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Discipline Report

By Annie Gausn | Sep. 1, 2006
News

Features

Sep. 1, 2006

Discipline Report


      DISBARMENT
      Lisa D. Copren, State Bar # 171022, Citrus Heights (April 20). Copren, 41, was disbarred for disobeying court orders; engaging in acts of moral turpitude, dishonesty, or corruption; failure to perform legal services competently; and failure to support the laws of the United States and California by engaging in the unauthorized practice of law.
     
      In 2003 Copren represented a client in four Chapter 13 bankruptcies. Before January 2006 Copren was suspended from practice in U.S. Bankruptcy Courts until she filed a motion for reinstatement and provided proof that certain conditions imposed by the court were satisfied. She failed to comply with the imposed conditions. During a four-year period, she failed to complete the bankruptcies for the client, and she engaged in the unauthorized practice of law by appearing in bankruptcy court while on suspension by the State Bar for nonpayment of membership fees and for failure to comply with her continuing legal education requirements.
     
      In aggravation, Copren had a record of prior discipline. In a Review Department opinion dated in February, Copren was suspended for 60 days and until she made restitution of $750 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, engaging in acts of moral turpitude, improperly soliciting a client, failure to return unearned fees, and failure to cooperate with a State Bar investigation. In the current matter the misconduct involved multiple acts of wrongdoing that caused significant harm to a client. She also demonstrated indifference toward rectification of or atonement for the consequences of her misconduct.
     
      The order took effect May 20.
     
      Frederick D. Rogers, State Bar # 134459, Ventura (April 26). Rogers, 50, was disbarred for failure to comply with rule 955 of the Rules of Court.
     
      In February 2005 Rogers was suspended for 90 days and placed on probation for three years and until he makes restitution of $1,000 to a client. He was disciplined for failure to perform legal services competently, failure to communicate, failure to maintain client funds in trust, misappropriating funds, failure to pay out funds as requested by a client, and writing client trust account checks against insufficient funds. Conditions to the discipline required Rogers 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, Rogers had a prior record of discipline, the underlying matter.
     
      The order took effect May 26.
     
      Richard A. Sbeglia, State Bar # 87464, New York, New York (May 10). Sbeglia, 53, was summarily disbarred after his criminal conviction in the state of New York.
     
      In March 2005 Sbeglia was convicted in New York on four counts of grand larceny in the second degree and one count of criminal possession of a forged instrument in the second degree, all felonies. The convictions met the criteria for summary disbarment under California law.
     
      The order took effect June 9.
     
      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.
     
      Steven M. Alexander, State Bar # 224393, Merced (April 21). Alexander, 46, resigned from the bar on April 11.
     
      The order took effect May 21.
     
      Donald L. Bierman Jr., State Bar # 157130, Fremont (May 10). Bierman, 54, resigned from the bar on April 20.
     
      The order took effect June 9.
     
      Donald C. Cook, State Bar # 70485, Long Beach (April 21). Cook, 62, resigned from the bar on March 24.
     
      The order took effect May 21.
     
      Richard P. Lewis, State Bar # 167564, Rancho Santa Margarita (April 21). Lewis, 54, resigned from the bar on March 23.
     
      The order took effect May 21.
     
      Ted Omholt, State Bar # 92979, Las Vegas, Nevada (May 10). Omholt, 51, resigned from the bar on April 13.
     
      The order took effect June 9.
     
      William B. Peavey Jr., State Bar # 57985, South San Francisco (May 10). Peavey, 59, resigned from the bar on April 3.
     
      The order took effect June 9.
     
      Neat A. Sawyer, State Bar # 173565, Stockton (April 21). Sawyer, 47, resigned from the bar on April 7.
     
      The order took effect May 21.
     
      Milton G. Wolf, State Bar # 113900, Van Nuys (May 10). Wolf, 59, resigned from the bar on April 26.
     
      The order took effect June 9.
     
      SUSPENSION
      Ronald W. Ask, State Bar # 103895, Riverside (May 10). Ask, 71, was suspended for one year and placed on seven years of probation after being found culpable of misconduct in 39 client matters for failure to perform legal services competently and failure to return unearned fees. He also was ordered to make restitution of $67,685 to 32 clients.
     
      In June 1997 Ask hired another attorney, Scot D. Stirling, to work in his law practice. In June 1999 Ask was suspended for one year. During the period of suspension, Stirling took over the practice, and Ask remained in the office as a law clerk. In late June 1999 Stirling formed a law corporation and kept Ask's offices and employees. At the end of Ask's suspension in June 2000 he continued to work for Stirling's corporation as an attorney. The corporation was hired by many clients due to Ask's reputation in the community.
     
      After formation of the corporation, Ask noticed a decline in Stirling's supervision of the law offices, which resulted in numerous client abandonments. Ask failed to address the problem. In August 2002 the corporation became defunct. Stirling formed the Law Offices of Scot D. Stirling, and Ask continued working for him. In March 2003 Ask and Stirling ended their working relationship. Stirling relocated to new offices, and Ask remained in his original offices.
     
      In aggravation, Ask had a record of prior discipline, the June 1999 suspension and five years of probation for failure to perform legal services competently, failure to maintain client funds in trust, failure to return unearned fees, improper withdrawal from representation, failure to communicate, and failure to comply with a court order. The current matter involved multiple acts of wrongdoing. In mitigation, Ask cooperated with the State Bar during its investigation and proceedings.
     
      The order took effect June 9.
     
      Mark Carton, State Bar # 135717, San Francisco (May 4). Carton, 52, was suspended for 30 days and placed on two years of probation after his conviction for violating Penal Code section 415(2), maliciously and willfully disturbing another person by loud and unreasonable noise; and section 602, trespassing, both misdemeanors.
     
      In February 2004, while under the influence of alcohol, pain medication, and severe emotional stress, Carton went to his friend's place of business and made a demand for money the friend owed Carton for legal services. Carton smashed the windshield of his friend's car, damaged a photocopy machine, and smashed a computer monitor. During a struggle with his friend, Carton hit his friend's forearm and back with a tire iron. His friend's injuries were minor, and he was treated and released at the scene of the altercation.
     
      In March 2005 Carton pleaded nolo contendere to misdemeanor violations of Penal Code sections 415(2) and 602. He paid a fine and assessments and participated in the sheriff's work program. Carton settled his dispute with his friend and fully compensated his friend for losses that resulted from the altercation. Later, Carton sought help for his medical problems, which are now under control.
     
      In aggravation, the misconduct harmed a client. In mitigation, Carton had no record of prior discipline since being admitted to the bar in 1988. He cooperated with the State Bar during its investigation and proceedings and demonstrated remorse for his misconduct. Also, at the time of his wrongdoing, Carton suffered extreme emotional difficulties, which were directly responsible for the misconduct.
     
      The order took effect June 3.
     
      John R. Fuchs, State Bar # 82032, Los Angeles (May 4). Fuchs, 60, was suspended for six months and placed on three years of probation for failure to notify a client promptly that he was in receipt of client funds and for representing adverse interests without the informed written consent of the clients.
     
      In June 1991 Fuchs represented husband-and-wife clients who owned a mortgage lending company, CFC. He represented the couple as plaintiffs in a lawsuit against a bank and other defendants. In October 1993 a jury found for the plaintiffs and against one of the individual defendants. Attempts to collect the judgment were delayed because the defendant filed for bankruptcy protection. The clients later hired Fuchs to collect the judgment.
     
      In August 1995 the husband-and-wife clients separated. In October 1997 the bankruptcy court granted Fuchs's motion for an order that the judgment debt was not dischargeable. The bankruptcy court found that $98,723 could not be discharged. In October 1997 a judgment of dissolution and property settlement was entered between the husband-and-wife clients. The amount recovered from the lawsuit was to be equally divided between the couple.
     
      In 1999 a hearing was held regarding a stipulation to the dissolution. In the stipulation, the wife agreed to assign her interest in the preferred common stock of CFC. In September and October 1999 letters between Fuchs and the clients ratified Fuchs's agreement to represent the wife in the sale of 500 shares of CFC stock. Later, the wife discovered that Fuchs had filed a lawsuit on her behalf against CFC without her knowledge and consent. In December 1999 the wife wrote to Fuchs demanding he withdraw the lawsuit and requesting documentation that the lawsuit was withdrawn. Between January and March 2000 the wife and Fuchs exchanged several letters concerning the status of the lawsuit. In late March 2000 Fuchs wrote to the client telling her the lawsuit was withdrawn. In April 2000 he wrote to her stating he would not withdraw the lawsuit until she provided him with adequate reasons for the withdrawal.
     
      In May 2000 the wife's new attorney wrote to Fuchs demanding he withdraw the complaint immediately. After letters were exchanged between the wife's new attorney and Fuchs, the wife agreed to sign a declaration in support of Fuchs' summary judgment motion. In April 2001 Fuchs was negotiating his attorneys fees between the husband and wife and attempting to collect the civil judgment. In June 2001 Fuchs received $126,000 from the sale of the defendant's home in satisfaction of the civil judgment. Fuchs paid the husband his share of the proceeds, $42,000, and he paid himself $42,000, but he failed to pay the wife her share. Between October 2001 and May 2003 Fuchs and the husband continued to deny the wife's right to funds received from the sale of the defendant's property. In May 2003 the court granted the wife's motion to dismiss an interpleader filed by Fuchs. The court found that the husband had no right or title to the remaining funds and ordered release of $38,924 to the wife.
     
      In aggravation, Fuchs had a record of prior discipline. In September 2001 he was placed on three years of probation for maintaining an unjust action against a former client to collect attorneys fees. In July 2003 the State Bar Court reduced the probation to two years and terminated his restitution requirement. In the current matter, the misconduct was surrounded by bad faith and dishonesty that harmed a client. Fuchs demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. The State Bar Court also found that Fuchs lacked candor during the disciplinary proceedings. In mitigation, the State Bar Court gave limited weight to character witness testimony submitted by Fuchs.
     
      The order took effect June 3.
     
      Tamara L. Green, State Bar # 134460, Fallbrook (April 20). Green, 58, was suspended for six months and placed on probation for five years and until she makes restitution of $1,000 to one client. She was disciplined for failure to perform legal services competently, failure to maintain client funds in trust, failure to return unearned fees, and improper withdrawal from representation.
     
      In the first of three disciplinary matters, in 2001 Green represented a client in a personal injury case. In September 2002 she settled the case for $30,750 and disbursed $10,250 to herself. Green also notified the client that she had reached settlement agreements with the medical providers and would pay the liens from the remaining funds. In March 2003 Green's office telephone number was disconnected. She relocated her office without leaving a forwarding address and failed to provide the client with a new telephone number or a new address. She failed to pay any funds to the client's medical lienholders or to the client.
     
      In a second matter, in January 2002 Green agreed to represent a client as a plaintiff in a civil matter. In March 2003 a hearing was held on the defendant's motion to compel discovery responses along with a motion to continue the trial date. The court issued an order to show cause why the plaintiff's evidence should not be excluded for failure to respond to discovery. The court set a hearing on the order for April 2003, but Green failed to appear. As a result, the court dismissed the client's case. When the client attempted to reach Green by telephone, he found the number was disconnected. Green failed to provide the client with a new telephone number and new address. She also failed to find counsel to represent the client at trial, and she failed to inform the client about the dismissal.
     
      In a third matter, in December 2002 Green was paid $1,000 to represent a client in modification of a child support order. She failed to perform any legal services for the client, and she failed to advise the client about her new address and telephone number. She abandoned the client and failed to return the $1,000 advance fee.
     
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. In mitigation, Green had no record of prior discipline since being admitted to the bar in 1988. She cooperated with the State Bar during its proceedings and demonstrated remorse for her wrongdoing, along with a desire to timely atone for the consequences of her misconduct. Also, in October 2003 Green paid $21,400 to one of her client's three medical providers.
     
      The order took effect May 20.
     
      Steven G. Hanson, State Bar # 146418, Lodi (May 10). Hanson, 58, 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 and fitness to practice law. He was disciplined in four client matters that included 20 counts of misconduct by failure to avoid interests adverse to a client; failure to perform legal services competently; failure to deposit client funds into a trust account; failure to notify a client promptly he was in receipt of client funds; engaging in acts of moral turpitude, dishonesty, or corruption; failure to communicate by failing to inform a client about significant developments in the client's case; failure to obey a court order; failure to maintain respect due the courts; failure to return unearned fees; failure to provide an accounting; and failure to promptly return a client file.
     
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. Hanson demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. He also failed to participate in State Bar proceedings prior to entry of his default.
     
      The order took effect June 9.
     
      Robert B. Hutchins, State Bar # 136790, Glendale (May 4). Hutchins, 52, was suspended for 30 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failure to return unearned fees, failure to provide a client with an accounting, failure to communicate by failing to respond to client inquiries, and failure to cooperate with a State Bar investigation.
     
      In July 2003 Hutchins was paid $5,000 to represent a client in a real estate contract dispute. During the same month, he filed a complaint on behalf of the client, but he failed to serve the summons and complaint on the defendant. After filing the lawsuit, he failed to perform any further services for the client. In September 2003 the client faxed Hutchins a letter asking about the status of the case and specifically asked if the defendant had been served. The next day Hutchins sent an email saying he would contact the client later that afternoon, but he failed to do so. The client sent another fax letter to Hutchins asking for the same information and asking Hutchins to contact the client the next day, but Hutchins failed to respond to the client's requests.
     
      In October 2003 Hutchins told the client the complaint had been served on the defendant, a statement he knew was not true. About the same time, the client sent Hutchins an email regarding his failure to communicate with the client. Hutchins failed to respond to the client's email. That same month the client hired a new attorney. The new attorney wrote to Hutchins advising that he would take control of the case and asked Hutchins to send the client's file. Hutchins failed to respond to the attorney's letter. Between October 2003 and January 2004 the client left several telephone messages for Hutchins, but he failed to respond to the client's calls. In January and February 2004 the client sent Hutchins two letters by express mail asking him for an accounting of the $5,000 advance fee. Hutchins failed to respond to the letters and failed to produce the requested accounting.
     
      In October 2004 and January 2005 a State Bar investigator wrote to Hutchins requesting a written response to allegations filed against him by the client, but he failed to respond to the State Bar letters.
     
      In aggravation, Hutchins had a record of prior discipline. In May 2005 he was suspended for 60 days and until he made restitution of $2,500 and until the State Bar Court granted a motion terminating the suspension. In that matter he was disciplined for failure to perform legal services competently, failure to respond to client inquiries, improper withdrawal from representation, failure to return unearned fees, and failure to cooperate with a State Bar investigation. The current matter involved multiple acts of wrongdoing that caused significant harm to a client, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. Also, Hutchins failed to cooperate with the State Bar during its investigation and proceedings. As a result, his default was entered in this matter.
     
      The order took effect June 3.
     
      Stephen W. Johnson, State Bar # 97281, Huntington Beach (May 10). Johnson, 57, was suspended for 30 days and placed on one year of probation for engaging in the unauthorized practice of law.
     
      In the first of two disciplinary matters, in August 2001 Johnson was suspended from law practice for failure to pay his State Bar membership fees. In September 2001 he brought his membership fees current and was reinstated to active status. While on suspension in September 2001 he represented a client in bankruptcy court.
     
      In aggravation, Johnson had a record of prior discipline. In February 2005 he received a public reproval for failure to maintain client funds in trust and failure to cooperate with a State Bar investigation. In mitigation, the misconduct did not harm clients. He cooperated with the State Bar during its investigation and proceedings. In addition, at the time of the 2003 misconduct, Johnson suffered an injury that revealed physical disabilities.
     
      The order took effect June 9.
     
      Arthur G. Lawrence, State Bar # 29554, Rosemead (April 18). Lawrence, 75, was suspended for 30 days and placed on two years of probation for failure to perform legal services competently, failure to communicate by failing to keep a client informed about significant developments in the client's case, failure to cooperate with a State Bar investigation, failure to maintain client funds in trust, commingling funds, and writing client trust account checks against insufficient funds.
     
      In aggravation, Lawrence had a record of prior discipline. He received two private reprovals in 1982. In the current matter, the misconduct involved violations of the client trust account. Also, he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
     
      The order took effect May 18.
     
      Timothy L. McCandless, State Bar # 147715, Apple Valley (May 10). McCandless, 47, was suspended for six months for failure to perform legal services competently and failure to communicate with clients.
     
      In September 2000 McCandless was hired to represent two defendants in a personal injury case. Between October and December 2000 he was suspended from practice and arranged for another attorney to supervise his cases during his suspension period. Shortly after the suspension commenced, plaintiffs served interrogatories on the clients. McCandless was out of his office during the suspension and learned about the interrogatories when he returned in late December 2000, but he failed to serve the clients' responses on the plaintiff. In February 2001 McCandless was served with a motion to compel the interrogatory responses. He failed to respond to the motion.
     
      In March 2001 the court ordered the clients to serve responses. In June 2001 the plaintiff served a motion for terminating sanctions on the clients. McCandless failed to file and serve a response, and in July 2001 the court issued an order striking the clients' answer to the complaint. McCandless filed a motion for relief from the terminating sanctions, but the court denied the motion. In March 2002 the clients filed a malpractice action against McCandless that resulted in a stipulated judgment.
     
      In aggravation, McCandless had a record of prior discipline. In 1995 he was suspended for 30 days for failure to maintain client funds in trust and failure to promptly pay funds to a client. In 1998 he was suspended for 30 days for attempting to mislead a judge and for maintaining an unjust action. In October 2000 he was suspended for 60 days for failure to perform legal services competently and charging or collecting an unconscionable or illegal fee. In February 2004 he was suspended for six months and placed on 60 months of probation for failure to perform legal services competently in three matters, failure to communicate in three matters, failure to promptly return client papers and property in one matter, and improper withdrawal from representation. In the current matter, the misconduct harmed clients and the administration of justice.
     
      The order took effect June 9.
     
      Patrick J. McDonough, State Bar # 66780, Walnut Creek (April 26). McDonough, 55, was suspended for 90 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failure to comply with conditions to a private reproval.
     
      In 2004 the State Bar and McDonough entered into a stipulation wherein he received a private reproval for attorney misconduct. Conditions to the reproval required McDonough to attend State Bar ethics school within one year of the effective date of the reproval. He failed to attend ethics school within the required time.
     
      In aggravation, McDonough had a record of prior discipline, the underlying matter. Also, he failed to participate in the State Bar proceedings before entry of his default.
     
      The order took effect May 26.
     
      Nathan L. Rosenberg, State Bar # 67335, La Quinta (April 20). Rosenberg, 55, was suspended for 30 days and placed on three years of probation for failure to maintain client funds in trust.
     
      In April 2001 and August 2002 Rosenberg deposited personal funds into his client trust account. Between March 2001 and March 2003 he issued checks against the client trust account to pay for personal and business-related expenses. In July 2002 he issued a client trust account check against insufficient funds.
     
      In mitigation, Rosenberg had no record of prior discipline since being admitted to the State Bar in 1975.
     
      The order took effect May 20.
     
      Joyce M. Shaw, State Bar # 189875, Corona (May 10). Shaw, 43, was suspended for 60 days and until she makes restitution of $700 to one client and until the State Bar Court grants a motion terminating the suspension. She was disciplined for failure to perform legal services competently, improper withdrawal from representation, failure to return unearned fees, and failure to cooperate with a State Bar investigation.
     
      In June 2003 Shaw was paid $700 as a partial payment to prepare an order to show cause regarding child visitation and to negotiate and resolve back child-support payments so the client could regain his driving privileges. In February 2004 the client sent Shaw a certified letter saying that he made numerous attempts to reach her by telephone for several months and that nothing was done about his case. Shaw failed to respond to the client's letter, she never filed any documents regarding the client's matter, she did not prepare and file the order to show cause, and she failed to negotiate the client's back child-support payments. The client also asked Shaw to return the $700 advance fee, which she failed to do.
     
      In June and July 2004 a State Bar investigator wrote to Shaw requesting a written response to allegations filed against her by the client. She failed to respond to the investigator's letters.
     
      In aggravation, the misconduct involved multiple acts of wrongdoing. Shaw demonstrated indifference toward rectification of or atonement for the consequences of her misconduct, and she failed to participate in the State Bar proceedings before entry of her default.
     
      The order took effect June 9.
     
      Daniel P. Whaley, State Bar # 99577, Hood (April 18). Whaley, 49, was suspended for 18 months and placed on three years of probation for engaging in acts of moral turpitude, dishonesty, or corruption; failure to maintain complete records of client funds; failure to provide an accounting; failure to promptly pay out funds on behalf of a client; failure to maintain client funds in trust; and using his client trust account for personal purposes.
     
      In 1999 Whaley was hired to represent a client in a personal injury case, and in August 2001 the case settled for $65,000. After disbursements and deductions, the client was owed $38,000. Sometime between September and November 2001, Whaley paid the client $22,500. In November 2001 the client died. The balance in the client trust account that month was $142. In July 2003 the wife of the decedent was appointed administrator of the client's estate. In September 2003 the administrator wrote to Whaley demanding an accounting and documentation of the settlement funds. He failed to maintain complete records of the funds, and he failed to comply with the client's demand.
     
      In February 2004 an attorney for the administrator wrote to Whaley requesting an accounting of the settlement funds. Whaley failed to respond to the letter. Later, the decedent's wife filed a complaint with the State Bar. In June 2004 Whaley sent the wife a check for $13,240, saying that was all of the remaining settlement funds. In November 2004 the wife asked for an accounting, but Whaley failed to respond. In September and October 2005 Whaley sent the wife an additional $6,748 in principal and interest.
     
      In aggravation, the misconduct involved multiple acts of wrongdoing, misuse of his client trust account, failure to provide complete accounting of clients' funds, commingling and misappropriation of funds, and significant harm to clients and the administration of justice. In mitigation, Whaley had no record of prior discipline since being admitted to the bar in 1981.
     
      The order took effect May 18.
     
      INTERIM SUSPENSION
      Katharine Sabich-Robison, State Bar # 183234, Los Angeles (May 22). Sabich-Robison, 37, was placed on interim suspension after her conviction for violating Penal Code section 487(a), grand theft; section 470(a), forgery; section 506, embezzlement; and section 368, crimes against elders and dependent adults. The interim suspension will remain in effect until further order by the State Bar Court.
     
      The order took effect June 21.
     
      PROBATION
      Glenn D. Nelson, State Bar # 74832, Bakersfield (April 26). Nelson, 55, was placed on four years of probation for failure to comply with conditions to a public reproval.
     
      In November 2004 Nelson received a public reproval for entering into a business transaction with a client. Conditions to the reproval required Nelson to file quarterly probation reports, take and pass State Bar ethics school, take and pass the professional responsibility exam, and submit proof of restitution payments. He failed to promptly comply with the conditions. In October 2004 the State Bar and Nelson entered into a stipulation regarding the conditions to his reproval. As of the date of the stipulation, Nelson filed the quarterly reports, attended ethics school, registered for the March 2006 professional responsibility exam, and made timely restitution payments.
     
      In aggravation, the misconduct involved multiple acts of wrongdoing by failure to comply with the imposed conditions. In mitigation, during the period of reproval Nelson suffered difficulties in his personal life relating to custody of his minor son and financial problems. Also, he complied with the reproval conditions, and he was candid and cooperated with the State Bar during its proceedings.
     
      The order took effect May 26.
     
      Von W. Robinson, State Bar # 176184, Rialto (April 20). Robinson, 41, was placed on one year of probation for engaging in the unauthorized practice of law, charging and collecting an unconscionable or illegal fee, failure to return unearned fees, entering into a business transaction with a client without fully disclosing the terms of the transaction, failure to reduce the transaction to a writing, failure to advise that the client had a right to seek the advice of independent counsel, acquiring an interest in the transaction, and failure to cooperate with a State Bar investigation. He also was ordered to make restitution of $1,000 to a client.
     
      In aggravation, Robinson had a record of prior discipline, a 2005 private reproval. In the current matter the misconduct involved multiple acts of wrongdoing. In mitigation, Robinson was candid and cooperative once he began participating in the State Bar proceedings.
     
      The order took effect May 20.
     
      Philip M. Vannucci, State Bar # 171980, Ukiah (April 20). Vannucci, 42, was placed on six months of probation after his conviction for violating Penal Code section 273.5, willfully inflicting on a spouse corporal injury resulting in a traumatic condition, a felony, later reduced to a misdemeanor.
     
      In November 2003 Vannucci found his wife, a recovering alcoholic, drinking alcohol. He struck his wife in the face, breaking her nose and causing other injuries. He was arrested and in March 2004 he pleaded guilty to a felony violation of Penal Code section 273.5. Sentencing was stayed, and on completion of a one-year domestic violence class and individual counseling, the charge was reduced to a misdemeanor.
     
      In mitigation, Vannucci had no record of prior discipline since being admitted to the bar in 1994. He cooperated with the State Bar during its investigation and proceedings, and he demonstrated remorse for his wrongdoing. At the time of the misconduct, Vannucci suffered extreme difficulties in his personal life.
     
      The order took effect May 20.
     
      PUBLIC REPROVAL
      Kenneth L. Haddix, State Bar # 139459, Los Angeles (April 27). Haddix, 66, received a public reproval for improper withdrawal from representation.
     
      In mitigation, Haddix had no record of prior discipline since being admitted to the bar in 1989.
     
      The order took effect May 18.
     
      Geoffrey Hutcheson, State Bar # 71304, Modesto (April 21). Hutcheson, 59, received a public reproval for failure to supervise a nonattorney employee.
     
      In March 2000 Hutcheson hired a woman as a bookkeeper and to handle banking responsibilities. In December 2003, while Hutcheson was out of his office due to illness, the employee took $8,155 from the general business account by forging Hutcheson's signature and issuing checks to herself. In January 2004 Hutcheson moved his office and gave the employee responsibility for making the change of address with the bank. The employee convinced Hutcheson that the bank statements were not arriving at the new address due to a bank error. He assigned the employee to correct the situation, to ensure the bank sent statements to the correct address.
     
      Between November 2002 and March 2004 Hutcheson or his employee issued checks and made electronic debits from the client trust account against insufficient funds. Between January and March 2004 the bank sent overdraft notices to Hutcheson's old address. Hutcheson also did not verify records to see if the bank statements and records reflected the new address. During the same period, the employee embezzled another $8,020 from the client trust account and moved $34,520 from the trust account into the general account. Hutcheson failed to verify the trust account balance and failed to supervise the employee's bookkeeping procedures. In March 2004 Hutcheson went to his bank and discovered the employee had stolen money and forged checks. In April 2004 the employee was arrested for grand theft and forgery.
     
      In mitigation, Hutcheson had no record of prior discipline since being admitted to the bar in 1976. He cooperated with the State Bar during its investigation and proceedings. No clients were harmed by the misconduct. Hutcheson also instituted new office procedures to ensure no client funds would be lost.
     
      The order took effect May 12.
     
      James S. Partridge, State Bar # 136207, Castro Valley (April 14). Partridge, 47, received a public reproval for improper withdrawal from representation by failure to file a substitution of attorney form, and failure to obey a court order.
     
      In aggravation, the misconduct caused significant harm to a client. In mitigation, Partridge cooperated with the State Bar during its investigation and proceedings. At the time of the misconduct Partridge suffered extreme emotional difficulties. Also, Partridge believed the substitution of attorney had been handled, after exchanging information with subsequent counsel. He ignored the court's orders, believing that no further action was required.
     
      The order took effect May 5.
     
      MISCELLANEOUS ORDERS
      Edgar L. Borne III, State Bar # 87315, Los Angeles (May 2). Borne, 52, having passed the professional responsibility exam, had his suspension of October 13, 2005, terminated.
     
      Juan A. Molina, State Bar # 177982, Calexico (April 28). Molina, 38, having passed the professional responsibility exam, had his suspension of January 6, 2006, terminated.
     
     
#340588

Annie Gausn

Daily Journal Staff Writer

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