Discipline Report

DISBARMENT
      Craig A. Decker, State Bar # 55576, Mesa, Arizona (October 25). Decker, 63, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In July 2006 Decker was disciplined in California after his discipline in Arizona. In California he was suspended for two years and until the State Bar Court grants a motion terminating the suspension and until he provides proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was disciplined for failing to perform legal services competently, failing to communicate with a client, failing to provide an accounting of entrusted funds, and failing to cooperate with the Arizona and California state bar investigations.
      Conditions to the discipline required Decker to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to promptly file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Decker had a record of prior discipline. In July 2006 the underlying matter occurred. In the current matter he failed to participate in the disciplinary proceedings before entry of his default.
      The order took effect November 24.
     
      Ann T. Garrett, State Bar # 70923, Sacramento (October 25). Garrett, 62, was disbarred for failing to obey a court order, improperly withdrawing from representation, failing to communicate with a client, failing to provide an accounting of client funds, failing to cooperate with three State Bar investigations, and failing to comply with rule 955 of the Rules of Court.
      In 2002 and 2003 Garrett was paid a total of $5,000 to represent a client in a marital dissolution. The court found that she had submitted a defective order and judgment for review. Garrett failed to return corrected documents to the court. As a result, the couple remained married, which was against the wishes of Garrett's client. Garrett effectively withdrew from employment without providing services to the client. She also failed to return the client's file and the $5,000 advance fee.
      In a second matter, Garrett was paid $3,000 in October 2003 to represent a client in a domestic relations dispute and later was paid an additional $1,000 in fees. In July 2004 the same client paid Garrett $1,000 to represent the client in a dispute over money another person owed the client. By November 2004 Garrett had ceased performing work on both cases.
      The client sent Garrett a letter asking for an itemized bill, a refund of advance fees in the client's second case, and return of all papers and property. As of August 2005 Garrett had failed to respond to the client's letter. She also failed to provide an accounting, failed to return client papers, and failed to return unearned fees.
      In March, April, and May 2005 two State Bar investigators wrote to Garrett concerning complaints filed against her by clients. She failed to respond to the letters.
      In aggravation, Garrett had a record of prior discipline. In the current matter the misconduct involved multiple acts of wrongdoing that caused significant harm to her clients and to the administration of justice. 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 disciplinary proceedings.
      The order took effect November 24.
     
      Dennis V. Milner, State Bar # 113464, Dublin (November 1). Milner, 48, was disbarred for engaging in the unauthorized practice of law, failing to obey a court order, and failing to comply with rule 955 of the Rules of Court.
      In September 2003 Milner was suspended for failing to comply with his continuing legal education requirements. He remained suspended until the State Bar issued its disciplinary opinion in June 2006. Between November 2003 and March 2005 Milner continued to hold himself out as entitled to practice law.
      In aggravation, Milner had a record of prior discipline. In September 2005 the underlying matter occurred. In February 2006 Milner's probation was revoked, and he was suspended for one year and placed on three years of probation for failing to comply with conditions to a previous discipline. He demonstrated indifference toward rectification of or atonement for his misconduct by failing to comply with rule 955. Also, he failed to participate in the disciplinary proceedings prior to entry of his default.
      The order took effect December 1.
     
      Michael J. Plefka, State Bar # 97120, Fair Oaks (November 1). Plefka, 55, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In August 2005 Plefka was suspended by the State Bar Court for six months and until he returned papers and documents to clients. He was disciplined for failing to report imposition of judicial sanctions to the State Bar, failing to perform legal services competently, failing to communicate, improperly withdrawing from representation, and failing to participate in three bar investigations. Conditions to the discipline required Plefka to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to promptly file the affidavit and failed to provide an explanation to the bar for his noncompliance.
      In aggravation, Plefka had a record of prior discipline, a public reproval in 1991 and the underlying matter. He also failed to participate in the disciplinary proceedings prior to entry of his default.
      The order took effect December 1.
     
      Timothy G. Sullivan Jr., State Bar # 127833, San Mateo (October 25). Sullivan, 44, was disbarred after being found culpable of 24 counts of misconduct in six client matters by failing to maintain client funds in trust, failing to communicate with a client, improperly withdrawing from representation, violating a court order, failing to perform legal services competently, failing to return client papers and property, failing to maintain a current address with the State Bar, and failing to participate in bar investigations.
      In aggravation, Sullivan had a record of prior discipline.
      The order took effect November 24.
     
      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.
     
      Scott J. Flores, State Bar # 159494, San Diego (October 25). Flores, 47, resigned from the bar on October 21.
      The order took effect November 24.
     
      Walter R. Pineda, State Bar # 97293, San Francisco (November 1). Pineda, 55, resigned from the bar on October 23.
      The order took effect December 1.
     
      Keith D. Washington, State Bar # 156990, Los Angeles (November 1). Washington, 42, resigned from the bar on November 13.
      The order took effect December 1.
     
      SUSPENSION
      Christine L. Garcia, State Bar # 209701, San Francisco (October 6). Garcia, 32, was suspended for 120 days and placed on two years of probation for engaging in acts of moral turpitude by repeatedly issuing checks against insufficient funds, failing to maintain client funds in trust by depositing personal funds into the client trust account, commingling funds, maintaining an unjust action, failing to report imposition of judicial sanctions to the State Bar, failing to disclose a conflict of interest to a client, failing to perform legal services competently, and failing to communicate with a client.
      From October 2001 to September 2002 Garcia issued five client trust account checks when there were insufficient funds in the account to pay the checks. Between February and September 2002 she deposited nonclient funds into the client trust account.
      In aggravation, the misconduct involved client trust account violations and multiple acts of wrongdoing that caused significant harm to clients. In mitigation, Garcia was and continues to be treated for depression.
      The order took effect November 5.
     
      Steve I. Kaplan, State Bar # 71418, Manhattan Beach (October 18). Kaplan, 57, was suspended for nine months and placed on two years of probation for engaging in the unauthorized practice of law; engaging in acts of moral turpitude, dishonesty, or corruption; failing to perform legal services competently; failing to communicate with a client; and failing to return unearned fees.
      In 1999 Kaplan dissolved his real estate development company. In 2001 he filed for bankruptcy protection. In September 2002 he was suspended for failing to pay his State Bar membership fees. He remained suspended from September 2002 to early March 2004.
      In August 2003 Kaplan accepted $1,500 to represent a client in an unlawful detainer matter, but he failed to complete the work. As a result, a default was entered against the client. The client reported Kaplan to local authorities, and he was arrested and charged with grand theft. In November 2004 the client filed a civil complaint against Kaplan alleging legal malpractice. Kaplan agreed to a stipulated judgment of $30,500. In November 2005 he made the final payment to the client.
      In July 2005 Kaplan pleaded nolo contendere to violating Penal Code section 487(a), grand theft, a misdemeanor, and to having engaged in the unauthorized practice of law. He was placed on summary probation for two years. He also was ordered to perform 100 hours of community service and to make restitution to the client. In April 2006 he was placed on interim suspension.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. In mitigation, Kaplan had no record of prior discipline since being admitted to the bar in 1975. After his business failure, Kaplan suffered emotional difficulties and depression, for which he sought professional treatment. His friends and business associates submitted references attesting to his good character.
      The order took effect November 17.
     
      Phil Martin, State Bar # 55100, San Francisco (October 6). Martin, 60, was suspended for 30 days and placed on two years of probation for failing to maintain client funds in trust, issuing client trust account checks against insufficient funds, using funds in the client trust account to pay personal expenses, and commingling.
      From April 2003 to August 2004 Martin issued 90 client trust account checks and made electronic withdrawals from the trust account when there were insufficient funds to cover the debited funds. He also deposited nonclient funds into the client trust account.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, no clients were harmed by the misconduct. Martin cooperated with the State Bar during its investigation and proceedings. He also submitted testimony from three people who attested to his good character.
      The order took effect November 5.
     
      Garold L. Neely, State Bar # 189557, Stockton (October 25). Neely, 55, was suspended after his conviction for violating Penal Code section 273.5(a), inflicting corporal punishment on a cohabitant, a misdemeanor.
      In September 2005 Neely became involved in a physical altercation with his girlfriend. The police were called, and Neely was arrested and convicted of violating Penal Code section 273.5(a) in October 2005.
      In aggravation, at the time of State Bar opinion in the current discipline, another State Bar Court matter was pending in which Neely was suspended for 60 days. In that matter he was disciplined for engaging in the unauthorized practice of law and engaging in acts of moral turpitude, dishonesty, or corruption. The 60-day suspension began on August 17. In mitigation, Neely suffered from family and substance-abuse problems during the period of his misconduct.
      The order took effect November 24.
     
      David E. Roberts, State Bar # 51430, Fresno (November 1). Roberts, 67, was suspended for eight months. He was disciplined for failing to comply with conditions to a previous discipline and failing to report within 30 days a felony information that was filed against him by the Fresno County district attorney.
      In January 2005 Roberts was suspended for 120 days and placed on two years of probation after being found culpable in six client matters of aiding a nonattorney in the unauthorized practice of law, allowing his name and bar license to be used by a nonattorney, employing a resigned attorney to perform as an attorney, sharing legal fees with a nonattorney, engaging in acts of moral turpitude, failing to promptly pay settlement funds to a client, failing to perform legal services competently, failing to maintain respect due the courts, and issuing client trust account checks against insufficient funds.
      Conditions to the discipline required Roberts to file quarterly probation reports. He failed to timely file his April 2005 report and failed to file reports for July and Octo-ber 2005.
      In June 2005 the Fresno County district attorney filed an information charging Roberts with violating Health and Safety Code section 11377, possession of a controlled substance, a felony. The next day Roberts and his counsel appeared in court and were provided with a copy of the information. Roberts failed to notify the State Bar within 30 days about the information filed against him. In April 2006 Roberts was placed on interim suspension after his conviction for violating Health and Safety Code section 11377.
      In aggravation, Roberts had a record of prior discipline, the underlying matters. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to file his quarterly probation reports. Also, he failed to participate in the disciplinary proceedings prior to entry of his default.
      The order took effect December 1.
     
      Harold T. Ross, State Bar # 58168, Thousand Oaks (October 13). Ross, 60, was suspended for 30 days for failing to perform legal services competently, failing to communicate with a client, failing to keep a client reasonably informed about significant developments in the client's case, failing to return a client's file, and failing to cooperate with a State Bar investigation.
      In March 2004 Ross was hired by two clients to represent them in a personal injury case. Between October 2004 and January 2005 the client left numerous telephone messages asking about the status of the case. Ross failed to respond to the messages. In May 2005 the clients hired a new attorney. The attorney sent Ross two letters requesting that he forward the clients' file, but he failed to do so. In June and July 2005 a bar investigator wrote to Ross requesting his written response to allegations of misconduct in the clients' matter. Ross failed to respond to the investigator's letters.
      In aggravation, Ross's misconduct involved multiple acts of wrongdoing, and he failed to participate in the disciplinary proceedings. In mitigation, Ross had no record of prior discipline since being admitted to the bar in 1973.
      The order took effect November 12.
     
      Jonathan C. Vorhes, State Bar # 190033, Sacramento (November 1). Vorhes, 38, was suspended for 90 days and placed on two years of probation for failing to communicate with clients, failing to perform legal services competently, failing to maintain client funds in trust, and commingling.
      In 2001 Vorhes and another attorney in his office were hired to represent a client in a personal injury matter. In 2001 the client began receiving demands for payment from the emergency room doctor who treated the client's injuries after her accident. The client telephoned Vorhes regarding nonpayment of the doctor's bill from the settlement proceeds. Vorhes returned one call, telling the client he would pull the file and call her back. After not hearing from Vorhes, the client left numerous telephone messages for Vorhes, but neither he nor the other attorney returned the client's calls, and neither attorney made any attempt to pay the client's unpaid medical bill.
      In aggravation, the misconduct caused significant harm to a client. In mitigation, Vorhes had no record of prior discipline since being admitted to the bar in 1997.
      The order took effect December 1.
     
      Thomas M. Witte, State Bar # 107542, Fair Oaks (October 6). Witte, 51, was suspended for two years and placed on four years of probation. He was disciplined for failing to promptly pay out client funds, failing to maintain client funds in trust, misappropriating funds, making a false statement of fact to a judge, representing a client without authority, failing to promptly release a client's file, failing to obey or comply with a court order, and failing to maintain respect due the courts.
      In 1993 Witte was hired to represent a client in the wrongful death of her son. In March 1995 the state filed a lien of $2,890, which the client had received from the victims of violent crimes assistance fund, and against any recovery the client realized from a successful outcome in the wrongful death claim. In April 1995 the Bureau of Family Services placed a lien of $9,943 against any recovery the client received from the lawsuit. In late 1995 the case settled for $22,500.
      In December 1995 Witte disbursed $3,000 to the client and agreed to hold $8,000 in trust to pay the two liens. Between August 1998 and September 2000 Witte made payments totaling $983 to the county. The victims of violent crimes lien was resolved without any payment from the client. In May 2002 the client received a notice of bankruptcy by Witte. He listed the client as a creditor for a personal loan of $8,000. In January 2004 the client filed a complaint with the State Bar about Witte's conduct. In February 2004 Witte sent the client a check for $8,694 in principal and interest.
      In mitigation, during the period of misconduct Witte experienced severe financial stress and suffered emotional and physical difficulties.
      The order took effect November 5.
     
      INTERIM SUSPENSION
      Arthur G. Crabtree, State Bar # 171983, Santa Clarita (October 16). Crabtree, 45, was placed on interim suspension after his conviction for violating Penal Code sections 664 and 288, attempting a lewd act with a minor, both felonies involving moral turpitude.
      The order took effect November 17.
     
      Richard L. Davenport Jr., State Bar # 51916, Reno, Nevada (September 19). Davenport, 60, was placed on interim suspension after his conviction for violating Nevada Revised Statute 205.300, embezzlement.
      The order took effect October 19.
     
      Michael R. Suverkrubbe, State Bar # 188262, San Diego (November 8). Suverkrubbe, 44, was placed on interim suspension after his conviction for violating 18 U.S.C. sections 371, 1341, 1343, and 1957/2, conspiracy to defraud, mail fraud, and racketeering.
      The order took effect December 7.
     
      PROBATION
      Kenneth B. Brock, State Bar # 158311, Visalia (October 6). Brock, 45, was placed on three years of probation after his convictions for driving under the influence of alcohol.
      In June 2005 Brock was arrested for driving under the influence of alcohol. A blood test revealed his blood-alcohol level was 0.19 percent. In August 2005 he pleaded guilty to violating Vehicle Code section 23152(b), driving a vehicle with a .08 blood-alcohol level or greater, a misdemeanor. Brock also admitted to a prior conviction of driving under the influence in 1999. He was placed on five years of formal probation.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Brock cooperated with the State Bar during its investigation and proceedings. He also demonstrated remorse by pleading guilty to the violations.
      The order took effect November 5.
     
      Rosemary Rodriguez, State Bar # 64529, El Cajon (October 18). Rodriguez, 60, was placed on one year of probation for engaging in the unauthorized practice of law and engaging in acts of moral turpitude, dishonesty, or corruption.
      Between July 1988 and early March 2004 Rodriguez was not entitled to practice law because she failed to pay her State Bar membership fees. In October 2003 she agreed to represent a client in a civil litigation matter and continued to represent the client into March 2004.
      In January and March 2004 she appeared as counsel of record in another client's deposition.
      In June 2005 Rodriguez replied to a job advertisement in a legal newspaper. In her resume;, Rodriguez stated that she was an attorney licensed in California since 1975 and had worked as a sole practitioner since June 2003.
      In mitigation, Rodriguez had no record of prior discipline since being admitted to the bar in 1975. She suffered extreme problems in her personal and family life during the period of misconduct. Also, she cooperated with the State Bar during its investigation and proceedings.
      The order took effect November 17.
     
      Ellen M. Rollins, State Bar # 96626, Los Angeles (October 6). Rollins, 50, was placed on four years of probation for failing to comply with conditions to a previous discipline.
      In 1996 Rollins was ordered to pay restitution of $2,500 to a client but failed to do so. In February 2000 she entered into a stipulation with the State Bar, agreeing to make further restitution payments to the State Bar client security fund.
      In aggravation, Rollins had a record of prior discipline. In mitigation, she suffered financial hardship and was unable to make regular restitution payments. As of July 2005 she became fully employed as an attorney. Also, she cooperated with the bar during its investigation and proceedings.
      The order took effect November 5.
     
      Alan V. Thaler, State Bar # 101438, Fountain Valley (October 13). Thaler, 51, was placed on three years of probation for failing to maintain client funds in trust and commingling.
      In late 2004 Thaler converted his client trust account to a general account. He continued to use the same account number and also issued checks against insufficient funds. He deposited and maintained personal funds in the account and paid for office and personal expenses from the account.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Thaler had no record of prior discipline since being admitted to the bar in 1981. At the time of the misconduct Thaler suffered from complications from diabetes. He later sought help with his depression from the Lawyers Assistance Program.
      The order took effect November 12.
     
      Sergio A. White, State Bar # 146830, Anaheim (October 18). White, 43, was placed on two years of probation for engaging in false and deceptive advertising, failing to comply with a court order, and failing to provide an accounting of trust account funds.
      In August 2000 White was hired to represent a client in a marital dissolution. In October 2002 the court ordered the couple's home to be sold. White held the funds from the sale of the house in an interest-bearing trust account. Between February 2003 and summer 2005 opposing counsel sent three letters to White requesting copies of trust account bank statements showing the balance of the couple's funds. White failed to respond to the letters and failed to provide copies of the bank statements.
      In March 2005 opposing counsel filed a motion to compel production of the bank statements. In July 2005 White provided the copies to opposing counsel. Several days later a hearing on the motion to compel was held, but White failed to appear. The court ordered White to transfer the funds to opposing counsel and set a hearing on an order to show cause regarding sanctions. In August 2005 White sent opposing counsel $97,914 he had held in trust. In August 2005 White failed to appear for the show-cause hearing. The court imposed sanctions of $1,200 and ordered White to appear in October 2005 to account for the funds from the sale of the couple's house. White appeared for the hearing and provided the accounting. The court reduced the sanctions to $900. No funds were misappropriated from the client trust account.
      In mitigation, White had no record of prior discipline since being admitted to the bar in 1990. Also, he cooperated with the State Bar during its investigation and proceedings.
      The order took effect November 17.
     
      PUBLIC REPROVAL
      Gabriela A. Alvarez, State Bar # 132052, Boulder Creek (September 6). Alvarez, 44, received a public reproval for failing to perform legal services competently, failing to communicate with a client, failing to respond to status inquiries by the client, and improperly withdrawing from representation.
      In aggravation, the misconduct caused significant harm to clients. In mitigation, Alvarez had no record of prior discipline since being admitted to the bar in 1987. She cooperated with the State Bar during its investigation. Also, during the period of her misconduct she was caring for her ill mother.
      The order took effect September 27.
     
      Michael D. Anderson, State Bar # 194493, Pasadena (September 13). Anderson, 43, received a public reproval for failing to perform legal services competently, failing to provide an accounting, and failing to advise a client in writing to seek the advice of independent counsel.
      In March 2002 Anderson was paid $3,260 to represent husband-and-wife clients in several legal matters, including a matter before the IRS. Anderson succeeded in obtaining an extension of time for the clients to file and pay their 2001 income taxes. In October 2002 the clients filed their 2001 tax return and paid $50,000, but they owed a balance of $64,000 to the IRS. In March 2003 the clients sold a condominium and realized a profit of $140,000. In August 2003 the clients instructed the escrow company to transfer the funds to Anderson's client trust account. That same month the clients instructed Anderson to issue them three checks, which he did, sending the clients $105,000 between August and December 2003. He also prepared an estate plan, initiated a lawsuit against a moving company that had damaged the clients' furniture, reviewed an adverse ruling in an employment matter, and helped the clients in forming a new business.
      Between August and October 2004 Anderson wrote several checks to himself to pay his legal fees, which depleted the clients' funds remaining in the trust account. He also failed to provide an accounting of the funds until after he had paid himself. The clients disputed Anderson's use of the money to pay his fees, and he returned the funds to the client trust account. He also failed to provide details about the legal work he was performing.
      In mitigation, Anderson had no record of prior discipline since being admitted to the bar in 1998.
      The order took effect October 11.
     
      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.
     

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