigation,
Terry cooperated with the bar’s investigation, was financially destitute
as the result of a divorce, demonstrated her good character and displayed
remorse. She has never practiced in California.
MICHAEL
JOHANN SCHUNK [#212138], 40, of San Diego was disbarred Aug. 13, 2011, and was ordered to make
restitution and comply with rule 9.20 of the California Rules of Court.
Schunk
stipulated to eight acts of misconduct in three matters.
While
representing the plaintiff in a civil case, Schunk didn’t appear at a
case management conference and sent another lawyer to appear at a subsequent
order to show cause hearing. The court ordered Schunk to appear or the case
would be dismissed. Schunk filed a declaration stating he attempted to contact
the court for a telephonic appearance but his calls were not answered. The case
was dismissed when he failed to appear at another hearing.
Nonetheless,
Schunk told the client the case was on track. When the client learned the
truth, he was unable to reach Schunk to have the case reopened or to obtain his
file. Schunk stipulated that he failed to perform legal services competently,
keep a client informed of developments in his case or return a client file, and
he committed acts of moral turpitude by making misrepresentations to his
client.
He also failed
to perform legal services competently in an immigration case by not filing a
petition to have the client’s removal cancelled. He also didn’t
tell the client he would not file such a petition.
In the third
matter, Schunk was hired to manage residential rental property held in a trust
and to deposit all funds received in an interest-bearing trust account. He
received a percentage of the rent as compensation but didn’t deposit it
in a trust account, nor did he deposit funds he subsequently collected from
some tenants. He also didn’t account for the funds.
The trustee
obtained a judgment of nearly $24,000 against Schunk and although he agreed to
repay $15,000 in monthly payments, he didn’t do so.
Schunk
stipulated that he failed to deposit client funds in a trust account, account
for client funds or pay out funds to his client.
In mitigation,
he cooperated with the bar’s investigation.
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