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Nov. 1, 2006
Discipline Report
DISBARMENT
Rudolf Corona Jr., State Bar # 60868, Del Mar (July 18). Corona, 58, was disbarred for failure to comply with rule 955 of the Rules of Court.
In April 2005 the Review Department had ordered Corona suspended pending final disposition of a criminal proceeding in which he was charged with violating Health and Safety Code section 11377(a), possession of a controlled substance. The department also ordered Corona to comply with rule 955 of the Rules of Court by July 2005, but he failed to do so.
In aggravation, Corona failed to participate in the State Bar disciplinary proceedings prior to entry of his default. In mitigation, Corona had no record of prior discipline since being admitted to the bar in 1974.
The order took effect August 17.
Padam K. Khanna, State Bar # 85229, Berkeley (June 21). Khanna, 69, was disbarred for failure to avoid interests adverse to clients, misappropriating client funds, failure to return client files, failure to provide an accounting, making misrepresentations to the State Bar regarding client funds and files, and failure to cooperate with a bar investigation.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused substantial harm to clients. The Bar Court found Khanna's contentions and testimony to be false and that he misrepresented facts to the court. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct and displayed a lack of cooperation with the clients.
The order took effect July 21.
Clifford B. Malone Jr., State Bar # 66689, Diablo (July 25). Malone, 58, was disbarred in a Review Department opinion for improper solicitation, fraud, misappropriation, intentional misconduct, failure to maintain complete records of accounts, failure to respond to clients' reasonable status inquiries, and representing adverse interests without written disclosure to clients.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to the clients. The clients filed for bankruptcy and had to relocate out of state. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by refusing to admit his wrongdoing, and he failed to reimburse any of the costs to the clients. In mitigation, the Review Department gave some weight to Malone's lack of misconduct since being admitted to the bar in 1975. During the State Bar proceedings, Malone agreed to a partial stipulation of facts. He also submitted testimony from character witnesses, all of whom attested to his good character, honesty, integrity, and truthfulness.
The order took effect August 24.
Joseph C. Raineri, State Bar # 136192, Los Gatos (July 12). Raineri, 46, was disbarred for failure to perform legal services competently, improper withdrawal from representation, failure to tell clients about significant developments in their cases, engaging in acts of moral turpitude, failure to promptly inform a client he was in receipt of client funds, and failure to maintain client funds in trust.
In aggravation, Raineri had a record of prior discipline. He was disciplined for failure to return a client file, failure to return unearned fees, failure to perform legal services competently, failure to communicate, and failure to cooperate in three State Bar investigations. In the current matter, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. Also, he failed to participate during the Bar Court proceedings.
The order took effect August 11.
Eduardo M. Rivera, State Bar # 52737, Torrance (July 18). Rivera, 63, was disbarred after being found culpable of failure to support the Constitution, the laws of the United States, and the laws of California by violating Internal Revenue Code sections 6700 and 6701. He prepared, promoted, and sold opinion letters and offered legal representation and an asset-protection scheme he designed to educate and assist clients in avoiding the assessment or collection of their correct income tax. He advised clients to violate the law and engaged in acts of moral turpitude, dishonesty, or corruption.
In aggravation, Rivera had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing. The misconduct caused significant harm to clients and exposed them to IRS penalties, interest, criminal prosecution, and tax audits. Rivera's actions impeded the government's ability to collect taxes. Rivera also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect August 17.
Regina D. Steele, State Bar # 141596, San Diego (July 6). Steele, 50, was disbarred for failure to comply with rule 955 of the Rules of Court.
In February 2005 Steele was suspended for 30 days and until she made restitution of $1,250 to one client and until the State Bar Court granted a motion terminating the suspension. She was disciplined for failure to perform legal services competently, failure to communicate, improper withdrawal from representation, failure to release a client file, failure to return unearned fees, and failure to cooperate with a State Bar investigation.
Conditions to the discipline required Steele to, among other things, comply with rule 955 by notifying clients and opposing counsel of her suspension within 30 days and filing an affidavit of compliance within 40 days. She failed to file the affidavit and failed to provide an explanation to the State Bar for her noncompliance.
In aggravation, Steele had a record of prior discipline, the underlying matter. In the current disciplinary matter she demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failing to comply with rule 955. Also, she failed to participate in the bar's proceedings before entry of her default. In further aggravation, the Bar Court found that Steele demonstrated a contemptuous attitude toward the disciplinary proceedings and failed to comprehend the duty of an officer of the court to participate in the Bar Court matter.
The order took effect August 5.
David B. Weintraub, State Bar # 152571, Los Angeles (June 27). Weintraub, 46, was disbarred for failure to pay client funds promptly, failure to maintain client funds in trust, and misappropriating client funds.
In aggravation, the misconduct involved multiple acts of wrongdoing, including misappropriation of client funds. Weintraub also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect July 27.
RESIGNATION
The following attorneys resigned from the bar with unspecified disciplinary charges pending. Their resignations were accepted without prejudice to further disciplinary proceedings should they seek reinstatement.
Robert V. Beaudry, State Bar # 60541, El Dorado Hills (June 20). Beaudry, 59, resigned from the bar on May 22.
The resignation took effect July 20.
Cynthia C. Carlson, State Bar # 162254, Torrance (June 23). Carlson, 48, resigned from the bar on May 30.
The resignation took effect July 23.
Theodore S. Foor, State Bar # 191493, Carmichael (June 30). Foor, 35, resigned from the bar on June 20.
The resignation took effect July 30.
Jerome R. Hamilton, State Bar # 129128, Saratoga Springs, Utah (June 20). Hamilton, 54, resigned from the bar on May 16.
The resignation took effect July 20.
David E. Kronemyer, State Bar # 71554, Los Angeles (June 30). Kronemyer, 53, resigned from the bar on June 5.
The resignation took effect July 30.
Scott A. Smith, State Bar # 182359, Fullerton (July 25). Smith, 49, resigned from the bar on June 26.
The resignation took effect August 24.
Lawrence W. Taggart, State Bar # 58437, El Cajon (June 30). Taggart, 64, resigned from the bar on June 2.
The resignation took effect July 30.
Harvey D. Unrot, State Bar # 36209, Agua Dulce (June 30). Unrot, 69, resigned from the bar on June 2.
The resignation took effect July 30.
Michael S. Woodbury, State Bar # 183827, Sacramento (June 28). Woodbury, 38, resigned from the bar on May 24.
The resignation took effect July 23.
Michael T. Wurzburg, State Bar # 219101, Huntington Beach (June 20). Wurzburg, 56, resigned from the bar on May 17.
The resignation took effect July 20.
SUSPENSION
Peter H. Blunt, State Bar # 153392, Centennial, Colorado (July 25). Blunt, 60, was suspended for three years and until he has shown proof of his rehabilitation, fitness to practice, and learning and ability in the law. He also was placed on five years of probation. He was disciplined in California after being found culpable of misconduct in Colorado for engaging in the unauthorized practice of law.
In aggravation, Blunt had a record of prior discipline. In mitigation, no clients were harmed by the misconduct, and he acted in good faith. He cooperated with the State Bar during its investigation and proceedings, and he demonstrated remorse for his misconduct. Also, at the time of the misconduct he suffered from severe financial stress.
The order took effect August 24.
David E. Fetterman, State Bar # 189990, Lafayette (June 9). Fetterman, 48, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for two years and until he provides proof of his rehabilitation, fitness to practice, and learning and ability in the law. Fetterman will remain suspended until he has shown proof of attending and passing State Bar ethics school and until he makes restitution of $1,200 to two clients. He was given credit toward the period of actual suspension for the period of involuntary inactive enrollment, which began on April 2. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In August 2003 Fetterman was suspended for one year and placed on two years of probation for failure to comply with the laws of California. He was convicted of possessing child pornography material, a misdemeanor. He was suspended for failure to perform legal services competently; failure to promptly notify a client he was in receipt of client funds; failure to promptly return unearned fees; failure to maintain complete records of client funds; failure to communicate; improper withdrawal from representation; and failure to cooperate with a bar investigation. He failed to comply with the imposed conditions by failing to submit quarterly probation reports for July and October 2004, January through October 2005, and January 2006. He failed to attend the bar's ethics school, failed to make restitution to the client security fund, failed to submit proof of psychiatric or psychological treatment, and failed to submit a report regarding compliance with the conditions to his criminal probation.
In aggravation, Fetterman had a record of prior discipline, the 2003 and 2005 underlying matters. Also, the misconduct involved multiple acts of wrongdoing.
The order took effect July 9.
Janet A. Galeno, State Bar # 114814, Foster City (June 13). Galeno, 55, was suspended for 90 days and placed on two years of probation and until she makes restitution of $1,500 to a client. She was disciplined for engaging in the unauthorized practice of law, charging and collecting an illegal fee, failure to promptly release client papers and property, and failure to cooperate with a State Bar investigation.
In aggravation, Galeno had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. In mitigation, at the time of the misconduct Galeno experienced serious family problems. The Bar Court also found that she acted in good faith.
The order took effect July 13.
Philip J. Girardin, State Bar # 142664, Glendale (June 2). Girardin, 60, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for 90 days and placed on two years of probation for failing to comply with conditions to a previous disciplinary order.
In aggravation, Girardin had a record of prior discipline. In 2000 the underlying matter occurred. In 2002 Girardin's previous order of execution of suspension was extended six months, and the previous order of probation was extended one year for failure to comply with conditions to the 1993 discipline. In mitigation, in February 2006 Girardin was hospitalized for a kidney infection and depression. He had suffered the effects of the conditions for a period of three to four months before his hospitalization.
The order took effect July 2.
Elizabeth A. Guittard, a.k.a. Elizabeth A. Barranco, State Bar # 115421, San Diego (June 27). Barranco, 46, was suspended for one year and placed on four years of probation after being found culpable in ten client matters for failure to comply with conditions to a 2001 private reproval, failure to maintain client funds in trust, failure to perform legal services competently, relocating her office without notice to clients, improper withdrawal from representation, failure to keep a client reasonably informed about significant developments in a case, failure to promptly return unearned fees, failure to promptly release client files, engaging in acts of moral turpitude, and failure to cooperate with three State Bar investigations. Also, she was ordered to make restitution of $26,500 to three former clients.
In aggravation, Barranco had a record of prior discipline, a 2001 private reproval. In the current matter, the misconduct involved multiple acts of wrongdoing. In mitigation, beginning in 1992 Barranco suffered a series of severe family and financial problems that affected her ability to manage her law practice. Also, emotional issues regarding custody of her three children along with other family issues took time away from her practice.
The order took effect July 27.
Steven F. McNichols, a.k.a. Steven E. McNichols, State Bar # 151934, San Francisco (July 12). McNichols, 67, was suspended for 30 days and placed on two years of probation for failure to comply with conditions to a previous disciplinary order.
In aggravation, McNichols had a record of prior discipline. In June 2005 the underlying matter occurred. In mitigation, McNichols cooperated with the State Bar during its investigation and proceedings. Also, at the time of the misconduct, McNichols did not have any clients and was suffering from a bipolar disorder. Once contacted by the bar regarding a rule 955 affidavit, he cooperated by submitting the document.
The order took effect August 11.
Carleton S. Mills, State Bar # 84854, Santa Ana (July 18). Mills, 55, was suspended for 30 days and until he makes restitution of $1,500 to one client and until the State Bar Court grants a motion terminat-ing the suspension. He was disciplined for improper withdrawal from representation and failure to participate in the bar's investigation and proceedings.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused harm to a client. Also, Mills failed to cooperate during the State Bar investigation and proceedings. In mitigation, Mills had no record of prior discipline since being admitted to the bar in 1978.
The order took effect Aug. 17.
Garold L. Neely, State Bar # 189557, Stockton (July 18). Neely, 55, was suspended for 60 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for engaging in the unauthorized practice of law and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing. Also, Neely failed to participate in his disciplinary matter before entry of his default.
The order took effect August 17.
Robert B. Nesin, State Bar # 119368, Stockton (July 12). Nesin, 53, was suspended for 60 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failure to perform legal services competently, failure to keep a client informed about significant developments in a case, and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing. Also, Nesin failed to participate during the State Bar's investigation and proceedings.
The order took effect Aug. 11.
Robert M. Nusbaum, State Bar # 149672, Lancaster (June 9). Nusbaum, 43, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for two years and until he provides proof of his rehabilitation, fitness to practice, and learning and ability in the law. Nusbaum was given credit toward the period of actual suspension for his period of involuntary inactive enrollment, which began on April 7. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, Nusbaum had a record of prior discipline. In July 2006 the underlying matter occurred.
The order took effect July 9.
Steven J. Riggs, State Bar # 147745, Irvine (June 2). Riggs, 46, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for two years. Riggs was given credit toward the period of suspension during his period of involuntary inactive enrollment, which began on March 16. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, Riggs had a record of prior discipline. In April 2004 the underlying matter occurred.
The order took effect July 2.
Alan Schuchman, State Bar # 82722, Los Angeles (June 27). Schuchman, 58, was suspended in a Review Department opinion for two years and placed on probation for three years and until he has shown proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was disciplined for engaging in acts of moral turpitude, dishonesty, or corruption; misappropriating client funds; and failure to keep a client reasonably informed about significant developments in the client's case.
In aggravation, Schuchman had a record of prior discipline. In mitigation, during the period of misconduct Schuchman experienced extreme family and financial problems. Witness testimony attested to Schuchman's volunteer and community service work. Also, he cooperated with the State Bar during its investigation and proceedings.
The order took effect July 27.
Jaclyn Shandler, State Bar # 92480, Los Angeles (June 14). Shandler, 56, was suspended in a Review Department opinion for 60 days and placed on two years of probation after being found culpable in two client matters for failure to perform legal services competently, failure to communicate by failing to respond to client inquiries, failure to inform a client about significant developments in the case, failure to obey court orders, and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to a client. In mitigation, Shandler had no record of prior discipline since being admitted to the bar in 1980.
The order took effect July 14.
Jeanne P. Stenger, State Bar # 117713, Temecula (May 30). Stenger, 67, had her previously ordered probation revoked, the previously ordered stay of suspension lifted, and a new order issued in which she was suspended for one year and placed on two years of probation for failure to comply with conditions to a previous disciplinary order.
In aggravation, in 1994 and 1997 Stenger received private reprovals, and in October 2004 the underlying matter occurred. In the current discipline the misconduct involved multiple acts of wrongdoing. Stenger also demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failure to comply with the imposed conditions.
The order took effect June 29.
Gary M. Walters, State Bar # 134769, Los Angeles (June 19). Walters, 46, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for one year. Walters was given credit toward the period of suspension during his period of involuntary inactive enrollment, which began April 16. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, the misconduct involved multiple acts of wrongdoing by failure to comply with multiple conditions to the previous probation. The misconduct also caused significant harm to the administration of justice, the public, and the courts. Walters demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failure to promptly submit probation reports after being reminded to do so by the probation monitor.
The order took effect July 19.
Stephine M. Wells, State Bar # 113148, Tiburon (June 14). Wells, 62, was suspended in a Review Department opinion for six months, placed on two years of probation, and ordered to make restitution of $17,500 to two clients and other restitution that may be due to others. She was disciplined for engaging in the unauthorized practice of law, charging and collecting an illegal fee, failure to return unearned fees, failure to maintain client funds in trust, and engaging in acts of moral turpitude.
In aggravation, Wells had a record of prior discipline. In the current matter the misconduct involved eleven counts of misconduct in two client matters that caused significant harm to clients. She collected illegal and unconscionable fees in both cases and interfered with the state bars of California and South Carolina by presenting false and misleading information. Wells also demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failure to refund the fees and costs she wrongfully collected. In mitigation, Wells provided services to the clients and disclosed that she was licensed to practice in California. Also, she cooperated with the bar during its proceedings.
The order took effect July 14.
James H. Wharton, State Bar # 64718, Norco (May 31). Wharton, 63, was suspended for 60 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined after his conviction for violating Vehicle Code sections 23152(a) and (b), driving a vehicle while under the influence of alcohol, and driving with a blood alcohol level greater than .08 percent. In aggravation, Wharton failed to participate in the State Bar proceedings before entry of his default. In mitigation, Wharton had no record of prior discipline since being admitted to the bar in 1975.
The order took effect June 30.
Wayne Winrow, State Bar # 153632, Emeryville (June 27). Winrow, 54, was suspended for 120 days and placed on three years of probation after being found culpable in three matters for failure to perform legal services competently and failure to communicate with a client.
In aggravation, Winrow had a record of prior discipline. In the current matter the misconduct involved multiple acts of wrongdoing, including the unauthorized practice of law. In mitigation, Winrow cooperated with the State Bar and entered into a stipulation regarding his misconduct and the conclusions of law.
The order took effect July 27.
Gordon R. Wright, State Bar # 78644, El Cajon (June 9). Wright, 61, had his previously ordered stay of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for six months. Wright was given credit toward the period of suspension during his period of involuntary inactive enrollment, which began March 25. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, Wright had a record of prior discipline, the underlying matter. In the current matter the misconduct involved multiple acts of wrongdoing that caused harm to the administration of justice. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failure to comply with the conditions to the previous probation.
The order took effect July 9.
INTERIM SUSPENSION
Francis J. Bloomingdale, State Bar # 52935, La Mesa (May 26). Bloomingdale, 69, was placed on interim suspension after his conviction for violating Penal Code section 459, burglary. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect June 28.
Robert S. Gordon, State Bar # 116467, Tarzana (June 27). Gordon, 47, was placed on interim suspension after his conviction for violating 18 U.S.C. section 1343, fraud, a felony involving moral turpitude; and 15 U.S.C. sections 78j(b) and 78ff(a), making false and misleading statements and using manipulative devices in buying and selling securities, both felonies. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect July 28.
Matthew J. Hunter, State Bar # 221631, Palm Springs (July 18). Hunter, 32, was placed on interim suspension after his conviction for violating Health and Safety Code section 11377, possession of a controlled substance. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect August 14.
Vu H. Le, State Bar # 189966, San Diego (June 9). Le, 36, was placed on interim suspension after his conviction for violating Penal Code section 506, embezzlement; and Revenue and Taxation Code section 19706, failure to file a tax return or failure to supply information. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect July 12.
Marc B. Levine, State Bar # 149349, San Diego (July 21). Levine, 42, was placed on interim suspension after his conviction for violating Penal Code section 487(a), grand theft; section 182(a)(4), conspiring to cheat and defraud a person of property; and section 368(d), identity theft of an elder, all felonies. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect August 18.
Ronald O. Lyerla, State Bar # 44560, Redding (May 3). Lyerla, 66, was placed on interim suspension after his conviction for violating 18 U.S.C. section 2252(a)(4)(B), possession of material involving the sexual exploitation of minors. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect June 5.
Michael E. O'Neal, State Bar # 172829, Sacramento (May 9). O'Neal, 55, was placed on interim suspension after his conviction for violating 26 U.S.C. section 7206(2), aiding or assisting others in false statements as to any material matter. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect June 9.
Raymond B. Pasquini, State Bar # 189606, San Francisco (July 7). Pasquini, 54, was placed on interim suspension after his conviction for violating Vehicle Code section 23153, driving under the influence with a blood alcohol level greater than .08 percent. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect August 7.
PROBATION
James W. Bravos, State Bar # 138097, San Diego (June 13). Bravos, 51, was placed on four years of probation for failure to maintain client funds in trust, issuing checks against the client trust account when there were insufficient funds in the account, commingling funds, and making electronic withdrawals against the client trust account to pay for personal and business-related expenses.
In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Bravos had no record of prior discipline since being admitted to the bar in 1988. No clients were harmed by the misconduct. Also, he cooperated with the State Bar during its investigation and proceedings. During his period of misconduct Bravos experienced marital problems brought about by his wife's addiction to methamphetamines. His wife eventually abandoned Bravos and their five children.
The order took effect July 13.
Bruce L. Briggs, State Bar # 196750, Santa Ana (July 28). Briggs, 64, was placed on three years of probation for failure to perform legal services competently, failure to promptly return client papers and property, failure to provide an accounting, failure to return unearned fees, and failure to communicate by failing to respond to reasonable status inquiries. Also, he was ordered to make restitution of $14,000 to four clients.
In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Briggs had no record of prior discipline since being admitted to the bar in 1998. He cooperated with the State Bar during its investigation and proceedings.
The order took effect August 17.
David M. Browne, State Bar # 93576, Woodland Hills (May 31). Browne, 50, was placed on one year of probation for failure to perform legal services competently.
In aggravation, the misconduct caused significant harm to a client and the administration of justice. In mitigation, Browne had no record of prior discipline since being admitted to the bar in 1980.
The order took effect June 30.
Michael L. Challgren, State Bar # 137072, Hermosa Beach (June 13). Challgren, 46, was placed on three years of probation for failure to perform legal services competently, failure to communicate, and failure to respond to a client's reasonable status inquiries.
In aggravation, Challgren had a record of prior discipline. Also, the misconduct caused significant harm to a client.
The order took effect July 13.
Marc S. Feldman, State Bar # 108293, Los Angeles (June 13). Feldman, 47, was placed on three years of probation for advising another to submit misleading information in an insurance claim and failure to report judicial sanctions to the State Bar.
In mitigation, Feldman had no record of prior discipline since being admitted to the bar in 1983. At the time of the misconduct Feldman was involved in a contentious and bitter divorce and custody dispute that lasted from 1997 to 2003.
The order took effect July 13.
Sharon L. Lapin, State Bar # 165919, San Rafael (May 17). Lapin, 51, was placed on two years of probation for failure to perform legal services competently, failure to communicate by failing to respond to client inquiries, failure to return unearned fees, improper withdrawal from representation, failure to comply with an agreement in lieu of discipline, failure to promptly release a client file, failure to cooperate with a State Bar investigation, and seeking an agreement with a client to withdraw a State Bar complaint. Lapin was found culpable in 15 counts of misconduct in three client matters that occurred between August 2002 and February 2004.
In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Lapin had no record of prior discipline since being admitted to the bar in 1993.
The order took effect June 16.
The listings here are summaries of disciplinary action taken by the state Supreme Court or the State Bar Court for the dates noted and are provided by the State Bar Court. The summaries are comprehensive for the time period and do not reflect subsequent miscellaneous orders by the courts that may affect these matters. The date of the court's action is in parentheses. For more complete information on disciplinary proceedings contact the San Francisco Daily Journal.
Rudolf Corona Jr., State Bar # 60868, Del Mar (July 18). Corona, 58, was disbarred for failure to comply with rule 955 of the Rules of Court.
In April 2005 the Review Department had ordered Corona suspended pending final disposition of a criminal proceeding in which he was charged with violating Health and Safety Code section 11377(a), possession of a controlled substance. The department also ordered Corona to comply with rule 955 of the Rules of Court by July 2005, but he failed to do so.
In aggravation, Corona failed to participate in the State Bar disciplinary proceedings prior to entry of his default. In mitigation, Corona had no record of prior discipline since being admitted to the bar in 1974.
The order took effect August 17.
Padam K. Khanna, State Bar # 85229, Berkeley (June 21). Khanna, 69, was disbarred for failure to avoid interests adverse to clients, misappropriating client funds, failure to return client files, failure to provide an accounting, making misrepresentations to the State Bar regarding client funds and files, and failure to cooperate with a bar investigation.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused substantial harm to clients. The Bar Court found Khanna's contentions and testimony to be false and that he misrepresented facts to the court. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct and displayed a lack of cooperation with the clients.
The order took effect July 21.
Clifford B. Malone Jr., State Bar # 66689, Diablo (July 25). Malone, 58, was disbarred in a Review Department opinion for improper solicitation, fraud, misappropriation, intentional misconduct, failure to maintain complete records of accounts, failure to respond to clients' reasonable status inquiries, and representing adverse interests without written disclosure to clients.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to the clients. The clients filed for bankruptcy and had to relocate out of state. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by refusing to admit his wrongdoing, and he failed to reimburse any of the costs to the clients. In mitigation, the Review Department gave some weight to Malone's lack of misconduct since being admitted to the bar in 1975. During the State Bar proceedings, Malone agreed to a partial stipulation of facts. He also submitted testimony from character witnesses, all of whom attested to his good character, honesty, integrity, and truthfulness.
The order took effect August 24.
Joseph C. Raineri, State Bar # 136192, Los Gatos (July 12). Raineri, 46, was disbarred for failure to perform legal services competently, improper withdrawal from representation, failure to tell clients about significant developments in their cases, engaging in acts of moral turpitude, failure to promptly inform a client he was in receipt of client funds, and failure to maintain client funds in trust.
In aggravation, Raineri had a record of prior discipline. He was disciplined for failure to return a client file, failure to return unearned fees, failure to perform legal services competently, failure to communicate, and failure to cooperate in three State Bar investigations. In the current matter, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. Also, he failed to participate during the Bar Court proceedings.
The order took effect August 11.
Eduardo M. Rivera, State Bar # 52737, Torrance (July 18). Rivera, 63, was disbarred after being found culpable of failure to support the Constitution, the laws of the United States, and the laws of California by violating Internal Revenue Code sections 6700 and 6701. He prepared, promoted, and sold opinion letters and offered legal representation and an asset-protection scheme he designed to educate and assist clients in avoiding the assessment or collection of their correct income tax. He advised clients to violate the law and engaged in acts of moral turpitude, dishonesty, or corruption.
In aggravation, Rivera had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing. The misconduct caused significant harm to clients and exposed them to IRS penalties, interest, criminal prosecution, and tax audits. Rivera's actions impeded the government's ability to collect taxes. Rivera also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect August 17.
Regina D. Steele, State Bar # 141596, San Diego (July 6). Steele, 50, was disbarred for failure to comply with rule 955 of the Rules of Court.
In February 2005 Steele was suspended for 30 days and until she made restitution of $1,250 to one client and until the State Bar Court granted a motion terminating the suspension. She was disciplined for failure to perform legal services competently, failure to communicate, improper withdrawal from representation, failure to release a client file, failure to return unearned fees, and failure to cooperate with a State Bar investigation.
Conditions to the discipline required Steele to, among other things, comply with rule 955 by notifying clients and opposing counsel of her suspension within 30 days and filing an affidavit of compliance within 40 days. She failed to file the affidavit and failed to provide an explanation to the State Bar for her noncompliance.
In aggravation, Steele had a record of prior discipline, the underlying matter. In the current disciplinary matter she demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failing to comply with rule 955. Also, she failed to participate in the bar's proceedings before entry of her default. In further aggravation, the Bar Court found that Steele demonstrated a contemptuous attitude toward the disciplinary proceedings and failed to comprehend the duty of an officer of the court to participate in the Bar Court matter.
The order took effect August 5.
David B. Weintraub, State Bar # 152571, Los Angeles (June 27). Weintraub, 46, was disbarred for failure to pay client funds promptly, failure to maintain client funds in trust, and misappropriating client funds.
In aggravation, the misconduct involved multiple acts of wrongdoing, including misappropriation of client funds. Weintraub also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect July 27.
RESIGNATION
The following attorneys resigned from the bar with unspecified disciplinary charges pending. Their resignations were accepted without prejudice to further disciplinary proceedings should they seek reinstatement.
Robert V. Beaudry, State Bar # 60541, El Dorado Hills (June 20). Beaudry, 59, resigned from the bar on May 22.
The resignation took effect July 20.
Cynthia C. Carlson, State Bar # 162254, Torrance (June 23). Carlson, 48, resigned from the bar on May 30.
The resignation took effect July 23.
Theodore S. Foor, State Bar # 191493, Carmichael (June 30). Foor, 35, resigned from the bar on June 20.
The resignation took effect July 30.
Jerome R. Hamilton, State Bar # 129128, Saratoga Springs, Utah (June 20). Hamilton, 54, resigned from the bar on May 16.
The resignation took effect July 20.
David E. Kronemyer, State Bar # 71554, Los Angeles (June 30). Kronemyer, 53, resigned from the bar on June 5.
The resignation took effect July 30.
Scott A. Smith, State Bar # 182359, Fullerton (July 25). Smith, 49, resigned from the bar on June 26.
The resignation took effect August 24.
Lawrence W. Taggart, State Bar # 58437, El Cajon (June 30). Taggart, 64, resigned from the bar on June 2.
The resignation took effect July 30.
Harvey D. Unrot, State Bar # 36209, Agua Dulce (June 30). Unrot, 69, resigned from the bar on June 2.
The resignation took effect July 30.
Michael S. Woodbury, State Bar # 183827, Sacramento (June 28). Woodbury, 38, resigned from the bar on May 24.
The resignation took effect July 23.
Michael T. Wurzburg, State Bar # 219101, Huntington Beach (June 20). Wurzburg, 56, resigned from the bar on May 17.
The resignation took effect July 20.
SUSPENSION
Peter H. Blunt, State Bar # 153392, Centennial, Colorado (July 25). Blunt, 60, was suspended for three years and until he has shown proof of his rehabilitation, fitness to practice, and learning and ability in the law. He also was placed on five years of probation. He was disciplined in California after being found culpable of misconduct in Colorado for engaging in the unauthorized practice of law.
In aggravation, Blunt had a record of prior discipline. In mitigation, no clients were harmed by the misconduct, and he acted in good faith. He cooperated with the State Bar during its investigation and proceedings, and he demonstrated remorse for his misconduct. Also, at the time of the misconduct he suffered from severe financial stress.
The order took effect August 24.
David E. Fetterman, State Bar # 189990, Lafayette (June 9). Fetterman, 48, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for two years and until he provides proof of his rehabilitation, fitness to practice, and learning and ability in the law. Fetterman will remain suspended until he has shown proof of attending and passing State Bar ethics school and until he makes restitution of $1,200 to two clients. He was given credit toward the period of actual suspension for the period of involuntary inactive enrollment, which began on April 2. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In August 2003 Fetterman was suspended for one year and placed on two years of probation for failure to comply with the laws of California. He was convicted of possessing child pornography material, a misdemeanor. He was suspended for failure to perform legal services competently; failure to promptly notify a client he was in receipt of client funds; failure to promptly return unearned fees; failure to maintain complete records of client funds; failure to communicate; improper withdrawal from representation; and failure to cooperate with a bar investigation. He failed to comply with the imposed conditions by failing to submit quarterly probation reports for July and October 2004, January through October 2005, and January 2006. He failed to attend the bar's ethics school, failed to make restitution to the client security fund, failed to submit proof of psychiatric or psychological treatment, and failed to submit a report regarding compliance with the conditions to his criminal probation.
In aggravation, Fetterman had a record of prior discipline, the 2003 and 2005 underlying matters. Also, the misconduct involved multiple acts of wrongdoing.
The order took effect July 9.
Janet A. Galeno, State Bar # 114814, Foster City (June 13). Galeno, 55, was suspended for 90 days and placed on two years of probation and until she makes restitution of $1,500 to a client. She was disciplined for engaging in the unauthorized practice of law, charging and collecting an illegal fee, failure to promptly release client papers and property, and failure to cooperate with a State Bar investigation.
In aggravation, Galeno had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. In mitigation, at the time of the misconduct Galeno experienced serious family problems. The Bar Court also found that she acted in good faith.
The order took effect July 13.
Philip J. Girardin, State Bar # 142664, Glendale (June 2). Girardin, 60, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for 90 days and placed on two years of probation for failing to comply with conditions to a previous disciplinary order.
In aggravation, Girardin had a record of prior discipline. In 2000 the underlying matter occurred. In 2002 Girardin's previous order of execution of suspension was extended six months, and the previous order of probation was extended one year for failure to comply with conditions to the 1993 discipline. In mitigation, in February 2006 Girardin was hospitalized for a kidney infection and depression. He had suffered the effects of the conditions for a period of three to four months before his hospitalization.
The order took effect July 2.
Elizabeth A. Guittard, a.k.a. Elizabeth A. Barranco, State Bar # 115421, San Diego (June 27). Barranco, 46, was suspended for one year and placed on four years of probation after being found culpable in ten client matters for failure to comply with conditions to a 2001 private reproval, failure to maintain client funds in trust, failure to perform legal services competently, relocating her office without notice to clients, improper withdrawal from representation, failure to keep a client reasonably informed about significant developments in a case, failure to promptly return unearned fees, failure to promptly release client files, engaging in acts of moral turpitude, and failure to cooperate with three State Bar investigations. Also, she was ordered to make restitution of $26,500 to three former clients.
In aggravation, Barranco had a record of prior discipline, a 2001 private reproval. In the current matter, the misconduct involved multiple acts of wrongdoing. In mitigation, beginning in 1992 Barranco suffered a series of severe family and financial problems that affected her ability to manage her law practice. Also, emotional issues regarding custody of her three children along with other family issues took time away from her practice.
The order took effect July 27.
Steven F. McNichols, a.k.a. Steven E. McNichols, State Bar # 151934, San Francisco (July 12). McNichols, 67, was suspended for 30 days and placed on two years of probation for failure to comply with conditions to a previous disciplinary order.
In aggravation, McNichols had a record of prior discipline. In June 2005 the underlying matter occurred. In mitigation, McNichols cooperated with the State Bar during its investigation and proceedings. Also, at the time of the misconduct, McNichols did not have any clients and was suffering from a bipolar disorder. Once contacted by the bar regarding a rule 955 affidavit, he cooperated by submitting the document.
The order took effect August 11.
Carleton S. Mills, State Bar # 84854, Santa Ana (July 18). Mills, 55, was suspended for 30 days and until he makes restitution of $1,500 to one client and until the State Bar Court grants a motion terminat-ing the suspension. He was disciplined for improper withdrawal from representation and failure to participate in the bar's investigation and proceedings.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused harm to a client. Also, Mills failed to cooperate during the State Bar investigation and proceedings. In mitigation, Mills had no record of prior discipline since being admitted to the bar in 1978.
The order took effect Aug. 17.
Garold L. Neely, State Bar # 189557, Stockton (July 18). Neely, 55, was suspended for 60 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for engaging in the unauthorized practice of law and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing. Also, Neely failed to participate in his disciplinary matter before entry of his default.
The order took effect August 17.
Robert B. Nesin, State Bar # 119368, Stockton (July 12). Nesin, 53, was suspended for 60 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failure to perform legal services competently, failure to keep a client informed about significant developments in a case, and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing. Also, Nesin failed to participate during the State Bar's investigation and proceedings.
The order took effect Aug. 11.
Robert M. Nusbaum, State Bar # 149672, Lancaster (June 9). Nusbaum, 43, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for two years and until he provides proof of his rehabilitation, fitness to practice, and learning and ability in the law. Nusbaum was given credit toward the period of actual suspension for his period of involuntary inactive enrollment, which began on April 7. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, Nusbaum had a record of prior discipline. In July 2006 the underlying matter occurred.
The order took effect July 9.
Steven J. Riggs, State Bar # 147745, Irvine (June 2). Riggs, 46, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for two years. Riggs was given credit toward the period of suspension during his period of involuntary inactive enrollment, which began on March 16. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, Riggs had a record of prior discipline. In April 2004 the underlying matter occurred.
The order took effect July 2.
Alan Schuchman, State Bar # 82722, Los Angeles (June 27). Schuchman, 58, was suspended in a Review Department opinion for two years and placed on probation for three years and until he has shown proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was disciplined for engaging in acts of moral turpitude, dishonesty, or corruption; misappropriating client funds; and failure to keep a client reasonably informed about significant developments in the client's case.
In aggravation, Schuchman had a record of prior discipline. In mitigation, during the period of misconduct Schuchman experienced extreme family and financial problems. Witness testimony attested to Schuchman's volunteer and community service work. Also, he cooperated with the State Bar during its investigation and proceedings.
The order took effect July 27.
Jaclyn Shandler, State Bar # 92480, Los Angeles (June 14). Shandler, 56, was suspended in a Review Department opinion for 60 days and placed on two years of probation after being found culpable in two client matters for failure to perform legal services competently, failure to communicate by failing to respond to client inquiries, failure to inform a client about significant developments in the case, failure to obey court orders, and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to a client. In mitigation, Shandler had no record of prior discipline since being admitted to the bar in 1980.
The order took effect July 14.
Jeanne P. Stenger, State Bar # 117713, Temecula (May 30). Stenger, 67, had her previously ordered probation revoked, the previously ordered stay of suspension lifted, and a new order issued in which she was suspended for one year and placed on two years of probation for failure to comply with conditions to a previous disciplinary order.
In aggravation, in 1994 and 1997 Stenger received private reprovals, and in October 2004 the underlying matter occurred. In the current discipline the misconduct involved multiple acts of wrongdoing. Stenger also demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failure to comply with the imposed conditions.
The order took effect June 29.
Gary M. Walters, State Bar # 134769, Los Angeles (June 19). Walters, 46, had his previously ordered stay of execution of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for one year. Walters was given credit toward the period of suspension during his period of involuntary inactive enrollment, which began April 16. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, the misconduct involved multiple acts of wrongdoing by failure to comply with multiple conditions to the previous probation. The misconduct also caused significant harm to the administration of justice, the public, and the courts. Walters demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failure to promptly submit probation reports after being reminded to do so by the probation monitor.
The order took effect July 19.
Stephine M. Wells, State Bar # 113148, Tiburon (June 14). Wells, 62, was suspended in a Review Department opinion for six months, placed on two years of probation, and ordered to make restitution of $17,500 to two clients and other restitution that may be due to others. She was disciplined for engaging in the unauthorized practice of law, charging and collecting an illegal fee, failure to return unearned fees, failure to maintain client funds in trust, and engaging in acts of moral turpitude.
In aggravation, Wells had a record of prior discipline. In the current matter the misconduct involved eleven counts of misconduct in two client matters that caused significant harm to clients. She collected illegal and unconscionable fees in both cases and interfered with the state bars of California and South Carolina by presenting false and misleading information. Wells also demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failure to refund the fees and costs she wrongfully collected. In mitigation, Wells provided services to the clients and disclosed that she was licensed to practice in California. Also, she cooperated with the bar during its proceedings.
The order took effect July 14.
James H. Wharton, State Bar # 64718, Norco (May 31). Wharton, 63, was suspended for 60 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined after his conviction for violating Vehicle Code sections 23152(a) and (b), driving a vehicle while under the influence of alcohol, and driving with a blood alcohol level greater than .08 percent. In aggravation, Wharton failed to participate in the State Bar proceedings before entry of his default. In mitigation, Wharton had no record of prior discipline since being admitted to the bar in 1975.
The order took effect June 30.
Wayne Winrow, State Bar # 153632, Emeryville (June 27). Winrow, 54, was suspended for 120 days and placed on three years of probation after being found culpable in three matters for failure to perform legal services competently and failure to communicate with a client.
In aggravation, Winrow had a record of prior discipline. In the current matter the misconduct involved multiple acts of wrongdoing, including the unauthorized practice of law. In mitigation, Winrow cooperated with the State Bar and entered into a stipulation regarding his misconduct and the conclusions of law.
The order took effect July 27.
Gordon R. Wright, State Bar # 78644, El Cajon (June 9). Wright, 61, had his previously ordered stay of suspension lifted, the previous order of probation revoked, and a new order issued in which he was suspended for six months. Wright was given credit toward the period of suspension during his period of involuntary inactive enrollment, which began March 25. He was disciplined for failure to comply with conditions to a previous disciplinary order.
In aggravation, Wright had a record of prior discipline, the underlying matter. In the current matter the misconduct involved multiple acts of wrongdoing that caused harm to the administration of justice. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failure to comply with the conditions to the previous probation.
The order took effect July 9.
INTERIM SUSPENSION
Francis J. Bloomingdale, State Bar # 52935, La Mesa (May 26). Bloomingdale, 69, was placed on interim suspension after his conviction for violating Penal Code section 459, burglary. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect June 28.
Robert S. Gordon, State Bar # 116467, Tarzana (June 27). Gordon, 47, was placed on interim suspension after his conviction for violating 18 U.S.C. section 1343, fraud, a felony involving moral turpitude; and 15 U.S.C. sections 78j(b) and 78ff(a), making false and misleading statements and using manipulative devices in buying and selling securities, both felonies. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect July 28.
Matthew J. Hunter, State Bar # 221631, Palm Springs (July 18). Hunter, 32, was placed on interim suspension after his conviction for violating Health and Safety Code section 11377, possession of a controlled substance. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect August 14.
Vu H. Le, State Bar # 189966, San Diego (June 9). Le, 36, was placed on interim suspension after his conviction for violating Penal Code section 506, embezzlement; and Revenue and Taxation Code section 19706, failure to file a tax return or failure to supply information. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect July 12.
Marc B. Levine, State Bar # 149349, San Diego (July 21). Levine, 42, was placed on interim suspension after his conviction for violating Penal Code section 487(a), grand theft; section 182(a)(4), conspiring to cheat and defraud a person of property; and section 368(d), identity theft of an elder, all felonies. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect August 18.
Ronald O. Lyerla, State Bar # 44560, Redding (May 3). Lyerla, 66, was placed on interim suspension after his conviction for violating 18 U.S.C. section 2252(a)(4)(B), possession of material involving the sexual exploitation of minors. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect June 5.
Michael E. O'Neal, State Bar # 172829, Sacramento (May 9). O'Neal, 55, was placed on interim suspension after his conviction for violating 26 U.S.C. section 7206(2), aiding or assisting others in false statements as to any material matter. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect June 9.
Raymond B. Pasquini, State Bar # 189606, San Francisco (July 7). Pasquini, 54, was placed on interim suspension after his conviction for violating Vehicle Code section 23153, driving under the influence with a blood alcohol level greater than .08 percent. The interim suspension will remain in effect until further order by the State Bar Court.
The order took effect August 7.
PROBATION
James W. Bravos, State Bar # 138097, San Diego (June 13). Bravos, 51, was placed on four years of probation for failure to maintain client funds in trust, issuing checks against the client trust account when there were insufficient funds in the account, commingling funds, and making electronic withdrawals against the client trust account to pay for personal and business-related expenses.
In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Bravos had no record of prior discipline since being admitted to the bar in 1988. No clients were harmed by the misconduct. Also, he cooperated with the State Bar during its investigation and proceedings. During his period of misconduct Bravos experienced marital problems brought about by his wife's addiction to methamphetamines. His wife eventually abandoned Bravos and their five children.
The order took effect July 13.
Bruce L. Briggs, State Bar # 196750, Santa Ana (July 28). Briggs, 64, was placed on three years of probation for failure to perform legal services competently, failure to promptly return client papers and property, failure to provide an accounting, failure to return unearned fees, and failure to communicate by failing to respond to reasonable status inquiries. Also, he was ordered to make restitution of $14,000 to four clients.
In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Briggs had no record of prior discipline since being admitted to the bar in 1998. He cooperated with the State Bar during its investigation and proceedings.
The order took effect August 17.
David M. Browne, State Bar # 93576, Woodland Hills (May 31). Browne, 50, was placed on one year of probation for failure to perform legal services competently.
In aggravation, the misconduct caused significant harm to a client and the administration of justice. In mitigation, Browne had no record of prior discipline since being admitted to the bar in 1980.
The order took effect June 30.
Michael L. Challgren, State Bar # 137072, Hermosa Beach (June 13). Challgren, 46, was placed on three years of probation for failure to perform legal services competently, failure to communicate, and failure to respond to a client's reasonable status inquiries.
In aggravation, Challgren had a record of prior discipline. Also, the misconduct caused significant harm to a client.
The order took effect July 13.
Marc S. Feldman, State Bar # 108293, Los Angeles (June 13). Feldman, 47, was placed on three years of probation for advising another to submit misleading information in an insurance claim and failure to report judicial sanctions to the State Bar.
In mitigation, Feldman had no record of prior discipline since being admitted to the bar in 1983. At the time of the misconduct Feldman was involved in a contentious and bitter divorce and custody dispute that lasted from 1997 to 2003.
The order took effect July 13.
Sharon L. Lapin, State Bar # 165919, San Rafael (May 17). Lapin, 51, was placed on two years of probation for failure to perform legal services competently, failure to communicate by failing to respond to client inquiries, failure to return unearned fees, improper withdrawal from representation, failure to comply with an agreement in lieu of discipline, failure to promptly release a client file, failure to cooperate with a State Bar investigation, and seeking an agreement with a client to withdraw a State Bar complaint. Lapin was found culpable in 15 counts of misconduct in three client matters that occurred between August 2002 and February 2004.
In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Lapin had no record of prior discipline since being admitted to the bar in 1993.
The order took effect June 16.
The listings here are summaries of disciplinary action taken by the state Supreme Court or the State Bar Court for the dates noted and are provided by the State Bar Court. The summaries are comprehensive for the time period and do not reflect subsequent miscellaneous orders by the courts that may affect these matters. The date of the court's action is in parentheses. For more complete information on disciplinary proceedings contact the San Francisco Daily Journal.
#335028
Megan Kinneyn
Daily Journal Staff Writer
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