1. MICHAEL JOHN REED
2. PATRICK ESMAEL SAFFARIAN
3. LARRY SCOTT SPEARS
4. HENRY ALAN PATTIZ
5. PATRICIA MADDEN CULLEN
6. FERNANDO VARGAS HERNANDEZ
7. GARABED KAMARIAN
8. FRANK LADA KUCERA
9. JANE ANNE CONNERS
10. PATRICK BARNES CONDON
11. MARC STEVEN COLEN
12. ROBERT  HOWARD SACK
13. PAUL PARK
14. JEFFREY ALAN NELSON
15. RALPH JOSEPH LEECH
16. LYLE DAVID HERRICK
17. NICHOLAS GEORGE DEMMA
18. DAVID MICHAEL SMITH
19. JAGDIP SINGH SEKHON
20. KHOSRO REGHABI
21. AJAIPAUL RAM
22. ROBERT ANTHONY LOGAN
23. RICHARD ALLEN LENARD
24. ERIC COLE KITCHEN
25. STEVAN LOUIS DENENBERG
26. ROBERT BERCHAN
27. JERALD SCOTT BENNETT

MICHAEL JOHN REED [#228479], 41, of Poway was suspended for two years, stayed, placed on three years of probation with a one-year actual 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 May 13, 2011.

Reed stipulated to seven counts of misconduct in two matters.

While practicing in Colorado, Reed agreed to represent a woman who was on probation in Riverside County. A warrant was issued for her arrest. Reed said he would contact the authorities in Riverside County on the client’s behalf and later said he planned to go to court for her. He never contacted the authorities and missed several appointments with the client, who eventually hired another lawyer who negotiated a resolution of her problem. Reed failed to perform legal services competently or refund unearned fees.

He was disciplined in Colorado for misconduct in 16 matters, including failing to communicate with clients, perform competent legal services, refund unearned fees, account for client money or protect his clients’ interests when he withdrew from their cases.

In mitigation, Reed suffered a traumatic brain injury prior to the misconduct that affected his ability to practice and he cooperated with the bar’s investigation. Because of problems associated with the medication he was taking, he stopped practicing law in 2009.

PATRICK ESMAEL SAFFARIAN [#217520], 41, of San Jose was suspended for one year, stayed, placed on three years of probation with a 75-day actual suspension and was ordered to take the MPRE within one year. The order took effect May 13, 2011.

Saffarian successfully completed the Alternative Discipline Program after stipulating to misconduct in five matters, including failures to perform legal services competently, inform clients of significant developments, promptly refund unearned fees, respond to client inquiries, obey a court order, report judicial sanctions or cooperate with the bar’s investigation. He also improperly withdrew from representation. He established a connection between his misconduct and his substance abuse.

In one matter, for example, although he filed a civil suit for a client and made a court appearance, he subsequently missed several appearances and the case was dismissed. He did not notify his client. As a result of similar behavior in another civil case, the court sanctioned Saffarian $2,622, but he did not report the sanction to the bar or pay it. He filed a wrongful foreclosure action for a client who paid an advance fee of $5,500, but rather than respond to a motion, he persuaded the client to let him dismiss the case so he could re-file it later. He never did so, did no further work, and did not communicate with the client or refund her unearned fee.

In mitigation, he cooperated with the bar’s investigation and he made full restitution to one client.

LARRY SCOTT SPEARS [#195993], 47, of Herndon, Va., 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 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 Nov. 4, 2010. Spears also was given a two-year stayed suspension and a one-year actual suspension May 13, 2011. He was ordered to comply with rule 9.20 and if the suspension exceeds two years, he must prove his rehabilitation.

Spears defaulted in both matters.

In the 2011 case, the court found that Spears committed numerous acts of misconduct, including failing to perform competently, communicate with a client, comply with reproval conditions or cooperate with the bar’s investigation and he improperly withdrew from employment. He was hired to prepare estate planning documents but did not do so and told the client the work was done. When she tried to contact him two months later, she found his phone had been disconnected with no new number.

Spears also did not comply with conditions attached to a 2008 private reproval, imposed for his failure to perform legal services competently for one client. He submitted reports indicating he was in full compliance with the State Bar Act and Rules of Professional Conduct at the time he had abandoned the estate planning client.

In another case, a lawsuit was dismissed because Spears didn’t serve the complaint. The dismissal was upheld by the court of appeal. Spears did not tell the clients about the dismissal.

The November 2010 discipline was imposed for Spears’ failure to comply with the private reproval.

HENRY ALAN PATTIZ [#44073], 69, of Studio City 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 May 13, 2011.

Pattiz was suspended in 2006-08 for failing to pay his bar dues and he was involuntarily enrolled inactive for not paying a fee arbitration award. During that time, he represented a client in negotiations over stock purchases. When the client learned of Pattiz’ status, he fired him.

Pattiz also did not cooperate with the bar’s investigation of his actions.

He stipulated that he engaged in the unauthorized practice of law and failed to cooperate with the bar’s investigation.

In mitigation, he had no discipline record in 39 years of practice.

PATRICIA MADDEN CULLEN [#202477], 67, of Acton 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 13, 2011.

Cullen stipulated to 10 acts of misconduct in five immigration matters, including failures to perform legal services competently, refund unearned fees, respond to client inquiries and protect client interests after she withdrew from their cases.

In one matter, for example, she did not complete an application for permanent status for her client or supply the required documents. She did not inform her client that the application was denied or refund unearned fees.

Cullen did not tell another client she was withdrawing as his lawyer or advise him to find a new attorney. She did not return his file for four months and only after the client complained to the bar.

In mitigation, she had serious personal and medical problems, has been unable to work for two years, does not intend to practice in the future and relies on Social Security as her only source of income.

FERNANDO VARGAS HERNANDEZ [#40498], 71, of San Jose was suspended for two years, stayed, and placed on two years of probation with a six-month actual suspension and until he makes restitution, takes the MPRE and complies with rule 9.20 of the California Rules of Court. The order took effect May 13, 2011.

Hernandez represented a couple in a construction contract dispute. Although he wrote twice to the contractor, he never filed a lawsuit, nor did he maintain his clients’ filing fees in his trust account. When he asked for another $1,500 after the clients had paid $3,320, they fired him. He did not refund his unearned fee.

Hernandez stipulated that he failed to maintain client funds in trust or refund unearned fees.

He was disciplined in 1985 for acts of moral turpitude and failing to properly identify client property. In mitigation, he was under stress because of the mental illness and subsequent incarceration of one of his children.

GARABED KAMARIAN [#236670], 51, of Glendale was suspended for three years, stayed, placed on three years of probation with an actual 20-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 May 13, 2011.

Kamarian stipulated to misconduct in two matters.

He was convicted in 2009 of being an accessory to a felony after the fact, a misdemeanor. He applied for a loan to buy a home for a friend who could not qualify because of unpaid child support. The friend said he would live in the house, give Kamarian money every month to pay the mortgage and eventually Kamarian would sign a quit claim deed transferring his interest to the friend, who would then apply for a loan in his name.

In his loan application, Kamarian said he was the real buyer and he planned to live in the house, knowing both statements were false. He believed his friend had adequate income to pay the mortgage. The friend made at least one monthly payment before Kamarian transferred his interest in the house, but the friend did not apply for a loan, defaulted on the mortgage payments and the house went into foreclosure. The loan was in Kamarian’s name.

As a result of his conviction, Kamarian was placed on interim suspension in 2009, but handled several legal matters for a client, including an IRS investigation and audit of the client’s federal income tax returns. He stipulated that he engaged in the unauthorized practice of law.

In mitigation, Kamarian cooperated with the bar’s investigation, cooperated with authorities who prosecuted his friend for real estate fraud, and he offered to cure the mortgage default and take title to the house. Kamarian was a tax preparer and accountant and believed he was acting in that capacity, rather than as a lawyer, while he was suspended. 

FRANK LADA KUCERA [#124617], 61, of Oakland was suspended for two years, stayed, placed on two years of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order took effect May 13, 2011.

Kucera stipulated to 11 acts of misconduct in five matters.

He represented individuals who were sued by financial institutions, but in several matters he did not appear at case management conferences or file a case management statement and was sanctioned by the court. He didn’t pay the sanctions and thus disobeyed court orders and failed to show respect to the court. In one matter, the sanction totaled $1,000, but Kucera did not report it to the State Bar. Once the bar notified him it had opened an investigation, he arranged for the sanction to be paid.

He was privately reproved in 2000 for failing to perform legal services competently. In mitigation, he cooperated with the bar’s investigation. He missed court deadlines because he relied on a defective calendaring system.

JANE ANNE CONNERS [#226057], 51, of San Diego was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until 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 May 13, 2011.

Conners stipulated that she misused her client trust account by transferring more than $16,000 of a $25,000 settlement to her business checking account without disbursing the funds to the client. She failed to maintain the required $13,604 balance and stipulated that she misappropriated that amount through gross neglect. She eventually repaid the full amount.

Conners stipulated that she failed to maintain client funds in trust or pay out client funds promptly, and she committed an act of moral turpitude by misappropriating client money.

In mitigation, she had no prior discipline record, she suffered extreme difficulties in her personal life at the time of the misconduct, presented evidence of her good character and cooperated with the bar’s investigation.

PATRICK BARNES CONDON [#144012], 63, of Carlsbad 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 14, 2011.

He pleaded guilty in 2007 to one count of DUI with a blood alcohol content of .15 percent and in 2009, pleaded guilty to felony DUI. In that matter, he caused bodily injury to another person, and drove while under the influence within seven years of a prior conviction.

In mitigation, he had no discipline in more than 18 years of practice.

MARC STEVEN COLEN [#108275], 61, of Agoura Hills was suspended for 18 months, stayed, placed on three years of probation with a 30-day actual suspension and he was ordered to take the MPRE within one year. The order took effect May 14, 2011.

Colen successfully completed the Alternative Discipline Program after stipulating to misconduct in two matters. He demonstrated a connection between his mental health issues and his misconduct.

He stipulated that in one matter he breached his duty of confidentiality and asked a client to withdraw his complaint with the State Bar as a condition for settling his case, and in the second matter he failed to avoid representing adverse interests. 

Colen represented Douglas Markham, who wrote a book called “Beyond Atkins.” As the book gained national prominence, Colen did more work and agreed to be paid with 10 percent of the revenue generated by his client’s health project, less printing costs for the book. When Markham discovered he had not properly credited other authors whose material he included in the book, Colen said they would correct the oversight in the next printing. Colen contends the oversight was not inadvertent and could not have been corrected through footnotes.

Markham fired Colen, who, the next day, emailed 16 business contacts indicating that he had terminated the relationship for reasons he could not disclose. He said he did not want to be associated with Markham or his book and referred the email recipients to the material that had not been properly credited. However, Markham had not waived attorney-client confidentiality and Colen’s actions caused him embarrassment.

Markham sued Colen for malpractice, breach of contract and interference with contract, a complaint that eventually was settled without any monetary payment. However, Colen required that as part of the settlement, Markham withdraw his complaint to the State Bar.

In the other matter, Colen represented a Hollywood producer who planned to produce a documentary about Rin Tin Tin. Although he acknowledged in the fee agreement that conflicts might develop, he didn’t notify the parties in writing that they could seek independent legal advice prior to executing the retainer.

He eventually represented the producer in a lawsuit filed against one of the individuals who had originally hired the producer. Colen eventually recommended that the producer hire a different lawyer.

Colen cooperated with the bar’s investigation and had no discipline record since his 1983 admission to the bar.

ROBERT  HOWARD SACK [#165033], 51, of Los Osos was suspended for three years, stayed, placed on four years of probation with a two-year, six-month actual 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 Nov. 4, 2010.

Sack practiced law while suspended by participating in two depositions without advising his client or opposing counsel of his status. He also misrepresented to the bar’s probation office that he was in full compliance with the State Bar Act. His actions amounted to moral turpitude.

In another matter, while suspended and working as a paralegal, he appeared in court and addressed some substantive issues before another lawyer advised the court of Sack’s status and he was ordered to refrain from further involvement in the proceedings.

Sack stipulated that in both matters, he engaged in the unauthorized practice of law. 

PAUL PARK [#144210], 48, of Los Angeles was suspended for two years, stayed, placed on three years of probation with a nine-month 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 Nov. 4, 2010.

Park stipulated to misconduct in six cases. In two matters, he committed acts of moral turpitude by writing checks against insufficient funds in his client trust account. He misappropriated funds from two other clients, and in two cases, he represented clients whose interests conflicted. He did not pay a personal injury client’s medical lien for two and a half years.

In mitigation, he cooperated with the bar’s investigation and he demonstrated remorse. He was disciplined in 2000 for mishandling client funds.

JEFFREY ALAN NELSON [#74834], 59, of Davis was suspended for six months, stayed, placed on two years of probation with a 60-day actual suspension and he was ordered to take the MPRE. He received credit for a period of inactive enrollment from Dec. 11, 2007, to Jan. 29, 2009. The order took effect Nov. 4, 2010.

Nelson successfully completed the Alternative Discipline Program after demonstrating a connection between his misconduct and his mental health issues. He had stipulated that he failed to comply with the terms of an earlier probation by not filing quarterly probation reports and not documenting compliance with a mental health reporting requirement.

The underlying discipline was imposed for misconduct in two matters that included failures to deposit client funds in a trust account, perform legal services competently, respond to client inquiries or keep a client informed of developments in his case, and he committed acts of moral turpitude and failed to take steps to protect his client.

In mitigation, he demonstrated candor and suffered from extreme difficulties in his family life.

RALPH JOSEPH LEECH [#77146], 78, of El Monte was suspended for one year, stayed, placed on one year of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect Nov. 4, 2010.

Leech stipulated that he failed to perform legal services competently in a single matter.

He employed Mark Weber as a legal assistant without knowing Weber was a disbarred lawyer. Eventually, a friend who was a judge and the trustee of a trust opened two bank accounts for the trust, one under Weber’s name, and both listing Leech’s address. Weber collected and maintained the monthly statements, since the judge had not hired Leech.

When the judge was diagnosed with cancer, he gave Weber several pre-signed checks from both accounts in order that he could pay the trust’s expenses. The judge eventually hired Leech to help administer the trusts and when he took control of the checkbooks and the pre-signed checks, he assumed the responsibility to administer the accounts properly. However, he did not review either the checkbooks or bank statements.

After the judge died, Leech learned that Weber had embezzled $252,155 from the trust accounts. He stipulated that he failed to perform legal services competently.

In mitigation, Leech had no prior discipline record, he cooperated with the bar’s investigation and he was preoccupied with serious health issues suffered by family members, his best friend and himself. Leech reported the theft to the police; Weber is a fugitive and, according to the stipulation, is believed to be in Thailand.

LYLE DAVID HERRICK [#36872], 71, of Duarte was suspended for five years, stayed, placed on five years of probation with an 18-month actual 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 Nov. 4, 2010.

Herrick was enrolled in the Alternative Discipline Program because of substance abuse problems but was terminated after he relapsed. As a result, he received a harsher punishment.

He stipulated to misconduct in eight matters, including failures to perform legal services competently, refund an unearned fee and promptly return client property. In a criminal matter, for example, Herrick did not appear at a pre-trial conference and was not prepared for a bail hearing. In a juvenile criminal case, he told the court he would be about an hour late, but after three hours of waiting, the court appointed a public defender to handle the appearance. He failed to appear on behalf of other clients and abandoned some clients entirely.

In mitigation, he had no record of discipline in 36 years of practice, cooperated with the bar’s investigation and sold his condominium to make restitution.

NICHOLAS GEORGE DEMMA [#47318], 72, of Thousand Oaks was suspended for three years, stayed, actually suspended for at least two years and until 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 Nov. 4, 2010.

In a default proceeding, the bar court found that Demma violated probation conditions attached to a 2006 disciplinary order. He did not meet with his assigned probation monitor until five months after the deadline, failed to file seven quarterly reports, filed another report late and did not provide proof of attendance at ethics school or completion of 12 hours of continuing education.

The underlying discipline was imposed when Demma did not comply with the conditions of a 2004 private reproval. He stipulated that he violated the law by failing to list, in his personal bankruptcy case, his community property interest in several parcels of real property.

The probation of DAVID MICHAEL SMITH [#242063], 42, of Santa Rosa was revoked and he was suspended for one year, stayed and placed on two years of probation with a 60-day actual suspension. The order took effect Nov. 6, 2010.

Smith violated the terms of a 2009 probation by submitting four quarterly reports late and failing to attend ethics school or comply with the requirements of the Lawyer Assistance Program. The underlying discipline was imposed following two DUI convictions.

Smith mistakenly believed his LAP case manager would submit his quarterly reports and he said his unexcused absences from group meetings resulted from arriving more than 15 minutes late and being prevented from attending.

JAGDIP SINGH SEKHON [#170324], 44, of Salida was suspended for two years, stayed, placed on two years of probation with a nine-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 Nov. 12, 2010.

Sekhon failed to comply with rule 9.20, as required by his 2009 interim suspension following a conviction for conspiracy to defraud the U.S. He did not submit to the State Bar Court an affidavit attesting that he notified his clients, opposing counsel and other interested parties of his suspension.

He also was disciplined in 2004 for misconduct in seven immigration cases. In mitigation, he cooperated with the bar’s investigation and demonstrated remorse.

KHOSRO REGHABI [#206339], 52, of Beverly Hills 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 Nov. 12, 2010, although the actual suspension was effective Dec. 10, 2010.

In a single matter, Reghabi stipulated that he commingled funds in his client trust account by failing to withdraw his earned fee from the account at the earliest reasonable time. He should have withdrawn $45,440, his contingency fee in a civil case.

Reghabi was publicly reproved in 2009. In mitigation, no clients were harmed, Reghabi cooperated with the bar’s investigation and he provided evidence of his good character.

AJAIPAUL RAM [#232585], 31, of South San Francisco was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension and he was ordered to take the MPRE within a year. The order took effect Nov. 12, 2010.

Ram pleaded no contest to felony battery with serious injury after he hit his wife on two occasions and did not take her to the hospital for several days. According to a stipulation he reached with the bar, Ram’s wife suffered contusions to both eyes, a broken nose and lacerations and bruises to her arm. Although Ram initially was charged with five counts, four were dropped.

The bar placed him on interim suspension in 2009. He stipulated that his conviction amounted to a failure to uphold the law.

ROBERT ANTHONY LOGAN [#211496], 44, of El Segundo was suspended for three years, stayed, actually suspended for two years and until the State Bar Court grants a motion to terminate the suspension, and Logan 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 Nov. 12, 2010.

In a default  proceeding, the bar court found that Logan committed nine acts of misconduct in two matters.

Logan has been on inactive status since 2006 for failing to comply with MCLE requirements and he was suspended in 2008 for not paying bar dues. He engaged in the unauthorized practice of law by continuing to represent a client after he became inactive. He filed declarations, appeared at a case management conference, and entered into a stipulation with the opposing attorney. He failed to appear at a status conference but did appear at two other hearings.

He committed acts of moral turpitude by concealing his inactive status from his client and the court and misleading the court. He also did not cooperate with the bar’s investigation.

Logan represented a second client in a civil case without disclosing to the superior court or opposing counsel that he was not entitled to practice. He appeared at four case management conferences and other hearings, had discussions with opposing counsel and was sanctioned $727 when he did not appear at a hearing on a motion to compel.

He committed acts of moral turpitude by concealing his status from his client, the courts and opposing counsel and by misleading the court. He engaged in the unauthorized practice of law as well.

RICHARD ALLEN LENARD [#153916], 55, of Anaheim was suspended for two years, stayed, placed on two years of probation with an actual one-year 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 Nov. 12, 2010.

Lenard did not comply with probation conditions attached to a 2005 disciplinary order. He did not file five quarterly probation reports or the final report on time, and he did not provide proof of restitution.

He stipulated to two counts of misconduct in the underlying matter, including failing to promptly pay a client his settlement funds in a personal injury case and failing to remove his partner’s name from his law firm’s client trust account after the partner was disbarred. He also was disciplined in 2003 for misconduct in five personal injury cases ― he failed to perform legal services competently or deposit client funds in a client trust account and committed acts of moral turpitude.

ERIC COLE KITCHEN [#66438], 59, of Santa Barbara was suspended for one year, stayed, placed on three 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 Nov. 12, 2010.

Kitchen stipulated that he committed two acts of misconduct while representing two clients in unrelated matters. Kitchen, the two clients and another individual entered into an agreement to import emeralds from Brazil. One of the clients agreed to invest $100,000, with half the net earnings from the sale of the gems going to another client and the remainder going to the investor and Kitchen. The client who invested the money never was reimbursed and she filed a complaint with law enforcement.

As security for the $100,000, Kitchen gave his client a deed of trust to his condominium but did not inform her the property was encumbered by other debts and restrictions.

Kitchen stipulated that he acquired an interest adverse to a client and did not recommend that she obtain independent legal advice, nor did he obtain the client’s consent to Kitchen’s representation of possibly adverse interests.

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

STEVAN LOUIS DENENBERG [#159326], 46, of San Diego was suspended for two years, stayed, placed on two years of probation with an actual nine-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 Nov. 12, 2010.

Denenberg stipulated to four counts of misconduct in two client matters. He pleaded guilty in 2008 to domestic violence and damaging a phone line after he hit his wife during an argument and yanked the phone from her as she dialed 911. He threw the phone on the floor and damaged it.

A restraining order was issued against Denenberg and he was warned that possessing a firearm within 10 years of his conviction would be a crime. His wife subsequently called police twice to complain Denenberg violated the restraining order, although she later asked that the order be vacated in order to begin family counseling.

A year after the first incident, Denenberg threatened to kill his wife, brandished a knife and said he still possessed guns. The police found two loaded guns on top of a kitchen cabinet. Denenberg  pleaded guilty to exhibiting a weapon other than a gun, and to possessing a gun within 10 years of his earlier conviction.

In each matter, Denenberg stipulated that he violated the law and that his convictions did not involve moral turpitude but did warrant discipline. In mitigation, he had no prior discipline record.

ROBERT BERCHAN [#118869], 55, of Valencia was suspended for two years, stayed, placed on three years of probation with a six-month 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 Nov. 12, 2010.

Berchan stipulated to misconduct in two matters.

He represented the husband in a divorce. The couple’s son had received in-patient medical care for which the wife paid, believing she would be reimbursed by the insurer. Eventually, she was reimbursed $6,052, but because the insurance policy was in her husband’s name, a check for that amount was sent to the husband, who gave it to Berchan for deposit in his trust account. Allocation of the funds was in dispute, however, because the husband had contributed his separate property for the benefit of the son and was entitled to offsets. As a result, Berchan did not distribute the funds but told the wife’s attorney he would not oppose a court order to pay out the money.

The court eventually ordered Berchan to give $6,052 to the wife and to pay attorney fees of $1,250. In the interim, the balance in his trust account fell to zero, and Berchan replenished the account with personal funds. He stipulated that he didn’t maintain a proper balance in the account.

In a second divorce, he represented the wife, who paid a $1,000 advance fee. The family residence was sold and $51,000 of the proceeds was deposited in Berchan’s trust account. After paying out disbursements the parties agreed to, Berchan should have maintained $1,408 in the account.

He substituted out of the case when his client could not pay additional fees and he reminded the client that he still held some of her money. He inadvertently closed the file later, and took the remaining funds, waiving the rest of his fee. An incorrect notation in the file made it appear the money was for a fee. Although Berchan was entitled to the $1,408 as his fee, he paid his client that amount after receiving a stipulated judgment in the case. He stipulated that by not properly identifying client funds in his trust account, he mishandled the money, committing an act of moral turpitude.

In mitigation, Berchan cooperated with the bar’s investigation, he completed trust accounting school, made restitution although he was not required to do so, and he demonstrated his good character.  He has no prior discipline record.

JERALD SCOTT BENNETT [#123450], 53, of Lake Elsinore was suspended for four years, stayed, and was placed on four years of probation with a two-year actual suspension. The order took effect Nov. 12, 2010. He received credit for a period of inactive enrollment that lasted two years, from May 2008 to May 2010.

Bennett successfully completed the Alternative Discipline Program after demonstrating a connection between his misconduct and his mental health issues. He stipulated to nine counts of misconduct in seven matters: charging and collecting an illegal fee, disobeying a court order, engaging in the unauthorized practice of law, committing acts of moral turpitude and failing to cooperate with the bar’s investigation or comply with probation conditions.

Most of the charges stemmed from doing legal work while he was suspended for not responding to disciplinary charges filed against him. He also was on probation in a separate case but did not file a required affidavit with the Supreme Court stating that he notified his clients, opposing counsel and other pertinent parties of his suspension.

The underlying discipline was imposed for failing to perform legal services competently, refund unearned fees, return client files, account for client funds, communicate or cooperate with the bar’s investigation and he improperly representing clients with potentially conflicting interests and committed acts of moral turpitude.

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