1. RICHARD CHARLES HARPER
2. MANUEL ANGEL GONZALEZ
3. DAMIAN RENE FERNANDEZ
4. JANENE RAE WEBER
5. LINDA LEE SEALS
6. JAY MICHAEL TENENBAUM
7. JOHNNIE LEE TAYLOR
8. HARRY TOM MILLER
9. MICHAEL THOMAS MELO
10. LISA R. ALEXHOLLAND
11. JEFFREY ALLEN CANCILLA
12. KIRK CONRAD CHAMBERLIN  

RICHARD CHARLES HARPER [#99758], 58, of Tracy 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 May 27, 2011.

Harper successfully completed the Alternative Discipline Program after demonstrating a connection between his mental health issue and his misconduct. He stipulated to 12 counts of misconduct in four cases.

His client in a civil matter was sanctioned by the court after Harper failed to appear at a deposition. He didn’t notify the client of the sanctions, or pay them, and she only learned about them when she signed a stipulated judgment on Harper’s advice. The judgment included payment for the sanctions, even though they were imposed because of Harper’s actions. He also failed to appear at a deposition or at mandatory case management and status conferences and he didn’t respond to interrogatories. He also never accounted for his client’s advance $2,000 fee.

In a second matter, Harper was hired to immediately file for a temporary restraining order against his client’s business partner. He never did so, did not respond to his client’s phone calls and didn’t refund the unearned fee.

He also did no work for a client who hired him to resolve a property dispute and prepare a revocable living trust. And he wrote checks against insufficient funds in his client trust account.

His misconduct included failures to perform legal services competently, refund unearned fees, communicate with clients, account for client funds or comply with court orders and he withdrew from representation without protecting his clients’ interests.

In mitigation, he had no prior discipline record, cooperated with the bar’s investigation, and had severe financial problems and extreme difficulties in his personal life.

MANUEL ANGEL GONZALEZ [#219130], 43, of San Diego was suspended for two years, stayed, placed on two years of probation with a 60-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect May 27, 2011.

Gonzalez stipulated to 18 counts of misconduct in seven matters, five involving immigration questions. In most of the cases, he didn’t refund unearned fees. He also failed to perform legal services, account for client funds, release client files or keep clients informed of developments in their cases.

In one matter, for example, he obtained three continuances, and the immigration court found that Gonzalez’ application to cancel his client’s removal was incomplete and gave him more time to submit supporting documents and proof of biometrics. He never did so and the court considered the case abandoned and ordered the client removed from the country.

Gonzalez told the client the court was not convinced of the merits of his case but never told him the true grounds for dismissal. The client paid an additional $2,525 to appeal the matter, but the removal was upheld. Gonzalez stipulated that he performed no services of value and did not earn any of the client’s fee.

Another client hired Gonzalez to set aside two criminal convictions, but his motion to vacate identified one conviction incorrectly. It was taken off calendar and Gonzalez never pursued any action on the second conviction. The client hired a new lawyer who successfully had the convictions set aside. Gonzalez didn’t refund the unearned fee.

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

DAMIAN RENE FERNANDEZ [#206662], 41, of San Jose 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 May 27, 2011.

Fernandez successfully completed the Alternative Discipline Program after demonstrating a connection between his mental health issue and his misconduct. He stipulated that he misappropriated $4,322.44 from a client, committing an act of moral turpitude, and he failed to account for client funds.

He settled a personal injury matter for $12,500, but allowed the balance in his trust account to fall below the required amount.

In mitigation, he cooperated with the bar’s investigation, had serious financial problems and made restitution.

JANENE RAE WEBER [#155021], 46, of Fresno was suspended for one year, stayed, placed on two years of probation with an actual 80-day suspension and she was ordered to take the MPRE within one year. She received credit for a 10-week period of inactive enrollment in 2010. The order took effect June 4, 2011.

Weber successfully completed the Alternative Discipline Program after showing a connection between her substance abuse and misconduct. She stipulated to 11 counts of misconduct in six matters, including failures to perform legal services with competence, promptly respond to reasonable client status inquiries, refund unearned fees, return client documents and account for client funds.

Weber substituted in to a juvenile dependency matter, but did not provide the client with a fee agreement, return the former lawyer’s phone calls, keep an appointment with the client or appear in court. The former lawyer showed up for a hearing, but had appeared before only to sign the substitution form. Weber didn’t return her client’s many phone calls or refund the $3,000 advance fee.

She failed to appear at two hearings in a child support matter, did not complete another client’s divorce, and didn’t refund the advance fee or return the file of another client who fired her after unsatisfactory representation.

A couple who were attempting to win custody of their grandchildren paid a $3,500 advance fee, but Weber filed an incorrect form. She missed an appointment with the clients, who nonetheless paid her another $1,000. Weber then missed another meeting at which she was supposed to account for the clients’ funds. When one client fired her and asked for a refund, she hung up on him. She later provided a refund but never accounted for their money.

In mitigation, she cooperated with the bar’s investigation and had no prior discipline record.

LINDA LEE SEALS [#129003], 53, of Irvine was suspended for two years, stayed, placed on two years of probation with an actual 30-day suspension and was ordered to take the MPRE within one year. The order took effect June 4, 2011.

Seals and her husband and law partner, Jay Michael Tenenbaum, operated a law firm from 1990-2008. Her husband was the managing partner with primary responsibility for overseeing the administrative side of the firm and the books. Things went smoothly until 2007, when Seals became debilitated by Hepatitis C – she was unable to work and her husband took over her cases. The couple invested $525,000 of their money to cover unexplained shortfalls before closing the practice in 2008, when they discovered their bookkeeper’s misuse of client funds.

Seals admitted she failed to properly supervise the firm’s accounts, did not maintain advance costs in a trust account and didn’t pay out client funds promptly.

In mitigation, Seals cooperated with the bar’s investigation, took steps to resolve disputes with clients whose funds were taken, she had serious physical problems and the firm had serious financial problems. The misconduct was the result of an office manager/bookkeeper taking law firm funds.

JAY MICHAEL TENENBAUM [#134221], 52, of Irvine was suspended for five years, stayed, placed on five years of probation with an actual three-year suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect June 4, 2011.

Tenenbaum and his wife, Linda Seals, operated a law firm from 1990-2008. Her husband was the managing partner with primary responsibility for overseeing the administrative side of the firm and the books. Things went smoothly until 2007, when Seals became debilitated by Hepatitis C ― she was unable to work and Tenenbaum took over her cases. The couple invested $525,000 of their money to cover unexplained shortfalls before closing the practice in 2008, when they discovered their bookkeeper’s misuse of client funds.

Tenenbaum stipulated to misconduct in 16 cases, virtually all involving failures to properly maintain client funds or promptly pay out client funds. He also admitted he failed to obey court-ordered sanctions. He agreed to make restitution, including principal plus 10 percent interest per year, to 34 individuals or companies, totaling more than $90,000.

In mitigation, Tenenbaum cooperated with the bar’s investigation and took steps to resolve disputes with clients whose funds were taken, the firm had serious financial problems and his wife had serious physical problems. The misconduct was the result of an office manager/bookkeeper taking law firm funds.

JOHNNIE LEE TAYLOR [#117532], 59, of Pasadena was suspended for two years, stayed, placed on three years of probation with an actual 90-day suspension and until he proves his rehabilitation, and he was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect June 4, 2011.

Taylor stipulated to five counts of misconduct in three matters.

He filed a personal injury lawsuit for a client whom he also represented in the appeal when the suit was dismissed. He failed to appear at six hearings and a deposition, appeared very late at another four hearings, and he didn’t notice the opponent’s deposition or seek documents until after the deadline expired. When he appealed the dismissal of the lawsuit, he didn’t provide an adequate record and the dismissal was upheld.

Taylor’s misconduct was similar in another personal injury case in which he represented the plaintiff: he missed four hearings and was late for two more, he didn’t file a case management statement and he didn’t respond to discovery. He eventually substituted out of the case.

In both matters, he failed to perform legal services competently or obey court orders.

Taylor also failed to perform competently while representing a former postal worker who claimed she was a victim of employment discrimination. The case was dismissed because he failed to serve the defendants properly and he took no action for more than a year to set aside the dismissal. When he finally did so, the court ordered him to complete service of the lawsuit within 10 days.

He was incarcerated a few days later, and the case was again dismissed. He did not comply with court orders to notify his client of the dismissal and to file a declaration stating that he had done so. About six weeks later, a federal court found Taylor in contempt. After Taylor’s lawyer submitted a satisfactory declaration, the court vacated the contempt order. Taylor admitted he failed to maintain respect for the courts.

Taylor has been publicly reproved twice and was placed on interim suspension in January 2010 after pleading no contest to two counts of felony stalking and one count of misdemeanor driving under the influence.

The probation of HARRY TOM MILLER [#104709], 76, of San Francisco was revoked and he was suspended for one year, with credit for a period of involuntary inactive enrollment that began Jan. 29, 2011. He also was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect June 4, 2011.

In a default proceeding, the State Bar Court found that Miller violated the terms of a 2007 probation by not scheduling a meeting with the probation office in a timely fashion and by failing to submit six quarterly reports on time and filing three others late.

The underlying discipline was imposed for failing to maintain legal actions and for aiding his client in the unauthorized practice of law.

MICHAEL THOMAS MELO [#218911], 40, of Weymouth, Mass., was suspended for two years, stayed, placed on two years of probation with a 60-day actual suspension and he was ordered to take the MPRE within one year. The order took effect June 4, 2011.

Melo stipulated to seven counts of misconduct. He did not respond to allegations lodged with the State Bar or otherwise cooperate with an investigator.

He also did not respond to allegations about helping a non-lawyer who held himself out as an attorney. Non-lawyer Ross Berton worked in Melo’s office and accepted clients. Melo often made court appearances for those clients but in a DUI case for which the client paid Berton $10,000, he was listed as attorney of record. Other lawyers, including Melo, made court appearances for the client, and Melo eventually replaced Berton as attorney of record.

Another criminal defendant paid Berton, or someone on Berton’s behalf, $7,500 for representation. Melo made seven court appearances but missed six hearings, offering excuses that he suffered a heart attack, broke his foot and missed his flight. The court eventually appointed a public defender. When he finally appeared, he didn’t provide the medical documentation the court had demanded. Melo stipulated that he violated court orders, failed to take steps to avoid prejudice to his client and aided an individual in the unlawful practice of law.

In mitigation, Melo had serious physical and financial problems.

LISA R. ALEXHOLLAND [#224000], 47, of Oakland was suspended for two years, stayed, placed on three years of probation with a 60-day actual suspension and she was ordered to take the MPRE within one year. The order took effect June 4, 2011.

Alexholland stipulated to 14 counts of misconduct in four matters.

Hired to help her client obtain child custody and reduced child support, Alexholland sent another attorney to a hearing and then did no further work, did not respond to the client’s messages and didn’t notify him when judgment was entered. In another family law matter, Alexholland was hired to finalize a divorce by preparing a stipulation and judgment, getting the documents signed before a notary and then submitting the documents to the court.  Although she received a $1,000 fee, she did no work and didn’t respond to her client’s inquiries. She refunded the client’s fee only after intervention by the bar.

Alexholland performed no services of value to a client who paid a $1,500 advance fee for a loan modification. She didn’t respond to his phone messages and never returned his file or refunded his fee.

She was sanctioned by the court in three separate matters, but did not pay the sanctions and violated court orders.

In mitigation, Alexholland had no prior discipline record, cooperated with the bar’s investigation and demonstrated remorse and she had serious personal problems that were responsible for the misconduct and have been resolved.

JEFFREY ALLEN CANCILLA [#235428], 50, of Huntington Beach was suspended for one year, stayed, placed on two years of probation with a 90-day actual 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 June 4, 2011.

Cancilla entered into agreements with five loan modification companies, collecting and depositing legal fees into his account and paying the companies a percentage.  He stipulated to four acts of misconduct as a result: he improperly partnered with non-lawyers, split fees with non-lawyers, collected illegal advance fees and did not inform three clients that he would not be their lawyer, thus withdrawing from employment without taking steps to avoid prejudice to his clients.

In mitigation, Cancilla had no prior discipline record, cooperated with the bar’s investigation and he is no longer associated with any loan modification companies.

KIRK CONRAD CHAMBERLIN [#132946], 49, of Encino was suspended for two years, stayed, and was placed on three years of probation with an actual 30-day suspension. The order took effect June 4, 2011.

Chamberlin successfully completed the Alternative Discipline Program after demonstrating a connection between his substance abuse and his misconduct. He was convicted of contributing to the delinquency of a minor and injuring his spouse, both misdemeanors.

He stipulated that he had inappropriate contact with a 13-year-old girl who was often at his house. He has four daughters. The contact also included the victim sitting on Chamberlin’s lap and Chamberlin kissing the girl. On many occasions, he emailed the victim, suggesting that they meet at various times or places, and some of the conversations or emails were inappropriately suggestive. He pleaded guilty to contributing to the delinquency of a minor and was placed on probation for five years.

He later was convicted of hitting his wife when they were driving home. At that time, his probation was revoked and reinstated on the condition that he serve 45 days in jail and submit to drug testing.

In mitigation, he had no discipline record in 14 years of practice and he cooperated with the bar’s investigation. Although he was terminated several times from the Lawyer Assistance Program for attorneys with substance abuse problems, he sought treatment outside of the LAP and continued to actively participate in the ADP. He was permitted to re-enroll in the LAP after meeting certain requirements.

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