- TIMOTHY CLARENCE BRYSON
- PATRICK EARL CATALANO
- CRAIG THOMAS WORMLEY
- EDWARD MARK CHAVEZ
- ELLEN DOUGLAS McGOLDRICK
- MICHAEL STUART PRATTER
- PIERCE HENRY O’DONNELL
- LEONIE ELISABETH DAVIS
- BEN EDWARD LOFSTEDT
- LEE ALLEN McCOY
- NATHANIEL DALE EZEKIEL STERLING
- STANLEY ZEIGLER WHITE
- NOLAN ANTHONY DelCAMPO
- NANA SERWAAH GYAMFI
- LARRY PAUL JAMES
- KENNETH BRUCE TISHGART
- JOHN A. HURLEY
- BRUCE GORDON JONES
- STEVEN LANCE MAZZA
- JAMES GERHART PRICE
- ROBERT FRANK ZWIERLEIN
- CLIFFORD ALEXANDER DOVER
- ERIC ARTHUR FORSTROM
- MANSOUR SIG HADDAD
- KEVIN MICHAEL HARR
- BRIAN D. McMAHON
- RIC A. MILITELLO
- BRETT A. PEDERSEN
- IVAN PEDRO C. PORTO
TIMOTHY
CLARENCE BRYSON [#140798], 59, 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 Feb. 18, 2011.
Bryson
stipulated to three counts of misconduct in a probate matter in which he filed
a guardianship petition for his clients. He did not correct defects in the
petition, as ordered by a probate examiner, nor did he appear at a hearing and
the case was taken off the calendar. Bryson did not respond to the
clients’ many phone calls over the next nine months.
He had assigned
a paralegal to work on the matter, under his supervision. When the paralegal
left his employ, Bryson reviewed the file and learned the necessary work had
not been done. With the help of a new paralegal, Bryson filed a new petition
that was granted – almost three years after he was hired.
An investigator
was unable to find Bryson after his clients complained because he did not keep
his address current with the State Bar.
He stipulated
that he failed to perform legal services competently, respond to client
inquiries or maintain a current address and phone number with the bar.
Bryson was
suspended in 2001 for failing to adequately supervise a paralegal. In
mitigation, he cooperated with the bar’s investigation and he took steps
to complete the guardianship as soon as he learned his paralegal had not
performed the requisite work.
PATRICK EARL
CATALANO [#60774], 64, of San Diego was suspended for one year, stayed, placed on one year of probation and was
ordered to take the MPRE within a year. The order took effect Feb. 18, 2011.
Catalano
stipulated that he commingled funds in his client trust account. He deposited a
stale settlement check for $45,000 in his trust account, but told his client he
would not release any funds until the check cleared. The bank reversed the
deposit, the balance dropped and Catalano commingled his funds with client
funds to use on an “as needed” basis.
In mitigation,
Catalano had no prior discipline record, he cooperated with the bar’s
investigation and no clients were harmed.
CRAIG THOMAS
WORMLEY [#182137], 43, of Los Angeles was suspended for two years, stayed, and placed on five years of probation,
effective July 6, 2011. That discipline followed a Feb. 18, 2011, four-year
stayed suspension, five years of probation with a 15-month actual suspension
and an order to take the MPRE within one year.
Wormley
successfully completed the Alternative Discipline Program after demonstrating a
connection between his misconduct and his mental health problems. He stipulated
to misconduct in 21 matters: false/misleading advertisement in one matter,
failures to pay out client funds (one matter), promptly return a client file
(one matter), account for client funds (four matters), refund unearned fees (10
matters) or perform legal services competently (14 matters).
Following his
completion of the ADP, the bar filed additional disciplinary charges against
Wormley, involving 13 clients and many involving the same types of misconduct
during the same timeframe.
In 2002, Wormley
founded a law firm that he expected would handle criminal defense matters
throughout the state. He advertised extensively in northern and southern
California and planned to hire local attorneys as independent contractors whom
he would pay a percentage of fees. However, Wormley took no steps to ensure
that employees were properly trained or that clients received the services for
which they contracted. Further, he delegated authority to non-attorney employees
to meet with clients, evaluate their issues and provide legal advice, decide
whether to accept their cases and set fees.
He did not
attend client meetings, examine the law firm’s practices concerning
intake, review its finances or monitor employee actions.
EDWARD MARK
CHAVEZ [#146133], 48, of Anaheim was suspended for three years, stayed, placed on three years of probation with
a one-year actual suspension and he was ordered to take the MPRE within one
year and comply with rule 9.20 of the California Rules of Conduct. The order
took effect Feb. 18, 2011.
Chavez
stipulated to four counts of misconduct in two matters.
In the first, he
represented a client in a wrongful termination case on a contingency fee basis,
settling the claim for $15,000. The client was entitled to $9,000, but Chavez
stipulated that he misappropriated $4,000. Nearly a year after the settlement
was reached, Chavez wrote a personal check for $4,000 to the client. He
stipulated that he failed to maintain client funds in trust and misappropriated
client funds, committing an act of moral turpitude.
In the second
matter, he represented the executor of the estate of a man whose death was
under investigation by the coroner. Chavez told the client he could not file a
probate without a death certificate; the client twice provided the certificate.
He did not respond to the client’s messages for four months, when he told
her he hadn’t filed the probate. He subsequently told her two court dates
were scheduled and postponed.
More than three
years after he was hired, Chavez had the client sign the required documents,
waived his fee and promised to file the papers to conclude the probate. He
never did so.
He stipulated
that he failed to perform legal services competently or respond to a
client’s status inquiries.
In mitigation,
he had no record of discipline since his 1990 admission to the bar, had severe
financial and family problems and engaged in extensive charitable activities.
ELLEN DOUGLAS
McGOLDRICK [#97721], 57, of Torrance was suspended for four years, stayed, placed on four years of probation with a
two-year actual 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. She received credit for a period of interim suspension that began Nov.
20, 2009. The order took effect Feb. 18, 2011.
McGoldrick
stipulated to three counts of misconduct following three convictions for misdemeanor
shoplifting.
She pleaded no
contest to petty theft in 2002 after taking merchandise worth $391 from a
Long’s drugstore. In 2005, she took $96 worth of merchandise from a
Von’s and pleaded no contest to misdemeanor petty theft with a prior. In
2008, she left a Rite-Aid store with four items in her purse and pleaded no
contest to felony petty theft with priors. Pursuant to a plea agreement, the
felony was reduced to a misdemeanor and the priors were stricken.
In mitigation,
she had no prior record in 20 years of practice and was inactive at the time of
the incidents, she cooperated with the bar’s investigation and she had
personal problems involving depression and excessive use of alcohol. She
underwent treatment for those conditions.
MICHAEL
STUART PRATTER [#40277], 70, of El Cajon was suspended for three years, 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 Feb. 18, 2011.
Pratter
stipulated to four counts of failing to comply with probation conditions
attached to two disciplinary orders.
In 1998, he was
suspended and ordered to make restitution, but his probation was extended four
times because he did not make restitution. His misconduct included failures to
refund unearned fees and deposit client funds in a trust account and he
disobeyed a court order and practiced without a license.
In 2006, he was
diagnosed with bipolar disorder and began taking lithium, which resulted in
hospitalization for mental and physical problems. When the probation ended in
2007, he owed the Client Security Fund $6,167 plus interest, and owed two
clients more than $16,000 plus interest. He also submitted 13 quarterly reports
late. He stipulated that he failed to comply with probation conditions.
He was again
disciplined in 2004, and again stipulated that he violated probation by
submitting 15 probation reports late. He admitted that he commingled personal and client funds
in his trust account, used the account to pay expenses unrelated to
attorney-client matters and failed to properly maintain client funds in a trust
account.
In mitigation,
he cooperated with the bar’s investigation and agreed to complete
restitution.
In two orders
that took effect Feb. 23, 2011, PIERCE HENRY O’DONNELL [#81298], 64,
of Los Angeles 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 and
comply with rule 9.20 of the California Rules of Court.
Following
convictions for five misdemeanor counts of using a false name in making
political contributions, O’Donnell was admitted to the Alternative
Discipline Program when he showed a connection between his actions and his
mental health issues. He was terminated from the program and given a harsher
penalty than had he completed the ADP.
In 2000, he
pledged to raise $50,000 in political contributions for then-Los Angeles Mayor
James Hahn. According to the State Bar Court, when O’Donnell was unable
to raise the money, he advised his staff members, through his
assistant, that he would reimburse them for their political contributions to
Hahn’s campaign. As a result, 26 individuals contributed to Hahn’s
campaign with the understanding that O’Donnell would reimburse each for
his or her contribution.
In 2004,
O’Donnell was charged with 26 misdemeanor counts of using a false name to
make political contributions. He was convicted of five misdemeanor counts as
part of a plea agreement, and the remaining counts were dismissed.
LEONIE
ELISABETH DAVIS [#224575], 48, of El Dorado Hills was suspended for two years, stayed,
placed on three years of probation with a one-year actual suspension and she
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 Feb. 27, 2011.
Davis stipulated
that she did not comply with probation conditions attached to a 2007
disciplinary order. She failed to contact a probation monitor within the
required 30 days, update her address and telephone number in a timely fashion
or complete restitution, and she submitted eight quarterly reports late or not
at all.
In the
underlying discipline, she stipulated
that she improperly withdrew from employment, failed to account for client
funds, refund unearned fees or keep her client reasonably informed about
developments in her case.
In mitigation,
she cooperated with the bar’s investigation and she was under severe
financial stress.
BEN EDWARD
LOFSTEDT [#59678], 70, of Fullerton was suspended for two years, stayed, placed on two years of probation with an
actual 30-day suspension and he was ordered to take the MPRE within a year. The
order took effect Feb. 27, 2011.
Lofstedt
stipulated to three counts of misconduct in two matters.
He was hired for
$2,500 to submit an offer in compromise to the IRS for his clients. He did not
respond to two faxes and a letter from the clients asking for the status of
their case and he did not file the offer with the IRS. He did not refund the
unearned fee.
In the second
matter, he represented the wife in a divorce matter for which he was hired
after one trial day was completed. He appeared at trial and received $30,000 as
advance attorney fees by order of the court. Two months later, he was relieved
as counsel at his request and was ordered to return any unearned fees and
account for the client’s funds to the court-appointed receiver. Sixteen
months later, he provided an accounting to the lawyer for his client’s
ex-husband.
He stipulated
that he disobeyed a court order and failed to perform legal services
competently or communicate with clients.
Lofstedt also
was disciplined in 1994.
LEE ALLEN
McCOY [#153631], 47, of Santa Barbara was suspended for four years, stayed, placed on five years of probation with an
actual three-year suspension and until he makes restitution and he was ordered
to take the MPRE and comply with rule 9.20 of the California Rules of Court.
The order took effect Feb. 27, 2011.
The State Bar
Court found that McCoy committed 38 acts of misconduct in nine matters,
including failing to perform
competently, release client files, refund $33,929.53 in unearned fees, respond
to client inquiries, account for client funds or cooperate with the bar’s
investigation and he committed acts of moral turpitude.
All of the cases
involved clients who had dispute with the Department of Motor Vehicles, six for
DUIs. Typically, McCoy did not do the work he was hired for, and he
didn’t return his clients’ phone calls or refund their fees.
The bar asked
for McCoy’s disbarment because he abandoned nine clients without
returning their fees, showing “a blatant disregard of professional
responsibilities.” However, the court found that he accepted
responsibility for his misconduct and “has shown that he is determined to
be fully rehabilitated and is anxious to resume a productive professional life
as an attorney, as evidenced by his entering the Sober Living House, committing
to the (Lawyer Assistance Program) and engaging in ongoing mental health
treatment.”
McCoy was disciplined
in 2003 for practicing law
while suspended for non-payment of bar dues. In mitigation, he suffered from extreme emotional
difficulties and alcoholism, for which he received treatment, he cooperated
with the bar’s investigation, presented evidence of his good character
and has done extensive community service.
NATHANIEL
DALE EZEKIEL STERLING [#215734], 34, of Fair Oaks was suspended for four years, stayed,
placed on five years of probation with a two-year 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 Feb. 27,
2011.
Sterling
stipulated to 23 counts of misconduct in seven matters. In five cases, he
entered into agreements with his clients permitting him to charge $250 per hour
or 50 percent of the gross recovery, whichever was larger. He ended up charging
fees that exceeded the clients’ recovery. He also committed acts of moral
turpitude by entering into ambiguous fee agreements and failing to account for
his fees. Prior to settling several matters, he did not tell his clients he was
billing at the hourly rate and that his fees would exceed the settlement.
In one matter,
Sterling’s fees and costs were $37,683 and the client’s net was
-$4,655. In another, he charged $46,363 for a judgment of less than $6,000.
Another was charged $13,626 for a $13,000 settlement.
During a
mediation in which Sterling represented a client on a sexual harassment claim,
he told the client he would not take more than 50 percent of the settlement but
did not say he would charge her on an hourly basis. Based on that assertion,
the client agreed to a $75,000 settlement. In a disbursement letter, Sterling
included an 18-page billing statement (the only statement he ever gave the
client) indicating his fees and costs totaled $78,763. Sterling never told the
client his fees and costs exceeded the amount of the settlement.
After the client
complained to the State Bar, he agreed to refund $20,000 to the client in
exchange for her agreement to withdraw the complaint.
In another
matter, Sterling withdrew from a civil matter, substituting his clients in pro
per without telling them or obtaining the court’s approval. He was
sanctioned $1,020 but did not pay the sanction for almost three years. He also
failed to maintain $26,950 of another client’s settlement funds in trust
when the client disputed his fee. He told that client his net recovery was
-$34,262.
“There are
simply no cases that mirror (Sterling’s) overreaching in collecting
unconscionable fees from multiple clients,” according to the stipulation,
in which the bar said disbarment would be appropriate. However, the bar agreed
to a lesser discipline in light of Sterling’s “youth and
inexperience.”
STANLEY
ZEIGLER WHITE [#118616], 76, of Beverly Hills was suspended for two years, 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 Feb. 27, 2011.
White stipulated
that he failed to perform legal services competently by not properly
supervising his staff in a personal injury case. He received a settlement check
for $5,800 and paid the client her share. Several months later, she received a
letter from a medical provider indicating it had not been paid and was seeking
payment from her. White’s staff did not give him the client’s
messages over the next six months, although he eventually paid the bill.
White was
privately reproved in 2001 and in 2005 was suspended and placed on probation
for commingling and failing to pay a medical lien. In mitigation, he cooperated
with the bar’s investigation, acted in good faith, demonstrated remorse
and the client wasn’t harmed.
The probation of NOLAN ANTHONY DelCAMPO [#152113], 49, of Fair Oaks was revoked, and he
was placed on two years of probation with an actual 60-day suspension. The
order took effect March 3, 2011.
DelCampo
violated the terms of a 2009 disciplinary order by submitting four quarterly
probation reports late and failing to provide proof of attendance at ethics
school. The underlying discipline was imposed for failure to comply with a 2004
probation imposed after DelCampo stipulated to misconduct in two cases. He
admitted he had an improper
business relationship with a non-lawyer, failed to perform legal services
competently, misled the court, disobeyed a court order and failed to report
sanctions to the bar.
NANA SERWAAH
GYAMFI [#171480], 43, of Los Angeles was suspended for two years, stayed, placed on two years of probation and was
ordered to take the MPRE within a year. The order took effect March 4, 2011.
Gyamfi
stipulated that she employed a suspended California lawyer without notifying
the State Bar. The other lawyer worked on a criminal appeal Gyamfi was
handling.
She
was disciplined in 2006 after stipulating to misconduct in four matters. She
practiced law while suspended for nonpayment of bar dues and failed to refund
advance fees or update her membership records with the bar after changing her
office address.
In
mitigation, she presented evidence of her good character.
LARRY PAUL
JAMES [#183769], 45, of Sacramento was suspended for one year, stayed, placed on two years of probation with an
actual 90-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 March 4, 2011.
The State Bar
Court found that James committed seven acts of misconduct in four immigration matters.
He failed to perform legal services competently, refund unearned fees,
communicate with clients or cooperate with the bar’s investigation. The
court pointed out that three clients, one with two handicapped children and
financial problems, had to find other counsel at a cost of $15,000. Another client
suffered a direct loss of not being paid in a timely matter.
While
representing a couple before the Board of Immigration Review, James did not
file a brief and the appeal was denied. Without telling the clients he never
filed a brief, he agreed to file a motion to reconsider, which also was filed
late and was denied. The bar court found that James’ services “were so deficient as to be
worthless.” He did not refund the client’s advance $7,500 fee. The
court also rejected his “attempt to shift the blame to his client for his
inaction,” and called the late filing inexcusable.
Another client who hired James to help with an
immigration matter so she could petition to bring her married daughter to the
United States later changed her mind and James agreed to refund the $1,800 fee.
However, his office was in disarray and although James thought a refund check
was mailed, he did not follow through until the State Bar intervened.
James
filed an application for asylum and cancellation of removal for another client.
The application was denied and the client was ordered removed but she
didn’t leave the country. Although James’ contract with the client
did not call for him to represent her on appeal, he agreed to do so because, he
said, he felt sorry for her. He filed the appeal one day late and it was
denied.
James
did nothing to correct the untimeliness of the appeal nor did he explain the
significance of the dismissal to the client. He also didn’t tell her that
her failure to leave the U.S. voluntarily had an effect on her status. When she
appeared for an interview to adjust her status and reapply for admission, she
was told the Bureau of Citizenship and Immigration Services did not have
jurisdiction because she was in removal proceedings. She was not taken into custody
because she had a baby with her. James missed a subsequent appointment and the
client hired a new lawyer who got the case reopened due to “ineffective
assistance of counsel.”
In
another asylum matter, James did not file a motion to reopen a dismissal on
time nor did he request a stay from removal. Again the bar court found that
James’ services “were
so deficient as to be worthless” and his failure to file a required
motion on time was “incompetent.” He did not earn nor refund any of
the $3,600 fee.
In mitigation,
he practiced for eight and a half years without a discipline record, had
financial and emotional difficulties and presented evidence of his good
character.
KENNETH BRUCE
TISHGART [#96206], 57, of Corte Madera was suspended for four years, stayed, placed on five years of probation with an
actual 18-month 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 March 4, 2011.
Tishgart
stipulated that in a single matter, he misappropriated client funds through
gross negligence, committing an act of moral turpitude, and he unilaterally
paid himself fees, violating a court order.
In a personal
injury case, he was hired to obtain reimbursement for nursing services for a
minor. There was no fee agreement and he settled the matter for $100,000. The
court ordered that Tishgart receive fees of $20,743, but he believed he also
was entitled to a portion of an award to the minor’s mother and paid
himself $4,805. He did not obtain the mother’s consent or notify her he
was taking the fee. After she disputed the fee, he refunded the money to the
mother.
Tishgart was
publicly reproved in 1992 and last year, he was suspended after the bar court
found he committed misconduct
in two personal injury cases; he failed to perform legal services competently or adequately supervise a contract
attorney. In mitigation, he
cooperated with the bar’s investigation and took steps to demonstrate his
remorse.
JOHN A.
HURLEY [#145907], 56, of Anaheim was suspended for four years, stayed, placed on four years of probation with a
three-year actual suspension and until he makes restitution, pays sanctions and
proves his rehabilitation, and he was ordered to take the MPRE and comply with
rule 9.20 of the California Rules of Court. He received credit for a period of
inactive enrollment that began April 23, 2008. The order took effect March 11,
2011.
Hurley
successfully completed the Alternative Discipline Program after demonstrating a
connection between his mental health issues and his misconduct. He stipulated
to 55 acts of misconduct in 16 matters, including: failures to promptly refund
unearned fees, perform legal services competently, account for client funds,
return client files, respond to client inquiries, pursue only just cases,
report sanctions and a malpractice judgment to the State Bar or cooperate with
the bar’s investigation, and he abandoned seven clients, disobeyed court
orders and engaged in the unauthorized practice of law.
One client won a
$25,000 malpractice judgment against Hurley by default as a result of his
failures to perform competently in her child custody case. He made three
payments before halting additional payments, and the court ordered several
civil bench warrants against him for missing hearings. When questioned by the
State Bar about the malpractice judgment, he claimed he had reported it but in
fact he did not.
Another client
paid $27,500 in advance fees for Hurley to handle one criminal and three civil
matters. He did not serve the defendants, appear at seven hearings or case
management conferences, notify his client about court dates, keep records of
client funds or pay court-ordered sanctions.
Hurley was
disciplined four times previously; two private reprovals, one public reproval
and a 2003 suspension. He owes $48,255 to 13 clients and he must pay sanctions
totaling $8,150.
BRUCE GORDON
JONES [#43448], 70, of Oxnard was suspended for one year, stayed, placed on two years of probation with an
actual 30-day suspension and he was ordered to take the MPRE within one year.
The order took effect March 11, 2011.
Jones stipulated
to six counts of misconduct in two matters. In the first, he was hired in 2001
to eliminate or modify support payments to his client’s ex-wife due to
changed circumstances. He worked on the case for about 10 months and although
he did nothing further, he continued to send monthly billing statements to the
client for the next four years. Unaware that Jones was no longer working on his
matter, the client sent him new information about his ex-wife who, although she
spent most of her time out of the country, was scheduled for a court
appearance. The client explained it was important to act quickly so the former
wife could be served with the modification order before she left the country
again.
Jones did
nothing and the client lost his opportunity to obtain a reduction in support
payments. Jones did not return the client’s many phone calls or refund
nearly $1,000 in unearned fees.
Another client
paid Jones an advance $7,500 fee to complete her divorce and he represented her
through trial. However, he never completed the final judgment and for two
years, did not contact his client. She hired a new lawyer, but Jones did not
sign a substitution form or return the file.
He stipulated
that he failed to perform legal services competently, respond to a
client’s status requests, refund an unearned fee or return a client file,
and he disobeyed a court order.
Jones was
publicly reproved in 1992 for misdemeanor dissuading a witness from prosecuting
a crime. In mitigation, he cooperated with the bar’s investigation.
STEVEN LANCE
MAZZA [#101076], 54, of Beverly Hills 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 within one year
and comply with rule 9.20 of the California Rules of Court. The order took
effect March 11, 2011.
Mazza stipulated
to 17 counts of misconduct in six matters, including misappropriating funds
from clients who were forced to pay their medical bills. Some had gone to
collection and the clients had to pay interest as well.
He did not
comply with probation conditions attached to a 2004 discipline imposed for
charging an unconscionable fee and failing to account for client funds, and he
practiced law while suspended for non-payment of bar dues in 2005.
In a personal
injury case, he did not pay one of his client’s doctors for four years,
didn’t pay another at all and didn’t pay the hospital for five
years. He also failed to disburse more than $10,000 in settlement funds to his
client for six years, and stipulated that he misappropriated that amount,
committing an act of moral turpitude.
His misconduct
was similar in another personal injury case when he did not pay his
client’s doctor and did not disburse $10,000 in settlement funds to the
client for more than four years. He stipulated that he misappropriated that
amount, committing an act of moral turpitude.
In addition,
Mazza admitted he failed to respond promptly to his clients’ status
inquiries, perform legal services competently, update his contact information
with the bar or cooperate with its investigation.
In addition to
the 2004 discipline, Mazza was suspended and placed on probation last year
after he successfully completed the Alternative Discipline Program and
stipulated to 63 counts of misconduct in 18 consolidated matters. In
mitigation, he experienced significant personal and family problems that caused
extreme emotional and mental problems and severely affected his legal practice.
He addressed his problems through the ADP. He also made restitution to his
clients and their doctors.
JAMES GERHART
PRICE [#119324], 54, of Brentwood was suspended for one year, stayed, and placed on one year of probation with a
60-day actual suspension and he was ordered to take the MPRE within one year.
The order took effect March 11, 2011.
Price stipulated
to three counts of misconduct in a Chapter 13 bankruptcy matter he filed for a
client. He sent another attorney to a creditors meeting without his
client’s authorization and he didn’t inform the client of another
meeting that he didn’t attend. Instead, he appeared in court for another
client.
The client,
however, learned about the meeting and attended on her own, telling the court
she had sold her home. The court then confirmed her bankruptcy plan without
Price’s knowledge. Based on his assumption of what he thought would
happen at the hearing he missed, Price then notified the client her case was
dismissed and advised that she could re-file or put her house on the market.
Price, who is
also a licensed real estate broker, solicited his client five times to utilize
his broker’s services. He did not discuss his potential conflict of
interest with the client.
He stipulated
that he failed to perform legal services competently, keep his client informed
of significant developments in her case and he violated his duty of loyalty to
the client.
Price was
publicly reproved in 2007. In mitigation, he cooperated with the bar’s
investigation.
ROBERT FRANK
ZWIERLEIN [#138485], 48, of Mission Viejo was suspended for 12 months, stayed, placed on probation
for 24 months and was ordered to take the MPRE within one year. The order took
effect March 11, 2011.
Zwierlein
stipulated to five counts of misconduct in two matters.
An appeal of a
summary judgment order was dismissed and reinstated twice because Zwierlein
didn’t file requisite documents on time and he was sanctioned $1,000 by
the appellate court. He neither reported the sanction nor paid it.
In the second
matter, he filed a personal injury complaint for two clients but did not notify
them of numerous efforts to compel their discovery or of a $1,000 sanction
order. The case was dismissed.
Zwierlein stipulated
that he failed to perform legal services competently or keep clients apprised
of developments in their case and he disobeyed a court order.
In mitigation,
he had no prior discipline record, cooperated with the bar’s
investigation and he has serious health problems.
CLIFFORD
ALEXANDER DOVER [#169838], 54, of San Diego was suspended for two years, stayed, and was placed on
probation for three years with a one-year actual suspension and he was ordered
to take the MPRE within a year and comply with rule 9.20 of the California
Rules of Court. The order took effect March 20, 2011.
Dover stipulated
to two counts of misconduct in a discrimination matter he filed on behalf of a
woman and her two daughters, including misappropriating $7,000, an act of moral
turpitude.
In addition to
the women, Dover represented a foundation, also a plaintiff, as a contract
attorney. The court dismissed the action because it did not state a claim and
entered judgment in favor of the defendants. Dover appealed and then settled
for $25,000. Although the women approved the settlement, the foundation
didn’t know about it, and Dover asked the defendants to issue the
settlement check to him and the mother only.
He paid the
woman $18,000 as settlement of her and her daughters’ claims, but told
the foundation the deadline for filing an opening brief for the appeal was
extended and later asked for a 60-day extension. In fact, the appeal was
dismissed.
The foundation
served notice of Dover’s termination, but he resigned and asked the foundation
to allow him to continue the appeal, knowing all the while it had been
dismissed and he had misappropriated $7,000 from the settlement money. He made a
series of misrepresentations to the foundation.
In mitigation,
Dover had no prior discipline record, he suffered from work-related stress and
depression and he presented evidence of his good character.
ERIC ARTHUR
FORSTROM [#237695], 35, of Huntington Beach was suspended for two years, stayed,
placed on two years of probation with a one-year actual suspension and he was
ordered to take the MPRE and comply with rule 9.20 of the California Rules of
Court. He received credit for an interim suspension that began Sept. 29,
2009. The order took effect March 20, 2011.
Forstrom was
convicted of felony insurance fraud in 2009, although the court later reduced
the charge to a misdemeanor. Following an automobile accident, he abandoned his
car and reported it stolen. The police did not take a stolen auto report at the
time because they knew the car was involved in a hit-and-run and had been
impounded. The same day, Forstrom reported the car stolen to his insurance company,
claiming he hadn’t seen the car since the evening before the accident. He
gave the claims representative a notarized theft affidavit and even when she
told him there were witnesses and he had collision coverage, he pressed for a
theft claim.
He withdrew the
theft claim a couple of months later, but was charged criminally with filing
and writing a fraudulent insurance claim, and making a misleading oral
statement. He pleaded guilty to making a false insurance statement and was
ordered to complete 250 hours of community service and enroll in the Mothers
Against Drunk Driving program. Because he successfully completed his sentence,
the conviction was reduced to a misdemeanor. He reported himself to the State
Bar.
In mitigation,
Forstrom has no prior discipline record, cooperated with the bar’s
investigation, reported the conviction to the bar, and he presented evidence of
his good character.
MANSOUR SIG
HADDAD [#172061], 45, of San Luis Obispo 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 and comply with
rule 9.20 of the California Rules of Court. The order took effect March 20,
2011.
Haddad
stipulated that he committed 10 acts of misconduct for five convictions
involving alcohol abuse. He was twice convicted of misdemeanor public
intoxication, two misdemeanor DUIs and one misdemeanor driving with a blood
alcohol content of more than .08 percent with priors.
In
mitigation, he has no prior discipline record.
Haddad
also was convicted earlier this year of elder abuse, a matter that is pending
before the State Bar Court.
KEVIN MICHAEL
HARR [#149572], 45, of Santa Monica 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 March 20, 2011.
Harr stipulated
that he wrote a check against insufficient funds in his client trust account,
failed to properly manage his trust account and did not cooperate with a State
Bar investigation. At the time he wrote the check, for a $320 filing fee in a
divorce matter, he believed there was enough money in the account to cover the
fee. Instead, the balance was three cents.
By the time he
learned about the bounced check, his client’s wife had filed for divorce.
The client decided to apply his attorney fees to other matters so Harr made no
effort to make the check good and allowed the court to cancel the dissolution
filing. The client eventually obtained a divorce.
In another
matter, he wrote a $20 check for filing fees when there was enough money in his
account to cover it. However, he then withdrew funds exceeding what should have
been the balance and the check was not honored. When he realized his mistake,
he deposited $20 in his account to cover the check which was later honored.
In mitigation,
Harr had no prior discipline record, no clients were harmed and he cooperated
with the bar’s investigation.
BRIAN D.
McMAHON [#147662], 54, of Hawthorne was suspended for three years, stayed, placed on three years of
probation with a two-year 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 March 20, 2011.
McMahon stipulated to 10 counts of misconduct in three
matters, including misappropriating more than $18,000 from three clients.
In one matter, he wrote checks against insufficient funds
in his client trust account, commingled funds, used the trust account to pay
personal expenses and persuaded a client to deposit more than $57,000 in
settlement funds in his trust account. Although he made various payments on
behalf of the client, he allowed the balance in the account to fall below the
required amount and stipulated that he misappropriated $6,300 from her.
He received a $14,000 settlement for another client who was
entitled to $8,400. However, the balance fell to a negative amount, and McMahon
admitted he misappropriated $8,400.
In another matter, he received more than $50,000 as
settlement of a minor’s personal injury matter. Although he paid the
family $30,000, he did not reimburse an insurer $5,300 that had been paid for
the child’s medical care. McMahon negotiated a lesser amount that he paid
after the child’s father complained to the bar. He stipulated that he
allowed the balance in his trust account to fall below the required amount and
misappropriated $3,791.
McMahon substituted into an unlawful detainer matter
without filing a substitution, and although he met the client at the courthouse
just before the trial was to start, he left without notice to the court. The
client told the judge McMahon reeked of alcohol and that he had fired him.
McMahon missed subsequent hearings and disobeyed a court
order to submit evidence of his attendance at an alcohol treatment program. He
stipulated that he abandoned his client, disobeyed a court order and failed to
perform legal services competently.
In mitigation, he had no prior discipline record, made
partial restitution to one client and has undergone treatment for alcoholism.
RIC
A. MILITELLO [#193675], 40, of San Diego was suspended for one year, stayed, actually suspended for six months
and until the State Bar Court terminates 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 March 20, 2011.
In a default proceeding, the bar court found that Militello
committed three acts of misconduct. He failed to update his address with the
bar, commingled funds in his trust account and made electronic payments against
insufficient funds. He repeatedly used his account for non-client related
purposes ― he paid his rent, vet bills and made Verizon payments from the
account. Two payments were made against insufficient funds.
In mitigation, he had no prior discipline record.
JOHN
MOLINA [#218637], 37 of Corona 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 March 20, 2011.
Molina stipulated to two counts of misconduct in a real
estate loan matter for which they paid a flat fee of $1,500. He communicated
with the lender but after a few months told the clients they had to pay him an
additional $1,500. They agreed but only if Molina showed them the letter he
planned to send the lender.
When he did not respond to their phone calls, they
complained to the bar. He offered to refund $1,000 if they would halt the
bar’s investigation. They agreed, he sent them the letter and gave them
$1,000.
He stipulated that he didn’t respond to his
clients’ reasonable status inquiries and he improperly asked his clients
to withdraw a disciplinary complaint in exchange for payment.
BRETT
A. PEDERSEN [#146341], 51, of Monte Rio 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 a year and comply with
rule 9.20 of the California Rules of Court. The order took effect March 20,
2011.
The
State Bar Court found that Pedersen committed acts of moral turpitude and tried
to mislead a judge in a breach of contract matter that began as a $483 billing
dispute and escalated into a $7,500
lawsuit in which Pedersen sued his client for fees and costs. Pedersen withdrew
from the case a year after he was hired and billed the client $483 for fees and
costs. When she refused to pay, he sued her for $7,500.
Pedersen refused
to talk to the client’s lawyer and said he would only respond by either
accepting or rejecting a written offer of settlement. The client offered
to settle for $1,000; Pedersen accepted if she would include $500 in costs.
Although Pedersen says he specifically asked for $1,500, the client’s
lawyer said the extra $500 was an unspecific, ballpark figure. The client sent
Pedersen two checks, for $1,000 and for $483, “representing the billed
costs.” Her attorney authorized Pedersen to cash the checks after
providing a request for dismissal of his lawsuit and either his social security
number or federal tax identification number.
Pedersen cashed
the checks and then tried to negotiate for more money believing he was entitled
to costs for the original breach of contract matter but also for the subsequent
lawsuit. He filed a motion for attorney’s fees of $2,337 from his lawsuit
for unpaid fees and asked that that amount be added to the earlier judgment.
The
client’s lawyer asked Pedersen to withdraw the motion for
attorney’s fees, to file a motion to set aside the judgment and to file a
request for dismissal pursuant to the settlement agreement. Instead, Pedersen
sent a check for $1,483, which the other lawyer returned.
Eventually, the
court dismissed the motion for attorney’s fees and Pedersen asked to have
the judgment set aside and the case dismissed.
Calling the
whole affair an “unwarranted saga,” State Bar Court Judge Pat McElroy
wrote, “This disciplinary matter demonstrates how an attorney, like
respondent Brett Alexander Pedersen, could easily tarnish public confidence in
the legal profession and degrade the high professional standards maintained by
attorneys.” She noted that he was disciplined in 2009 for similar
misconduct and criticized him for continuing to assert, “despite
overwhelming evidence to the contrary,” that he was entitled to cash the
checks and proceed with his lawsuit.
McElroy said
Pedersen’s lawsuit for
$7,494 “was completely out of proportion to a simple $483 billing
dispute. To further aggravate the situation, when the client offered to pay
$1,000 above and beyond the amount of the billing dispute, (Pedersen) demanded
that the settlement be $1,500, and not $1,483 ― a $17 difference.”
He then made misrepresentations to the court about the terms of the settlement
and sought additional attorney fees.
IVAN
PEDRO C. PORTO [#129629], 56, of
San Diego was suspended for one year, placed on
two years of probation and was ordered to take the MPRE. The order took effect
March 20, 2011.
Porto stipulated to two counts of misconduct in two
matters.
While handling an asylum application for a client, he did
not provide her new contact information to the court. Because she speaks
Portuguese, she did not understand what happened at a hearing, despite her
presence. Porto did not tell her the judge set a deadline for her to provide
her fingerprints to the Department of Homeland Security. She was ordered
removed from the U.S. after the court said she abandoned her application. Porto
did not notify the client about the removal order.
Porto moved his office and lost two boxes of files. He told
the client he didn’t inform her about the removal order because he
didn’t know how to reach her. He filed a notice to reopen her matter, but
didn’t tell her it would be based on ineffective counsel. His motions
were rejected as untimely and deficient. More than a year later, Porto told the
client her appeals were denied but still did not tell her about the removal
order.
He failed to appear at two hearings and an in-chambers
conference while representing a criminal defendant. When he appeared at a later
hearing and conference, he told the judge he didn’t represent the
defendant. He never became the attorney of record.
Porto stipulated that he failed to perform legal services
competently in both matters.
In mitigation, he has no discipline record in 23 years of
practice and he cooperated with the bar’s investigation.
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