Discipline Report

DISBARMENT
      Laura P. Berger, State Bar # 108045, Carmel (June 13). Berger, 57, was disbarred for engaging in acts of moral turpitude, dishonesty, or corruption; making misrepresentations of fact to the State Bar; failure to communicate by failing to inform a client about significant developments in the client's case; failure to withdraw from representation; failure to maintain a current address with the bar; and failure to comply with a court order by failing to comply with rule 955 of the Rules of Court.
      In January 2001 Berger was hired to represent a client in a marital dissolution. In August 2001 Berger signed a document for the bar under penalty of perjury that stated she was not practicing law, requested she be placed on inactive status, and requested that the change be made retroactive to January 2001. The purpose of her request was to avoid paying her bar active membership fees. In January and February 2001 she continued practicing law and collecting attorneys fees.
      Berger failed to inform the marital dissolution client that she was not eligible to practice law. In December 2004 and January 2005 the client wrote to Berger requesting the return of her file. The client had previously attempted to reach Berger by telephone and by letter. Berger failed to respond to the client's telephone calls and letters.
      In a second matter, in January 2003 husband-and-wife clients paid Berger $4,500 as a mediator to assist in their marital dissolution. In March 2004 Berger stopped performing services for the clients. Berger failed to inform the clients that she intended to terminate her services. In September 2004 Berger vacated her law offices without notifying the bar. As of July 2005 her address and telephone number remained unchanged in bar membership records.
      In a third matter, in December 2004 Berger was suspended for 90 days and until she made restitution of $3,500 to one client and until the State Bar Court grants a motion terminating the suspension. She was disciplined for failure to perform legal services with competence, failure to communicate, failure to promptly return a client file, failure to return unearned fees, failure to provide an accounting, improper withdrawal from representation, and failure to cooperate with a bar investigation. Conditions to the discipline required Berger to comply with rule 955 of the Rules of Court 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 bar for her noncompliance.
      In aggravation, Berger had a record of prior discipline, the underlying matter. In the current discipline the misconduct involved multiple acts of wrongdoing. Also, she failed to participate during the bar investigation and proceeding.
      The order took effect July 13.
     
      David R. Cunningham, State Bar # 38892, Yountville (May 31). Cunningham, 66, was disbarred for engaging in acts of moral turpitude, dishonesty, or corruption; misappropriating funds; breaching fiduciary duty; and failure to report a civil judgment to the State Bar.
      In 2000 Cunningham was a managing partner in a general partnership that owned income property. He maintained a fiduciary relationship with the partnership and the limited partners and as a general manager. He was responsible for maintaining financial records of the partnership. In 2000 he decided to leave the partnership and requested that the other partners buy out his interest. The partners responded by asking Cunningham for an accounting of all assets held by the partnership in order to evaluate his share. He failed to provide the requested accounting.
      As a managing partner, Cunningham had access to the partnership's bank accounts and funds from rents and other property belonging to the partnership. Because Cunningham failed to provide the accounting, the partnership refused to release him from the partnership. Afterward, Cunningham made unauthorized loans to two new commercial development companies he formed.
      Between September 1997 and August 2002 Cunningham misappropriated $67,898 from partnership bank accounts, and he failed to pay rent while occupying office space in a partnership office building. The rent due to the partnership for the unauthorized use of the office space was $10,800. While he was a general partner, Cunningham agreed to represent a tenant of the office building owned by the partnership. He was paid $70,000 for his legal services. Without authority from the partnership, Cunningham gave the client ten free parking spaces at the office building. The fair market value of the parking spaces was $58,000. The amount of misappropriated money and assets totaled $136,698.
      In January 2004, after a civil trial, Cunningham was found liable for conversion, constructive fraud, fraud, suppression of fact, and concealment. The court entered judgment against Cunningham for $161,698, including punitive damages of $25,000. Cunningham received a copy of the judgment but failed to notify the State Bar upon receipt of the order.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused financial harm to the partnership. Cunningham demonstrated indifference toward rectification of or atonement for the consequences of his misconduct, and he failed to participate in the disciplinary proceedings before entry of his default. In mitigation, Cunningham had no record of prior discipline since being admitted to the bar in 1966.
      The order took effect June 30.
     
      Reginald D. Greene, State Bar # 80120, Los Angeles (May 17). Greene, 54, received a summary disbarment after his conviction for violating Penal Code sections 664 and 211, attempted robbery.
      In May 2005 Green was placed on interim suspension after his conviction for violating Penal Code sections 664 and 211. Greene's conviction met the criteria for summary disbarment.
      The order took effect June 16.
     
      Robert E. Holzinger, State Bar # 200278, Los Angeles (May 31). Holzinger, 35, was disbarred for failure to comply with rule 955 of the Rules of Court.
      In May 2005 Holzinger was suspended for 90 days and placed on two years of probation for improper withdrawal from representation, failure to return unearned fees, and failure to promptly comply with rule 955 of the Rules of Court. He also is required to make restitution of $1,150 to one client. Conditions to the suspension required Holzinger 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 file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Holzinger had a record of prior discipline, the underlying matter. Also, he attempted to make a late filing of the rule 955 affidavit. In mitigation, he cooperated with the State Bar during its disciplinary proceedings.
      The order took effect June 30.
     
      Terrence McGuire, State Bar # 90675, Sylmar (June 5). McGuire, 58, was disbarred for failure to comply with rule 955 of the Rules of Court.
      In May 2005 McGuire was suspended for two years and placed on five years of probation and until he demonstrates proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was disciplined in 19 client matters for failure to perform legal services with competence, failure to communicate by failing to respond to clients' reasonable status inquiries, failure to advise clients about significant developments in their cases, failure to return unearned fees, improper withdrawal from representation, and failure to maintain the confidence and secrets of some clients. In addition, he was ordered to make restitution of $2,650 to four clients.
      Conditions to the discipline required McGuire to comply with rule 955 of the Rules of Court by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, McGuire had a record of prior discipline. In the current discipline, he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to comply with rule 955.
      The order took effect July 5.
     
      Gregory A. Morris, State Bar # 91425, Fresno (June 13). Morris, 52, was disbarred after being found culpable in six client matters consisting of 20 counts of misconduct. The counts included failure to comply with conditions to a 2003 private reproval; engaging in acts of moral turpitude, dishonesty, or corruption; failure to maintain client funds in trust; commingling funds; misappropriating funds; failure to maintain complete records of all funds and securities that came into his possession; failure to provide accountings of funds; failure to promptly pay out funds on behalf of a client; failure to perform legal services with competence; engaging in the unauthorized practice of law; failure to obey a court order; and failure to cooperate with a State Bar investigation.
      In aggravation, Morris had a record of prior discipline, a 2003 private reproval. The current matter involved multiple acts of wrongdoing that caused significant harm to clients. Also, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect July 13.
     
      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.
     
      Stephen Alikes, State Bar # 93450, Torrance (May 30). Alikes, 80, resigned from the bar on May 17.
      The order took effect June 29.
     
      Frank C. Cook, State Bar # 45065, Las Vegas, Nevada (May 29). Cook, 67, resigned from the bar on May 10.
      The order took effect June 21.
     
      Judith D. Lazenby, State Bar # 104618, Watsonville (May 22). Lazenby, 63, resigned from the bar on May 11.
      The order took effect June 21.
     
      Nikola M. Mikulicich Jr., State Bar # 169706, Redondo Beach (June 2). Mikulicich, 33, resigned from the bar on May 8.
      The order took effect July 2.
     
      Eric Tarankow, State Bar # 101427, Los Angeles (May 22). Tarankow, 57, resigned from the bar on April 17.
      The order took effect June 21.
     
      SUSPENSION
      Randy E. Bendel, State Bar # 130569, West Hills (June 9). Bendel, 44, 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 two years and until he can show proof of his rehabilitation, fitness to practice, and learning and ability in the law. In addition, he was suspended until he pays the court-ordered sanctions of $21,652 and makes restitution to a client if the client has paid any portion of the judicial sanctions. Bendel was given credit toward his suspension for the period of his involuntary inactive enrollment, which began on April 6. He was disciplined for failure to comply with conditions to a previous order of discipline.
      In October 2004 Bendel was suspended for six months and placed on two years of probation for failure to obey court orders, maintaining an unjust action, engaging in malicious prosecution, and engaging in acts of moral turpitude. He was also ordered to pay $21,652 in judicial sanctions. Conditions to the suspension required Bendel to file quarterly probation reports, attend State Bar ethics school, and report any change of address to the bar. He failed to file the quarterly report due for January 2006, failed to submit proof of attending the bar's ethics school, and failed to report a change of address.
      In aggravation, Bendel had a record of prior discipline, the underlying matter. Also, he failed to cooperate with the bar during its investigation and proceedings.
      The order took effect July 9.
     
      John R. C. Burt, State Bar # 208563, Herrimon, Utah (May 30). Burt, 35, was suspended for 90 days and placed on two years of probation for engaging in the unauthorized practice of law, making misrepresentations of fact to a court, and engaging in acts of moral turpitude, dishonesty, or corruption.
      In April 2004 Burt represented two clients as plaintiffs in a breach of contract case. In July 2004 Burt was notified by the State Bar that he was not in compliance with his mandatory continuing legal education requirements and that he had until September 2004 to comply. He failed to complete the required hours and was placed on not-entitled-to-practice status.
      In November 2004, while barred from practicing, Burt executed a request for dismissal of the clients' case and filed it with the court. Burt knew he was not entitled to practice, and by filing the dismissal he misrepresented his status to the court, the clients, and opposing counsel. In February 2005 Burt's law partner prepared a declaration in support of a motion for reconsideration of the defendants' motion for summary judgment. The declaration stated that Burt had consulted with the clients about their case and the motion. In October 2005 Burt sent the State Bar a declaration stating that the February 2005 declaration was intended to mean that his law partner, and not Burt, spoke to the clients about the case and the motion. Burt misrepresented that his partner had spoken to the clients when in fact he had not done so.
      In aggravation, the misconduct involved multiple acts of wrongdoing.
      The order took effect June 29.
     
      Daniel E. T. Chien, State Bar # 190061, Newport Beach (May 30). Chien, 36, was suspended for two years and placed on probation for four years and until he makes restitution of $11,000 to three clients and until he submits proof of his rehabilitation, fitness to practice, and learning and ability in the law.
      Chien was disciplined after being found culpable in six client matters that included failure to perform legal services with competence by failing to adequately supervise a nonattorney employee; engaging in acts of moral turpitude, dishonesty, or corruption; failure to notify clients promptly that he was in receipt of settlement funds; failure to pay out funds to a client; failure to maintain client funds in trust; aiding others to engage in the unauthorized practice of law; representing more than one client in the same matter whose interests were adverse or in potential conflict; failure to respond to a client's reasonable status inquiries; and failure to cooperate with a State Bar investigation.
      In aggravation, Chien had a record of prior discipline. Also, in the current matter the misconduct involved multiple acts of wrongdoing. In mitigation, Chien provided public service work and was active in various lawyer organizations. He reported his employee's unauthorized practice of law and other illegal activities to the police, to the U.S. Trustee, and to the State Bar. He also contacted the victims of his employee's activities and made them aware of the situation. He accepted the State Bar Court's findings of culpability and agreed that a period of suspension would be beneficial. He agreed to make restitution to clients whose funds were stolen by his employee.
      The order took effect June 29.
     
      John J. Crutchfield, State Bar # 81729, Long Beach (May 30). Crutchfield, 52, was suspended for one year and until he provides proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was given credit toward the period of suspension for the period of his involuntary inactive enrollment, which began on March 9. He was disciplined for failure to comply with conditions to a previous disciplinary order.
      In March 2004 Crutchfield was suspended for 60 days and placed on two years of probation for engaging in the unauthorized practice of law. Conditions to the suspension required Crutchfield to file quarterly probation reports and to attend and pass State Bar ethics school. He failed to timely file probation reports for July 2004 and April 2005, and he failed to file reports due in July and October 2005. He also failed to attend State Bar ethics school by the required date.
      In aggravation, Crutchfield had a record of prior discipline, the underlying matter. In the current discipline, the misconduct involved multiple acts of wrongdoing that caused significant harm to the administration of justice. He also demonstrated indifference toward rectification of or atonement for the consequences of the misconduct by failing to comply with the conditions after several reminders.
      The order took effect June 29.
     
      Andrew J. Davis Jr., State Bar # 24255, West Covina (May 30). Davis, 87, was suspended for 90 days and placed on three years of probation for failure to perform legal services with competence, failure to supervise an employee, and failure to maintain client funds in trust.
      In 2003 Davis maintained an office in Los Angeles and a branch office in Stockton that were managed by a two-year employee. In October 2003 the employee left for Cambodia and was gone for several weeks. Two days after the employee left the country, Davis received a notice from his bank that two checks were submitted for payment with insufficient funds in the account. The employee used two presigned client trust account checks Davis had left in a secure place for emergencies. The employee took the two checks and deposited them in the general account. The employee then withdrew $5,000 from the general account by using forged checks. He also withdrew funds from an automatic teller machine without Davis's knowledge. In January 2004 Davis filed a police report and closed his Stockton office.
      In aggravation, Davis had a record of prior discipline. In mitigation, Davis demonstrated remorse for his wrongdoing. He terminated the employee, closed the client trust account, and closed his branch office.
      The order took effect June 29.
     
      David R. Dowell, State Bar # 55145, Lacey's Spring, Alabama (May 30). Dowell, 58, was suspended for 90 days and placed on two years of probation for failure to comply with conditions to a previous disciplinary probation.
      In November 2002 Dowell was suspended for 60 days and placed on two years of probation for failure to perform legal services with competence and failure to keep a client informed about significant developments in the client's case. Conditions to the discipline required Dowell to file quarterly probation reports and attend and pass State Bar ethics school. He failed to promptly file his probation reports, and he failed to submit proof of attending and passing State Bar ethics school.
      In aggravation, Dowell had a record of prior discipline. In 2002 the underlying matter occurred. In mitigation, he cooperated with the bar during its investigation and proceedings.
      The order took effect June 29.
     
      Paul R. Gideon, State Bar # 211862, San Jose (May 30). Gideon, 39, was suspended for 30 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failure to cooperate with a State Bar investigation, failure to maintain a current address with the bar, 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, Gideon failed to participate in the disciplinary proceedings before entry of his default.
      The order took effect June 29.
     
      James E. MacMaster, State Bar # 88823, Folsom (June 13). MacMaster, 52, was suspended for 60 days and until he takes and passes the professional responsibility exam and until he successfully completes State Bar ethics school. He was disciplined for failure to comply with conditions to a private reproval.
      In aggravation, MacMaster had a record of prior discipline, the underlying matter. The current misconduct involved multiple acts of wrongdoing. In mitigation, at the time of his misconduct MacMaster suffered emotional difficulties when he had to move his mother into a nursing home. He has not been entitled to practice law since the fall of 2001. He currently has no desire to return to the practice of law and works in a job unrelated to law, but he wants to preserve his option to return to law practice in the future.
      The order took effect July 13.
     
      Lonnie R. Markum, State Bar # 188338, San Diego (May 30). Markum, 36, was suspended for 90 days and placed on five years of probation for violating Penal Code section 594(b)(2), vandalism; section 240, assault; section 148.5(a), filing a false police report; and Vehicle Code section 12500(a), driving a motor vehicle without a valid driver's license.
      In August 2001 Markum was ticketed by police officers for speeding, driving with a suspended driver's license, and driving without proof of insurance. In November 2001 he pleaded guilty to violating Vehicle Code section 12500, driving without a valid license. He was placed on three years of summary probation and fined $1,000. The court also ordered installation of an ignition interlock device for a period of two years.
      In a second matter, in November 2001 Markum became involved in an altercation with a girlfriend in her apartment. During the argument, Markum threw a glass of wine at one of the apartment walls and left driving a car he borrowed from his roommate. Markum realized he was too intoxicated to drive, so he parked the car in the parking lot of a grocery store. The next day he had no recollection of throwing the wine or of where he left his friend's car.
      About ten days later Markum visited another woman friend, and they went to dinner. On returning to the woman's home, Markum and the woman got into an argument and a physical altercation. Markum threw the woman's cell phone into the bushes. The woman found the cell phone and called the police.
      In February 2002 a criminal complaint was filed against Markum. In May 2002 he pleaded guilty to one count of misdemeanor vandalism and a misdemeanor count of assault. He was placed on three years of summary probation with conditions that included his participation in an outpatient alcohol-rehabilitation program and attendance at Alcoholics Anonymous meetings for nine months.
      In a third matter, in November 2001 Markum went to the San Diego airport to pick up his roommate. While there Markum reported to the police that his roommate's car was stolen from the airport parking lot. Markum and the police could not locate the missing car. He filed a police report certifying the report was true and correct. Later, the police ran a records search of the vehicle and found that it was impounded because the vehicle had been found parked in a grocery store parking lot for two days.
      When Markum was told about locating his friend's car, he explained that he and his girlfriend had been drinking and he did not remember moving the car. He pleaded guilty to violating Penal Code section 148.5(a). He was placed on three years of summary probation and ordered to pay a fine of $400.
      In aggravation, the misconduct was surrounded by bad faith, dishonesty, and concealment. The misconduct also involved multiple acts of wrongdoing that harmed the administration of justice.
      The order took effect June 29.
     
      Robert J. Ohlweiler, State Bar # 117384, San Diego (May 31). Ohlweiler, 53, was suspended for 30 days and placed on two years of probation for failure to report a disciplinary matter imposed on him in Ohio.
      In 2002 Ohlweiler was placed on two years of probation by the Ohio Supreme Court with conditions that included a monitoring program with random testing by an alcohol treatment provider in California. He also was ordered to return $440 to one client. He was found culpable of attorney misconduct in six client matters.
      In aggravation, Ohlweiler failed to report the Ohio discipline to the California Supreme Court. In mitigation, he cooperated with the State Bar during its investigation and proceedings.
      The order took effect June 30.
     
      Christopher J. O'Keefe, State Bar # 165197, San Diego (May 30). O'Keefe, 47, had his previous order of probation revoked, the previously ordered stay of suspension lifted, and a new order issued in which he was suspended for 30 days.
      In June 2005 O'Keefe was suspended for 60 days and placed on one year of probation for engaging in acts of moral turpitude, dishonesty, or corruption; failure to maintain complete records of his client trust account; leaving or depositing personal funds into his client trust account; and failure to cooperate in two State Bar investigations. Conditions to the discipline required O'Keefe to submit quarterly probation reports and maintain a current address and telephone number with the bar. He failed to submit reports due in October 2005 and January 2006, and he failed to promptly update his contact information with the State Bar.
      In aggravation, O'Keefe had a record of prior discipline. In mitigation, in December 2003 he was involved in an automobile accident and received serious injuries to his spine. In 2004 and 2005 he was on pain medication, and he developed a drug dependence. He suffered post-traumatic stress disorder and depression and was unable to practice law. His disability insurer declined coverage, which left him without income. He eventually lost his home to foreclosure. He is no longer dependent on painkillers, and he continues to receive treatment for depression, generalized anxiety disorder, and post-traumatic stress disorder.
      The order took effect June 29.
     
      Ward D. Smith, State Bar # 101956, Newport Beach (May 30). Smith, 53, was suspended for 90 days and placed on three years of probation for violating Penal Code section 273.5(a), domestic battery with corporal injury; and section 166 (c)(1), violation of a protective order.
      In March 2005 Smith pleaded guilty to the domestic battery count and to violating a protective order. The superior court ordered Smith to cooperate with his probation officer and in any plan for psychiatric, psychological, alcohol, or drug treatment or counseling. He was ordered to attend and complete domestic violence and youth services programs, attend and complete a batterers' treatment program, and comply with the protective order. In September 2005 he admitted to violating the court's protective order, and he was sentenced to one year in jail.
      In aggravation, the misconduct involved multiple acts of wrongdoing that harmed the administration of justice. In mitigation, Smith had no record of prior discipline since being admitted to the bar in 1981.
      The order took effect June 29.
     
      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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