- WILLIAM F. HANCOCK JR.
- ROSE M. ESTRADA
- ALFRED OSHIOMELE ANYIA
- GREGORY ALLEN PAIVA
- MICHAEL BERNARD TAGGART
- RYAN EDWARD STEARNS
- LEWIS JAMES ROSS
- ROBERT HARRIS JACKSON
- EARL WAYNE HUSTED III
- IRA DAVID JOHNS
- VINCENT JOSEPH McGRAW
- JAMES JOSEPH MAZZEO
- JAMES ALLEN TEEL
- DAVID GLENN CURRIE
- TERRY LLOYD ALLEN
WILLIAM F. HANCOCK JR. [#82292], 57, of Fresno was suspended for one year, 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 Oct. 29, 2009.
Hancock stipulated that he acquired interests adverse to an elderly couple he represented in two lawsuits. As security for their legal fees, the couple gave him the pink slip to their mobile home, purchased 14 years earlier. It was worth about $60,000 when the clients hired Hancock, who did not advise them to seek independent legal advice about the transaction.
About five months after he began working for the clients, Hancock started to bill them; the last bill was for more than $29,000 for 94 hours of work plus interest. They disputed the bill because they felt Hancock did not properly account for his time.
When two real estate holdings in which the clients held an interest were lost to foreclosure, they filed for bankruptcy and succeeded in discharging Hancock’s debt. They only made an initial payment of $600.
Two years later, Hancock registered his security interest in the mobile home, the primary residence of the clients, with the DMV. He told them to insure the home in order to protect his interest. After the State Bar began an investigation, Hancock relinquished his ownership interest in the mobile home.
He stipulated that his interest in the clients’ property was not fair and reasonable because the value of the mobile home exceeded the value of his billings.
Hancock also was disciplined in 1990 for obtaining an ownership interest in his client’s property.
In mitigation, he cooperated with the bar’s investigation.
ROSE M. ESTRADA [#214510], 40, of Madrid, Spain was suspended for one year, 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 Oct. 29, 2009.
Estrada stipulated that she committed acts of moral turpitude by practicing when not entitled.
She was suspended for four months in 2007 for non-payment of State Bar membership dues. However, she made 16 court appearances during that time for a client who was facing five criminal matters. On some days she made multiple appearances.
Estrada was not paid for her work but said she felt she had an obligation to help her client because she had a close relationship with him and his family. She also believed she could limit her appearances to issues of continuances and avoid the practice of law.
In mitigation, Estrada has no prior discipline record, she cooperated with the bar’s investigation and she acknowledged her misconduct.
ALFRED OSHIOMELE ANYIA [#183571], 44, of North Hollywood was suspended for two years, stayed, placed on three years of probation with a six-month actual suspension and he must take the MPRE within one year and comply with rule 9.20. The order took effect Oct. 29, 2009.
Anyia stipulated to three counts of misconduct associated with failing to properly maintain his client trust account. He committed acts of moral turpitude by issuing four checks against insufficient funds in the account and failing to properly maintain client funds or supervise employees who disbursed the funds, and he failed to maintain the proper balance for a client he represented in a personal injury case.
His client was sued by a collection agency for an unpaid medical bill, although he had negotiated a lower bill and paid the doctor. The check was never cashed. He also allowed the balance in the trust account to fall below the required amount and did not cover some costs for almost five years.
In mitigation, Anyia was out of the country for long periods of time tending to his deceased father’s estate, took steps to remedy his management problems, had reduced his fees while representing the client in order that she could repair her car and he made restitution.
GREGORY ALLEN PAIVA [#207218], 35, of Ontario was suspended for one year, stayed, placed on two years of probation with an actual 60-day suspension and was ordered to take the MPRE within one year. The order took effect Oct. 29, 2009.
Paiva stipulated to three counts of misconduct in two matters: He failed to maintain client funds in his trust account, and he committed acts of moral turpitude by making misrepresentations in two matters.
Paiva became the attorney for the executor of an estate and received more than $17,000 that he deposited in his client trust account. He wrote several checks related to the estate but then allowed the balance in his trust account to fall below the required amount. After the client terminated him and asked for an accounting, he falsely said he had issued another check on behalf of the estate and claimed he had put a stop payment on yet another check that in fact had been cashed. He deposited funds from another estate in his trust account in order to keep the balance up.
In an eviction proceeding, Paiva told his client he had filed motions for rent collection and summary judgment when he had done neither. He said the court had granted the motion to collect rent without a hearing. Paiva made numerous misrepresentations that the client discovered when he checked the court docket.
In mitigation, he has practiced for eight years without discipline.
MICHAEL BERNARD TAGGART [#123638], 54, of La Mesa was suspended for four years, stayed, placed on four years of probation with a five-month actual suspension. The order took effect Oct. 29, 2009.
After stipulating to misconduct in 14 consolidated cases in 2005, Taggart successfully completed a three-year enrollment in the Alternative Discipline Program for lawyers with mental health or substance abuse problems. He demonstrated a connection between his misconduct and his mental health issues.
The misconduct included failures to competently perform legal services, refund unearned fees, take steps to avoid prejudice to clients, account for fees, pay out client funds, return files or cooperate with the bar’s investigation. He also admitted that he mishandled client funds and misappropriated $2,000 in one matter.
In mitigation, respondent displayed candor to the State Bar during its investigations.
RYAN EDWARD STEARNS [#165262], 45, of Torrance was suspended for one year, stayed, placed on 18 months of probation and was ordered to take the MPRE within one year. The order took effect Oct. 29, 2009.
He stipulated to six counts of misconduct stemming from his representation of both parties in several business transactions. He represented both the sellers and buyers of a wine store and negotiated a lease and helped form a corporation for the buyers. Although the parties understood Stearns was representing all of them and made statements to that effect, Stearns said he does not recall making such statements.
The buyers also negotiated purchase of a restaurant located in a building owned by the Stearns Trust, established by Stearns’ parents. The original owner of the restaurant was a personal friend of Stearns, but he never disclosed his relationships to the buyers. He also prepared an agreement to lease the building to the buyers without informing them it was owned by his parents’ trust.
The couple provided detailed financial information to Stearns when they sold the second restaurant. Stearns prepared the sale agreement. Escrow papers included a $6,000 legal fee for work Stearns did for the trust.
Stearns stipulated that he failed to obtain the parties’ written consent to his representation in matters where their interests conflicted and he did not disclose his conflicts to his clients.
In mitigation, Stearns has no prior record of discipline since his 1993 admission to the State Bar and he cooperated with bar investigators.
LEWIS JAMES ROSS [#116165], 64, of Cambria was suspended for one year, stayed, placed on two years of probation and was ordered to make restitution and take the MPRE within one year. The order took effect Oct. 29, 2009.
Ross stipulated to two counts of misconduct in handling a lawsuit he filed in San Luis Obispo. When he did not respond to two sets of discovery requests, the defendants filed motions to compel responses. Ross eventually filed inadequate responses to the first set and the court imposed sanctions of $1,776 against him. He missed later hearings, did not respond to motions to compel or inquiries from opposing counsel and was sanctioned a total of $5,288. He did not pay any of the sanctions.
Ross stipulated that he failed to perform legal services competently and disobeyed court orders.
He was publicly reproved in 1996. In mitigation, he suffered physical difficulties, cooperated with the bar’s investigation and demonstrated remorse.
ROBERT HARRIS JACKSON [#213433], 58, of Elk Grove was suspended for two years, stayed, placed on three years of probation with an actual six-month suspension and was ordered to make restitution, take the MPRE and comply with rule 9.20. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect Oct. 29, 2009.
Jackson stipulated to misconduct in three client matters as well as misconduct in two uncharged cases. In the first matter, he filed a lawsuit against a modular home company, alleging his clients received the wrong home and the manufacturer failed to do some work. However, he then missed a series of hearings, did not respond to discovery, provide proof of service or notify his clients of the hearings. The case was dismissed with prejudice and Jackson and his clients were sanctioned.
He admitted he failed to perform legal services, inform his clients of significant developments or refund unearned fees and he disobeyed court orders and abandoned the case.
In a second case, Jackson was hired to defend a client in a civil lawsuit, but he did not file an answer on time or appear at a status conference or an arbitration hearing, where the arbitrator awarded the plaintiffs more than $34,000. The court issued a default judgment based on the arbitration award and Jackson moved to set it aside based on “attorney mistake, inadvertence, surprise or excusable neglect.” However, he did not include a declaration or any supporting authorities for his motion.
Jackson did not notify his client about the judgment or the arbitration dates and he did not respond to numerous e-mails and faxes. The client was unaware of the judgment against him and had it vacated. The matter was on appeal at the time of Jackson’s discipline. He stipulated that he failed to perform legal services competently, respond to his clients’ status inquiries, return their file or refund unearned fees and he abandoned his clients.
Jackson stipulated to seven counts of similar misconduct in two other matters, as well as a failure to properly maintain his client trust account. He also admitted that he violated the terms of a 2007 public reproval by failing to submit three quarterly probation reports on time and by paying restitution late.
In mitigation, he made restitution to three clients.
EARL WAYNE HUSTED III [#99019], 56, of Valley Center was suspended for two years, stayed, and was placed on two years of probation with an actual 60-day suspension. The order took effect Oct. 29, 2009.
Husted violated the terms of a 2004 probation by failing to submit seven probation reports on time, not submitting a final report and not providing proof that he completed six hours of continuing education in attorney-client relations.
In mitigation, he suffered from extreme emotional difficulties relating to the birth of his daughter, cooperated with the bar’s investigation and presented one character witness.
The underlying discipline was imposed when Husted stipulated to 10 acts of misconduct in nine matters, including commingling funds in his client trust account and writing a bad check against the account and failing to communicate with clients, perform legal services competently or cooperate with the bar investigation.
IRA DAVID JOHNS [#86179], 58, of Northridge was suspended for six months, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Oct. 29, 2009.
After stipulating to misconduct in three matters, Johns was accepted in 2005 in the State Bar’s Alternative Discipline Program for lawyers with substance abuse or mental health issues. He completed the program successfully and began his six-month stayed suspension Oct. 29.
In each case, Johns admitted that he failed to perform legal services with competence or properly maintain client funds in his trust account. In two matters, he also failed to respond to client status inquires or keep his client informed of significant developments in his case.
In mitigation, he had no prior record of discipline, suffered from severe financial stress, cooperated with the bar’s investigation and had other difficulties in his personal life.
VINCENT JOSEPH McGRAW [#68583], 64, of Lawrenceville, Ga. was suspended for two years, stayed, placed on two years of probation with a 30-day actual suspension and was ordered to take the MPRE within one year. The order took effect Oct. 29, 2009.
While sitting as a judge in the Fresno County Superior Court, McGraw used the county’s computer system in his chambers to access porn sites. His actions occurred during business hours as well as weekends and non-business hours during the week. When confronted about his inappropriate computer use, McGraw admitted he accessed sites containing sexually explicit materials over an eight-month period.
He was privately admonished by the Commission on Judicial Performance.
McGraw subsequently ran (unsuccessfully) as an incumbent in a contested judicial election in which he involved court employees in campaign activities. He asked employees (including some subordinates) to obtain signatures on petitions to be filed in lieu of filing fees, he used court resources to distribute some or all of his requests for support, he distributed a campaign brochure with a photo of himself and judicial staff members without their consent, and he had conversations about his campaign with court employees during working hours.
In addition, during two television interviews, he denied using his court computer improperly and made other misrepresentations. He later threatened to sue the TV station if it aired the allegations and again denied them. When portions of the interviews aired, McGraw read a statement that retracted his earlier denials.
He stipulated that his actions, which violated the Code of Judicial Ethics, also violated the law and constituted moral turpitude.
In mitigation, McGraw had no discipline record since his 1976 admission to the bar, he displayed remorse and cooperated with the bar’s investigation, and his actions caused no harm.
JAMES JOSEPH MAZZEO [#108077], 54, of San Diego 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. 29, 2009.
Mazzeo violated the terms of a 2007 private reproval by failing to develop a law office management plan or to submit several reports on time — three quarterly probation reports and proof that he passed the MPRE and completed MCLE courses in law office management.
The reproval was imposed for Mazzeo’s failure to communicate with clients or cooperate with the bar’s investigation and for improperly withdrawing from representation.
In mitigation, he cooperated with the bar’s investigation, has done extensive pro bono work and served as a judge pro tem and he was under the mistaken impression that filing quarterly probation reports without attending ethics school or passing the MPRE was an exercise in futility.
JAMES ALLEN TEEL [#150696], 49, of Irvine was suspended for two years, stayed, placed on five years of probation and was ordered to take the MPRE within one year. The order took effect Oct. 29, 2009.
Teel stipulated that he was convicted of eight crimes between 1999 and 2006 — including battery against a spouse or cohabitant; contempt of court (twice) for violating a protective order; two instances of driving under the influence; child endangerment; and assault and battery. The violations did not involve moral turpitude.
DAVID GLENN CURRIE [#153669], 51, of Chino was suspended for one year, 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 Oct. 29, 2009.
Currie stipulated to three counts of misconduct, including failing to perform legal services competently, refund unearned fees and keep a client informed of developments in his case.
In a real estate matter, Currie won a stipulation in favor of his client that required the deed for a property to be reformed in his favor. The client then sued the mortgage and title companies for failing to record the title properly. Currie did not respond to demurrers to the complaint or appear at several hearings, including a hearing to dismiss. The court dismissed the case as a result of Currie’s failure to file an amended complaint within the allotted time. He took no action to reinstate the matter. More than a year later, he informed his client of the dismissal.
Currie stipulated that he failed to perform legal services competently, refund unearned fees or keep his client informed of developments in his case.
In mitigation, he cooperated with the bar’s investigation.
TERRY LLOYD ALLEN [#134039], 49, of Perris was suspended for three years, stayed, and was placed on four years of probation with a six-month actual suspension. The order took effect Oct. 29, 2009.
Allen practiced law while suspended for violating a disciplinary probation ordered in 2008. He was on interim suspension following a conviction for felony possession of methamphetamine.
While not entitled to practice, he made two telephonic appearances in the same case; the second appearance was to take the case off the calendar because the parties were in bankruptcy. In addition, he was twice sanctioned in federal bankruptcy court in the same case. A sanction of $1,900 was imposed for violating a court-ordered stay. Allen was sanctioned an additional $2,481 for failing to pay the sanction; the court cited him for civil contempt. He did not report the sanctions to the State Bar, as required.
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