Suspensions/Probation
  1. ROBERT PARKER MILLS
  2. ANGELA DENIESE ROBINSON
  3. LOUIS GEORGE FAZZI
  4. SUSAN ANGELA CALLENDER
  5. PETER TRAN NGUYEN
  6. HENRY JOHN MARTINEZ JR.
  7. VALERIE CANDICE WHITWORTH
  8. JOEL LESLIE
  9. BENJAMIN TAE WOUN LEE
  10. FREDERICK CARLOS KUMPEL
  11. JAMES FRIEND JORDAN
  12. DAVID EVAN JONES
  13. ROBERT KATSUMI FUKUSHIMA
  14. RONALD JEFF CORTEZ
  15. DANNY ROBERT TAYLOR
  16. BERNAL PETER OJEDA
  17. RANDALL KEMP RUPP
  18. GAROLD LEE NEELY
  19. THOMAS MICHAEL COMPARET
  20. ERIC WILLIAM SCHOLZ

 

ROBERT PARKER MILLS [#48342], 65, of Manhattan Beach 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 Dec. 17, 2009.

Mills stipulated that he committed acts of moral turpitude by helping a woman create a phony invoice for an insurance claim. The woman had purchased a renters’ insurance policy from State Farm and less than a month later made a claim for items allegedly stolen by her former roommate. She twice amended the claim, which eventually was for $165,753.

Mills told the insurance adjustor that he was helping the woman prepare the inventory but he didn’t want his name on any of the papers. The insurance company wrote a check for $28,212 to the woman and her sister based on the original inventory. She later provided more receipts, but they were copies rather than originals, some were handwritten with no sales tax and some appeared to be in the same handwriting but from different stores. The insurance company asked for original receipts.

The renter provided what she said was an original invoice for an antique picture frame. According to the stipulation, Mills and the woman created the invoice with the intent of misleading State Farm into believing the frame was purchased for $850. She then submitted an invoice with the identical number for an antique bicycle ($3,000) and antique wall sconces ($2,500).

Although Mills told State Farm he was assisting the woman as a friend, he eventually said he was her attorney and requested additional information.

Mills told State Farm his client’s sister, with whom she shared the insurance policy, had died in Iran and he asked that a check be reissued just to the client. State Farm gave her a check for $12,521 for three items and declined payment for other items on the inventory because of insufficient proof of purchase.

More than a year after the original claim, Mills submitted to State Farm a 13-page single spaced list of corrections and additions to the inventory and threatened to sue for bad faith. State Farm denied the claim, concluding that it was fraudulent and that the client had made misrepresentations and concealed material facts. It voided the renter’s policy.

A different lawyer sued State Farm on the client’s behalf, but during a deposition, Mills admitted he and the client created a false invoice for the picture frame. He attempted to conceal that information in two letters he wrote to State Farm. The suit was dismissed.

In mitigation, Mills practiced since 1971 without a discipline record, he cooperated with the bar’s investigation and his client was not harmed.

ANGELA DENIESE ROBINSON [#154052], 49, of Beverly Hills 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 Dec. 17, 2009.

Robinson stipulated that she sought to mislead a judge by signing her clients’ signatures on documents she submitted to the court.

She was hired to substitute into a paternity case and in a motion for the court, she misspelled her client’s name 10 times, including two places where Robinson should have placed her signature. Instead, she signed the client’s name, misspelled in both the typed version and the handwritten signature. The client fired her and hired a new lawyer. Although the declaration was inaccurate, the client was not harmed.

In mitigation, Robinson has practiced since 1991 without any discipline, she presented numerous character witnesses, and she cooperated with the bar’s investigation. 

LOUIS GEORGE FAZZI [#84362], 63, of Upland was suspended for three years, stayed, placed on three years of probation with a one-year actual suspension and was ordered to take the MPRE and comply with rule 9.20. The order took effect Dec. 17, 2009.

The State Bar Court found that Fazzi committed nine acts of misconduct, including three counts of moral turpitude, while handling a malpractice case against a dentist.

He was hired after the statute of limitations expired, but did not discover that issue until later; his filing of a lawsuit was untimely. When the case was dismissed, he filed an appeal but didn’t file an opening brief and the appeal was dismissed as well. He entered into an illegal fee agreement with the clients, although he later noticed his error and did not attempt to collect the fees.

He did not keep his clients reasonably informed about the status of their cases, misused his client trust account, commingled funds and misappropriated client funds. He committed acts of moral turpitude by making misrepresentations to his clients.

When the case was finally dismissed, Fazzi’s clients were ordered to pay the defendants’ costs — $11,419.

The case was complicated by Fazzi’s extensive medical problems, resulting from numerous accidents. He became addicted to pain medication, his wife and daughter left him and he became suicidal, and as a result of one accident, he was hospitalized for three months and was comatose much of the time. His secretary had power of attorney and unwittingly paid some of Fazzi’s bills from the client trust account. His credit cards were canceled and his phones were disconnected because he didn’t pay his bills.

Other mitigation included discipline-free practice since 1978 and extensive pro bono work.

SUSAN ANGELA CALLENDER [#187501], 47, of San Francisco was suspended for one year, stayed, placed on one year of probation and was ordered to make restitution and take the MPRE within one year. The order took effect Dec. 17, 2009.

Callender stipulated to three counts of misconduct in two matters.

She practiced law while suspended for failing to comply with MCLE requirements. Because she did not keep her address current with the State Bar, she did not receive letters warning her of the impending suspension and was unaware of her status.

She withdrew a lawsuit she filed while suspended. The opposing counsel advised the court Callender was ineligible to practice. She did not file a responsive pleading to a motion to strike or address the court regarding her suspension, but she withdrew the complaint. The clients consented to the dismissal and Callender was unable to negotiate a settlement. She withdrew from the case and offered to refund her $2,000 fee but ultimately did not do so.

Callender stipulated that she practiced while suspended, didn’t keep her address up-to-date with the bar and failed to refund unearned fees.

In mitigation, she cooperated with the bar’s investigation, offered testimony about her good character, had physical disabilities that both led to her changing jobs and contributed to her failure to update her membership records. Once she learned she was not eligible to practice, she immediately took steps to remedy the situation.

PETER TRAN NGUYEN [#208100], 37, of Studio City was suspended for three years, stayed, placed on three years of probation with an actual 120-day 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 Dec. 17, 2009.

Nguyen stipulated that he did not comply with rule 9.20 as required by a 2008 probation. He did not timely file with the State Bar Court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension. The underlying discipline was imposed because of Nguyen’s failure to perform legal services competently or keep his clients reasonably informed and for improper withdrawal from employment in three separate matters.

In mitigation, he cooperated with the bar’s investigation and he was mistaken about how to comply with rule 9.20.

HENRY JOHN MARTINEZ JR. [#109102], 56, of Solana Beach was suspended for one year, stayed, placed on two years of probation with a nine-month actual suspension and he was ordered to comply with rule 9.20. The order took effect Dec. 24, 2009.

In 2005, Martinez was convicted in Minnesota of misdemeanor criminal sexual conduct for improperly touching his adult stepdaughter without her consent. He was disciplined by the Minnesota Supreme Court but did not notify the California bar.

His conviction violated California’s requirement that attorneys uphold the law.

In mitigation, he has no prior discipline record, cooperated with the bar’s investigation, and a treating psychotherapist said he benefited from treatment. He did not notify the California bar because he was preoccupied with a serious family health issue.

The probation of VALERIE CANDICE WHITWORTH [#94581], 58, of Charlotte, N.C., was revoked and she was suspended for one year and ordered to comply with rule 9.20. Her probation was extended for two years and credit is given for a period of involuntary inactive enrollment that began Aug. 29, 2009. The order took effect Dec. 24, 2009.

The State Bar Court determined that Whitworth violated three probation conditions attached to a 2008 disciplinary order: She failed to submit four quarterly probation reports on time and did not file a fifth, she did not file all the required trust accounting certificates, and she did not report a change in her phone number.

In the underlying discipline, Whitworth stipulated that she failed to distribute more than $4,000 to her client for more than three months in accord with both her client’s request and a court order. Whitworth also was privately reproved in 2001 for failing to maintain adequate funds in her client trust account and for bouncing six checks, failing to report a $5,000 sanction order imposed on her by a bankruptcy court in Nevada, and for failing to adequately supervise her staff. As a result, the staff paid the bankruptcy from the trust account.

JOEL LESLIE [#162475], 46, of Los Angeles 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 Jan. 1, 2010.

The State Bar Court found that Leslie practiced law while he was on voluntary inactive status. He helped a non-lawyer who needed advice, reaching an informal agreement to provide services for which he would be compensated on an hourly basis. He was careful to identify himself as a “legal coach” and testified at his trial that his consultations “were of an educational nature, that were non-specific to her case, that any assistance to her would be of a scrivener or clerical nature; and further that any conversations were for discussion purposes only and would not be taken as legal advice.” However, Leslie researched and analyzed legal issues and prepared a draft complaint.

After he returned to active status, he billed the woman for his services. She disputed the bill, ended his services and asked for a refund. Instead, Leslie sent her a new bill that added four charges, including charges for work done while he was inactive. A fee arbitrator ruled that Leslie owed the client $1,080, but he did not satisfy the award for three years.

In mitigation, Leslie had no prior discipline record.

BENJAMIN TAE WOUN LEE [#169034], 45, of Torrance 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 Jan. 1, 2010.

Lee was enrolled in the State Bar’s Alternative Discipline Program after establishing a connection between his mental health issues and his misconduct. He stipulated that he committed misconduct in one matter involving four clients. However, he was terminated from the ADP after he failed to comply with the requirements of the Lawyer Assistance Program.

He represented four co-workers who filed an employment action against the Department of Corrections. The case was dismissed because Lee filed a second amended complaint a month late and on the same day filed a motion to oppose dismissal of the case. He said the mistakes were due to a calendaring error on his part. He did not notify the clients the case was dismissed for more than two months. The court subsequently denied a motion to set aside the dismissal.

Lee admitted that he failed to perform legal services competently, promptly release a client file, keep a client informed or cooperate with the bar’s investigation.

In mitigation, he has no prior discipline record.

The probation of FREDERICK CARLOS KUMPEL [#122073], 51, of Bakersfield was revoked, the previous stay of suspension was lifted and he was suspended for 60 days and placed on probation for one year. The order took effect Jan. 1, 2010.

Kumpel did not comply with probation conditions attached to a 2007 discipline. He failed to contact the probation office by a deadline, file six probation reports on time or attend ethics school. The underlying discipline was imposed as a result of his failure to

perform legal services competently and for misrepresenting the status of a case to his client.

In mitigation, he has been active in local bar activities and has done extensive pro bono and community work.

JAMES FRIEND JORDAN [#74606], 59, of Palm Desert was suspended for two years, stayed, placed on three years of probation with an actual 90-day suspension and he was ordered to take the MPRE and comply with rule 9.20. The order took effect Jan. 1, 2010.

The State Bar Court found that Jordan committed two acts of misconduct involving failing to comply with a court order or terms of probation.

He represented the defendant in a civil case, and although he filed an answer to the complaint, his client did not appear at a deposition and Jordan did not respond to a motion to compel the deposition or to a request for sanctions. The court granted the motion at a hearing that Jordan did not attend. He did not pay the sanctions or raise the subject in settlement negotiations, nor did he appear at a further hearing when the court ordered, among other things, that Jordan pay the sanctions within 10 days. He never satisfied the order.

Jordan claims he represented the company, not the owner of the company and therefore the sanction order was unjust. The State Bar Court rejected his arguments and said he never challenged the sanctions order.

Jordan’s failure to pay the sanction violated the terms of a 2004 probation imposed for not promptly paying out client funds.

He also was publicly reproved in 1988, again for failing to promptly pay out client funds and for abandoning a client.

DAVID EVAN JONES [#166794], 48, of Fresno was suspended for three years, stayed, placed on four years of probation with a two-year actual suspension and was ordered to prove his rehabilitation and take the MPRE. He will receive credit for the interim suspension that began Aug. 27, 2008. The order took effect Jan. 1, 2010.

Jones was convicted in 2008 of one count of impersonating someone. He harassed a woman by posting her picture and posing as the woman on two Internet sites where he solicited individuals to contact her for sex and to call her at work and at home. Some of the conduct occurred while he was a deputy district attorney. He was placed on paid administrative leave and later resigned.

In mitigation, he had no prior discipline record.

ROBERT KATSUMI FUKUSHIMA [#70901], 66, of Placerville 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. The order took effect Jan. 1, 2010.

Fukushima stipulated that he misused his client trust account by commingling personal and client funds, wrote checks against insufficient funds in the account and used the account for personal purposes. Several times, the account was overdrawn by between $1,000 and $2,000.

He did not cooperate with the bar’s investigation.

In mitigation, Fukushima had no prior discipline record.

RONALD JEFF CORTEZ [#220481], 44, of Campbell was suspended for 18 months, stayed, placed on three years of probation with an actual six-month suspension and he was ordered to take the MPRE and prove his rehabilitation. The order took effect Jan. 1, 2010.

Cortez pleaded no contest in 2008 to felony DUI causing injury and misdemeanor driving without a license. He also admitted his blood alcohol was higher than .15 and he had a prior DUI. He rear-ended a car whose driver underwent three surgeries on her neck. Because Cortez was not insured, the victim had to hire a lawyer and make an uninsured motorist claim.

According to the stipulation, Cortez continued to drink after the accident, violating the terms of his criminal probation and his agreement with the bar’s Lawyer Assistance Program. In mitigation, he cooperated with the bar’s investigation, pleaded guilty at the earliest possible stage and sought treatment for alcoholism while in custody.

DANNY ROBERT TAYLOR [#91924], 60, of Alhambra was suspended for two years, stayed, and was placed on three years of probation with an actual five-month suspension. The order took effect Jan. 1, 2010.

Taylor successfully completed the Alternative Discipline Program for lawyers who demonstrate a connection between their misconduct and substance abuse or mental health issues. He had stipulated in 2005 to misconduct in seven matters, as well as the unauthorized practice of law.

Among other things, he failed to perform legal services competently, maintain client funds in trust, promptly pay out client funds, communicate with clients or cooperate with the bar’s investigation, and he violated his probation, misappropriated $3,135 in settlement funds, wrote checks against insufficient funds and abandoned clients.

He has participated in the Lawyer Assistance Program since 2003, and program counselors do not believe he has used any unauthorized substances during that time.

BERNAL PETER OJEDA [#140387], 53, of Calabasas was suspended for one year, 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 Jan. 1, 2010.

Ojeda stipulated to seven counts of misconduct in three bankruptcy matters.

In the first case, a couple hired Ojeda to file for bankruptcy protection after seeing an advertisement for his services on Spanish-language television. They wanted the petition filed before new bankruptcy laws took effect Oct. 17, 2005. Despite numerous phone calls and their payment of $1,300 in fees, Ojeda did not file their petition before that date.

A staff member who is not a lawyer practiced law by deciding to accept the couple as clients, setting the amount of the fee and advising them that they qualified for bankruptcy protection and could file a petition.

When the bar investigated Ojeda’s failure to file the petition, the couple’s file contained falsified notes and an altered fax cover sheet. The changes were made without Ojeda’s knowledge and he was unaware of them.

Ojeda did not file bankruptcy for another client by the deadline, despite the client’s instructions to do so. The client fired him and sought a refund of his fees; Ojeda did not respond and did not refund the fees for 10 months, after the bar opened an investigation.

Another client paid a $1,700 fee plus the filing fee, but Ojeda never filed a bankruptcy petition or provided any other legal services and he didn’t refund the fee.

Ojeda stipulated that he failed to perform legal services competently, refund unearned fees or respond to a client’s status inquiries.

He was publicly reproved in 1997 for failing to deposit client funds in a trust account.

RANDALL KEMP RUPP [#165774], 60, of Camarillo was suspended for two years, stayed, suspended for 90 days and until he makes restitution and the State Bar Court grants a motion to terminate the suspension, and he 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 Jan. 1, 2010.

In a default proceeding, the State Bar Court found that Rupp committed 10 acts of misconduct in two matters.

The first was a divorce case for which the client paid an advance $5,000 fee. After reaching an agreement about the division of property, Rupp asked for another $3,500 to prepare the final agreement and an income and expense declaration. He never prepared the documents.

Rupp did not appear at a hearing, saying he was too ill, and over the next few weeks he did not respond to his client’s numerous phone calls. She fired him and demanded an accounting, a refund and her file. He did not respond, nor did he respond to a bar investigator.

In the second matter, he prepared a declaration and appeared at a hearing for a client he represented in a child support matter. The hearing was continued and although Rupp sent another lawyer in his place, he did not give her the file, so the hearing was again continued. He did not appear at two subsequent hearings. When the client hired a new lawyer, he found Rupp’s phone was disconnected. He performed no legal services of value to the client.

The bar court found that he abandoned clients and he failed to perform legal services competently, account for client funds or refund unearned fees, communicate with clients, release a client file or cooperate with the bar’s investigation.

GAROLD LEE NEELY [#189557], 59, of Stockton was suspended for three years, stayed, placed on three years of probation with an 18-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 Jan. 1, 2010.

Neely pleaded guilty in 2007 to misdemeanor battery and misdemeanor contempt for violating a restraining order. While driving, he punched his passenger, a woman with whom he lived, giving her a bloody nose. He was under a restraining order to have no contact with the woman.

Neely also violated the terms of a disciplinary probation by not timely filing five quarterly probation reports or attending ethics school. That discipline was imposed in a default case when the State Bar Court found that Neely engaged in the unauthorized practice of law and committed an act of moral turpitude. He was on inactive status for more than a year for failing to comply with MCLE requirements and for part of a year for not paying bar dues.

In mitigation, Neely is the sole provider for his developmentally disabled child and at the time of the criminal case, his father was seriously ill and died within a few months.

THOMAS MICHAEL COMPARET [#32103], 76, of Los Angeles was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Jan. 2, 2010.

Comparet stipulated that he practiced law while suspended for non-compliance with MCLE requirements and by doing so committed acts of moral turpitude. He was ineligible to practice for about six weeks.

In mitigation, he had emotional or physical difficulties at the time and he presented evidence of his good character.

The probation of ERIC WILLIAM SCHOLZ [#142357], 48, of Spruce Pine, N.C., was revoked, he was suspended for three years and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20. He was given credit for a period of inactive enrollment that began April 23, 2009. The order took effect Jan. 6, 2010.

Scholz failed to comply with probation requirements of a 2005 disciplinary order: He filed one quarterly report late and six more were rejected as deficient; he did not attend ethics school on time, did not submit proof of psychological treatment during nine months and submitted reports of insufficient treatment in seven additional months, and he did not present evidence of lab tests for alcohol or drugs.

Scholz has been disciplined three times previously, twice for failing to comply with probation requirements. In the current matter, he said he did not comply because he could not stay sober.

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