Discipline Report

      DISBARMENT
      Anthony J. Allegrino II, State Bar # 200905, New Windsor, New York (October 10). Allegrino, 39, was disbarred in a Review Department opinion after being found culpable of 15 counts of misconduct in two client matters. The counts included failing to perform legal services competently, charging illegal or unconscionable fees, misappropriating $41,000 advanced to represent two clients, improperly withdrawing from representation, and engaging in acts of moral turpitude, dishonesty, or corruption.
      In May 2004 three people were held by the U.S. Border Patrol in Laredo, Texas, on charges of attempting to enter the country illegally. The detainees were from Kosovo, and they sought political asylum in the United States. The following day, Allegrino was hired by a relative of the detainees to represent them.
      Allegrino flew to Laredo, and a week or so later he spoke with a relative who was raising bail money for the detainees. Later, Allegrino asked the relative to deposit the funds, $41,000, into his New York bank account and told the relative he would have the detainees released the following day. Allegrino agreed to represent each client for $1,500.
      The detainees did not speak or understand English. Allegrino had the clients sign documents, telling them through an interpreter that the documents were papers for a change of venue. In fact, the documents were fee agreements. In addition to the relative, another person acted as a liaison between Allegrino and the clients. This person attempted to contact Allegrino, but without success.
      The clients remained incarcerated, and Allegrino was not forthcoming with correct information regarding the status of the bail money.
      In May 2004 a cousin of one of the clients filed a grand theft complaint against Allegrino with the New York State Police. The current status of the case is unknown.
      The bar's Review Department concluded that Allegrino failed to provide any services to the clients, failed to post bail for them, and failed to file documents for their asylum.
      In aggravation, Allegrino had a record of prior discipline. In October 2005 he was suspended for one year and placed on five years of probation for failing to perform legal services competently, filing frivolous lawsuits, charging illegal or unconscionable fees, overreaching, failing to refund unearned fees, and engaging in acts of moral turpitude, dishonesty, or corruption. He also was ordered to make restitution of $16,300 to two clients.
      In the current matter the misconduct involved multiple acts of wrongdoing that caused significant harm to the clients. Allegrino also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct, and he provided false testimony during the State Bar proceedings.
      The order took effect November 9.
     
      Mario A. Bautista, State Bar # 188173, San Jose (September 11). Bautista, 48, received a summary disbarment for his conviction in October 2006 for failing to appear in court after being released on bail. The order took effect October 11.
     
      Bret D. Bechtold, State Bar # 184692, Concord (October 5). Bechtold, 40, received a summary disbarment after his conviction for possessing and trafficking a controlled substance, a felony involving moral turpitude.
      In February 2007 Bechtold was placed on interim suspension, and in November the Review Department found that his conviction met the criteria for summary disbarment.
      The order took effect November 4.
     
      Melina J. Burns, State Bar # 162266, Oakland (October 10). Burns, 41, was disbarred after being found culpable of 23 counts of misconduct in nine client matters.
      The counts included failing to perform legal services competently, failing to appear for scheduled court hearings, failing to return unearned fees, accepting fees from a nonclient, failing to respond to status inquiries, failing to keep clients informed about developments in their cases, failing to return client files, failing to provide accountings, failing to obey court orders, withdrawing from employment without court approval, and attempting to mislead a judge.
      Burns also was ordered to make restitution of $19,600 to nine clients and pay $250 in sanctions to the superior court.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to her clients. She demonstrated indifference toward rectification of or atonement for the consequences of her misconduct by failing to return unearned fees to her clients. Also, she failed to participate in the State Bar proceedings. In mitigation, Burns had no record of prior discipline since being admitted to the bar in 1992.
      The order took effect November 9.
     
      Craig M. Hunt, State Bar # 48040, San Francisco (October 5). Hunt, 69, was disbarred in a Review Department opinion for continuing to practice law during a suspension, failing to submit quarterly probation reports, and engaging in acts of moral turpitude, dishonesty, or corruption.
      In aggravation, Hunt had a record of prior discipline. In 1992 he received a private reproval for failing to avoid interests adverse to a client. In August 2002 he was suspended for 90 days and until he made restitution of $5,000 to one client, and he was placed on three years of probation. Hunt was disciplined for entering into a business transaction with a client without the client's informed written consent and without advising the client he could seek advice from other counsel, and for engaging in acts of moral turpitude. In mitigation, the Review Department gave limited weight to Hunt's character evidence, his community service, and his family problems.
      The order took effect November 4.
     
      John R. LaBrucherie, State Bar # 141051, Ontario (September 19). LaBrucherie, 48, was disbarred for failing to comply with rule 9.20 of the Rules of Court.
      In April 2006 LaBrucherie was suspended for one year for failing to perform legal services competently, failing to communicate with clients, improperly withdrawing from a case by failing to take reasonable steps to avoid reasonably foreseeable prejudice to a client, engaging in acts of moral turpitude, and failing to cooperate with a State Bar investigation. Conditions to the discipline required LaBrucherie to notify clients and opposing counsel of his suspension within 30 days and file 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, LaBrucherie had a record of prior discipline, the underlying matter. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to comply with rule 9.20. Also, he failed to participate in the State Bar proceedings prior to entry of his default.
      The order took effect October 19.
      Juan A. Molina, State Bar # 177982, Calexico (September 5). Molina, 40, was disbarred for engaging in the unauthorized practice of law, intentionally misleading the courts by misstatements of fact, failing to comply with conditions to a previous discipline, and engaging in acts of moral turpitude, dishonesty, or corruption.
      In November 2005 Molina was suspended for 60 days and placed on two years of probation for engaging in the unauthorized practice of law and engaging in acts of moral turpitude, dishonesty, or corruption. During the time of his suspension-November 2005 through January 2006-he continued to practice law and attempted to appear in court on behalf of clients.
      The court knew Molina was suspended and ordered him not to appear again until his suspension ended. The court also advised Molina's clients to seek other counsel.
      Between February and April 2006 Molina was placed on inactive status for failing to pass the professional responsibility exam. He hired another attorney to make special appearances on his behalf, explaining that calendar conflicts prevented him from attending the scheduled sessions. Special counsel advised the court of Molina's reasons for not appearing. Molina knew his statements to the court were false.
      In aggravation, Molina had a record of prior discipline. In December 2004 he was suspended for 30 days and placed on two years of probation for failing to perform legal services competently, failing to communicate, and engaging in acts of moral turpitude. In November 2005 the underlying matter occurred.
      The current misconduct involved multiple acts of wrongdoing that harmed clients and the administration of justice. He also displayed a lack of candor and cooperation during the State Bar proceedings, and he failed to file a pretrial status-conference statement, although he was reminded to do so on two occasions.
      The order took effect October 5.
     
      Margaret E. Monos, State Bar # 146871, Los Angeles (September 5). Monos, 43, was disbarred after being found culpable of misconduct for failing to promptly respond to client inquires, failing to advise clients of significant developments in their cases, failing to return unearned fees, failing to perform legal services competently, failing to provide an accounting, improperly withdrawing from representation, failing to return a client file, and failing to cooperate in six State Bar investigations. She was also ordered to make restitution of $10,100 to five clients.
      In aggravation, Monos had a record of prior discipline. In June 2007 she was suspended for two years and until she made restitution of $6,000 to three clients and until the State Bar Court granted a motion terminating the suspension. The misconduct in the current matter involved multiple acts of wrongdoing that caused significant harm to her clients. She also failed to participate in the State Bar proceedings before entry of her default.
      The order took effect October 5.
     
      Cheryl A. Podbielski, State Bar # 134570, Torrance (September 28). Podbielski, 49, was disbarred for failing to tell the State Bar whether she had notified clients and opposing counsel of her suspension from practice.
      In May 2006 Podbielski was suspended for 30 days and until the State Bar Court granted a motion terminating the suspension. She was disciplined for improperly withdrawing from representation and failing to cooperate with a State Bar investigation.
      Conditions to the suspension required Podbielski to notify clients and opposing counsel of her suspension within 30 days and file an affidavit of compliance within 40 days. She failed to file the affidavit and failed to provide an explanation to the State Bar for her noncompliance.
      In aggravation, Podbielski had a record of prior discipline, the underlying matter. She also demonstrated indifference toward rectification of or atonement for the consequences of her misconduct.
      The order took effect October 28.
     
      Jonathan R. Tyrell, State Bar # 206398, Rocklin (October 10) Tyrell, 40, received a summary disbarment in a Review Department opinion after he was convicted of forgery, a felony.
      The order took effect November 9.
      SUSPENSION
      Dawna S. Andersen, State Bar # 186874, Tigard, Oregon (October 5). Andersen, 41, was suspended for 90 days and placed on two years of probation for failing to perform legal services competently.
      In October 2003 Andersen was paid $3,000 to represent a client in a marital dissolution. She filed the petition for dissolution and prepared a settlement agreement, but she failed to finalize the dissolution.
      In mitigation, Andersen had no record of prior discipline since being admitted to the bar in 1996.
      The order took effect November 4.
     
      Susanne A. Griffin, State Bar # 146972, Santa Monica (September 5). Griffin, 59, was suspended for 30 days and placed on two years of probation for helping send a letter from one prisoner to another in segregated areas of a state prison.
      In July 2005 Griffin represented a client who was incarcerated at Pelican Bay prison. She received a letter from the client that he wanted her to forward to another inmate at Pelican Bay. Both prisoners were in different, segregated sections of the prison and were not allowed to correspond with each other. Griffin sent her client's letter to the other prisoner in an envelope printed with her law office address and name on the return address portion.
      A guard at the prison brought the letter to the other prisoner. The guard opened the letter and found a handwritten note from Griffin's client to the other prisoner. The guard recognized the handwriting as belonging to Griffin's client and called Griffin, who confirmed that she had sent the letter.
      In mitigation, Griffin had no record of prior discipline since being admitted to the bar in 1990. She cooperated with the State Bar during its investigation and proceedings.
      The order took effect October 5.
     
      Colin J. Kooyumjian, State Bar # 172216, Friant (September 29). Kooyumjian, 39, was suspended for 18 months and placed on two years of probation after he was found culpable of misconduct in five client matters. He was disciplined for failing to perform legal services competently, failing to communicate, failing to promptly respond to client inquiries, failing to keep a client informed about developments in the client's case, failing to return unearned fees, engaging in the unauthorized practice of law, failing to promptly return client papers and property, failing to cooperate with a State Bar investigation, and failing to maintain a current address with the State Bar.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Kooyumjian had no record of prior discipline since being admitted to the bar in 1994. Also, during the period of misconduct he became ill and was hospitalized.
      The order took effect October 28.
     
      Robert A. Martin, State Bar # 62018, Vallejo (September 28). Martin, 68, was suspended for one year and placed on two years of probation for failing to perform legal services competently, failing to return unearned fees, and failing to keep a client informed about developments in the client's case.
      In August 2004 Martin was paid $1,500 to have a client's drivers license reinstated. Between September and December 2004 the client spoke with Martin about the status of the case. Martin assured the client that he was waiting for the judge to review the case. In January 2005, in a telephone conversation, Martin told the client there was nothing he could do about the client's license. The client requested Martin to return the advance fee.
      Martin then told the client to personally visit a specific traffic commissioner. The client met with the traffic commissioner, who did not know Martin and had no knowledge of the client's case. Martin failed to file pleadings on behalf of the client, and he failed to contact the traffic commissioner about the client's case.
      Between February and August 2005 the client sent two letters and placed several telephone calls to Martin requesting return of the $1,500. Martin did not return the advance fee until April 2007.
      In aggravation, Martin had a record of prior discipline. In 1988 he received a private reproval, and in 1990 he was placed on probation for one year for failing to promptly pass the professional responsibility exam. In mitigation, he cooperated with the State Bar during its investigation and proceedings. Also, at the time of the current misconduct Martin had surgery to remove a cancerous lung and was hospitalized for several months.
      The order took effect October 28.
     
      James R. Miller III, State Bar # 198567, San Diego (September 11). Miller, 36, was suspended for six months and until he makes restitution of $2,000 to two clients and pays sanctions of $3,744.
      Miller was found culpable of misconduct for failing to return a client file, improperly withdrawing from representation, failing to perform legal services competently, failing to return unearned fees, failing to comply with a court order, and failing to cooperate with two State Bar investigations.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. Miller also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
      The order took effect October 11.
     
      Patricia L. Nelson, State Bar # 192095, Sacramento (September 11). Nelson, 43, was suspended for 30 days and placed on two years of probation for engaging in acts of moral turpitude, dishonesty, or corruption.
      In December 2005 Nelson purchased a software program on how to market services and obtain clients with tax liens. The publisher of the program collected data from the purchasers of its product and used their names to advertise and solicit potential clients. The company used Nelson's letterhead and signature in mass mailings to individuals who were the targets of state and federal tax liens. The statements described Nelson as having significant experience in representing clients before the IRS and as having obtained successful results for clients. The statements made by the company were untrue and misleading, because Nelson had no experience in tax liens and never represented a client before the IRS. Nelson failed to make any efforts to correct the misleading statements.
      In mitigation, Nelson had no record of prior discipline since being admitted to the bar in 1997. Also, she cooperated with the State Bar during its investigation and proceedings.
      The order took effect October 11.
     
      Renay G. Rodriguez, State Bar # 196657, Chatsworth (September 29). Rodriguez, 43, was suspended for 90 days and placed on five years of probation after being found culpable of misconduct in eight matters. She was disciplined for failing to comply with conditions to a public reproval, failing to maintain client funds in trust, failing to pay out funds on behalf of a client, failing to pay third-party lienholders, allowing client funds to be deposited into her general bank account, failing to perform legal services competently, failing to inform clients about significant developments in their cases, and improperly withdrawing from representation.
      In aggravation, Rodriguez had a record of prior discipline, a 2002 public reproval. The current misconduct involved multiple acts of wrongdoing that harmed her clients. In mitigation, she cooperated with the State Bar during its investigation and proceedings. Also, during the period of misconduct Rodriguez suffered from mental and physical health problems. She no longer suffers from those problems.
      The order took effect October 28.
     
      James P. Swanseen, State Bar # 159918, San Rafael (September 5). Swanseen, 59, was suspended for 60 days and placed on three years of probation for driving without a valid drivers license, possessing a controlled substance, accepting legal fees from a nonclient, acquiring an interest adverse to a client, failing to perform legal services competently, failing to obey a court order, withdrawing from representation without court approval, and failing to maintain respect for the courts.
      In May 2003 Swanseen was stopped by police for a driving violation. The police found that he was driving with a suspended license and without proof of insurance.
      In a second matter, in December 2003 the police stopped Swanseen's vehicle because his license-plate light was not working. The police noticed that Swanseen appeared to be placing items from his vehicle into his pockets. Officers asked Swanseen if they could search the vehicle, but he refused. Swanseen and his passengers exited the vehicle. He locked the vehicle doors and walked away.
      Later, the police searched Swanseen's vehicle and found residue of methamphetamine. In April 2004 he was convicted of having a controlled substance.
      In a third matter, in June 2004, while representing a criminal defendant, Swanseen failed to appear in court to set a preliminary hearing date for his client. The court rescheduled the matter to July 2004, but Swanseen failed to appear. The court issued an order to show cause for his nonappearance. Two weeks later a hearing was held on the order, during which Swanseen offered an explanation for his nonappearance. The court found Swanseen's excuse inadequate and imposed sanctions of $150, to be paid in August 2004. The court also rescheduled setting a date for his client's preliminary hearing to September 2004.
      Swanseen failed to appear on the new date. The day Swanseen was to appear, the client died. The court was informed of the death by the deputy district attorney. The court ordered Swanseen to appear in October 2004, but he failed to do so. The court imposed sanctions of $1,500 against Swanseen, but he failed to make payment in a timely manner.
      In a fourth matter, in August 2004 Swanseen was hired by the father of a criminal defendant to represent his son. The fee agreement called for the father to turn over possession of the son's van along with the certificate of title. The agreement specified that Swanseen was not to drive the van.
      Swanseen took possession of the vehicle but failed to obtain the client's written consent to the terms of the agreement. He also failed to advise the client of his right to seek independent counsel regarding the terms of the agreement. Swanseen accepted fees from a nonclient and acquired an adverse interest in the client's property.
      In a fifth matter, in May 2005 police officers recognized Swanseen driving a van. They stopped the vehicle, and after a search they discovered a plastic bag and another container, both of which tested positive for methamphetamine. In December 2005 Swanseen was convicted of possessing a controlled substance.
      In aggravation, Swanseen's misconduct caused significant harm to his clients, and a client's van was damaged while in Swanseen's possession. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by repeatedly failing to make court appearances and failing to promptly pay sanctions. In mitigation, Swanseen had no record of prior discipline since being admitted to the bar in 1992. During the time of his misconduct he suffered from severe family problems and severe dental problems, which caused pain that interfered with his ability to function.
      The order took effect October 5.
     
      Michael H. M. Todaro, State Bar # 170248, Nha Trang, Vietnam (September 5). Todaro, 62, was suspended for three months and placed on two years of probation for entering into an agreement with a client to withdraw a State Bar complaint in return for settling a client's case, failing to return unearned fees, and failing to provide an accounting.
      In April 2004 Todaro was paid $5,000 to substitute into a civil case representing husband-and-wife defendants. In April 2005 the clients requested and received from Todaro an accounting that stated the clients owed Todaro $30,000 in fees and costs. The client objected to the accounting and in June 2005 filed a complaint with the State Bar.
      The clients also filed a small claims action against Todaro, and that matter was settled in September 2005. Todaro agreed to drop his lawsuit against the clients if they would withdraw their complaint with the State Bar. In October 2005 the clients withdrew their complaint.
      In a second matter, in August 2005 Todaro was paid $1,500 to represent a client in a civil action against the client's insurance company following the loss of the client's home in a fire. Before hiring Todaro, the client had attempted to negotiate a settlement with the insurer through an independent insurance adjuster. In September 2005 the client terminated Todaro's services.
      Two days before the termination, the client's sister talked with Todaro by telephone and advised him that her sibling was going to terminate his employment. In September 2005 Todaro sent three email messages to the client's sister describing her in unflattering terms. In October 2005 the client wrote to Todaro requesting the return of the advance fee. He failed to return any unearned fees and failed to provide the client with an accounting.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Todaro had no record of prior discipline since being admitted to the bar in 1994.
      The order took effect October 5.
     
      Richard Wong, State Bar # 192970, Alhambra (September 19). Wong, 36, was suspended for one year and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failing to comply with conditions to a previous discipline and failing to cooperate with a State Bar investigation. Wong was given credit toward his one-year suspension for the period of his involuntary inactive enrollment that began May 9, 2007.
      In March 2005 Wong was suspended for 60 days and placed on two years of probation for failing to maintain client funds in trust, misappropriating funds, failing to promptly pay out funds on behalf of a client, failing to communicate, and failing to keep clients reasonably informed about significant developments in their cases. Conditions to the discipline required him to submit quarterly reports and attend the State Bar Law Practice Management and Technology (LPMT) section. He failed to submit probation reports for the last two quarters of 2005, failed to submit reports for all of 2006, and failed to submit evidence of attendance in the LPMT section.
      In 2005 a client filed a complaint against Wong with the State Bar. Between March and October 2005 a State Bar investigator wrote to Wong on five occasions requesting a written response to the client's allegations of misconduct. Wong failed to respond to the investigator's letters.
      In aggravation, Wong had a record of prior discipline, the underlying matter. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to comply with conditions to the 2005 discipline. Also, he failed to participate in the State Bar proceedings prior to entry of his default.
      The order took effect October 19.
      PROBATION
      Kenneth P. Feria, State Bar # 221685, Universal City (September 5). Feria, 37, was placed on two years of probation after being found culpable of misconduct in three client matters by failing to perform legal services competently and failing to communicate by not responding promptly to the clients' reasonable status inquiries.
      Between 2001 and 2003 Feria represented clients in three civil cases. He failed to complete the matters for which he was hired.
      The order took effect October 5.
     
      Paul J. Majors, State Bar # 153641, Mission Viejo (September 11). Majors, 59, was placed on two years of probation for failing to perform legal services competently and failing to cooperate with a State Bar investigation. He also was ordered to make restitution of $3,000 to one client.
      In January 2003 Majors was paid $9,500 to represent parents and their minor child in a claim against a school district. In August 2003 the case settled. The defendant school district agreed to pay the plaintiffs' attorneys fees and asked Majors to send copies of fees and costs. The clients repeatedly asked Majors to send copies of his billing statements to the school district, but he failed to do so.
      In January 2004 the clients hired an attorney to help them obtain an accounting. The new attorney wrote to Majors in January and October 2004, but Majors failed to respond to the attorney's letters. On two dates in November 2005 and in February 2006, a State Bar investigator wrote to Majors requesting a written response to allegations of misconduct the clients had filed against him, but he failed to respond to the investigator's letters.
      In mitigation, Majors had no record of prior discipline since being admitted to the bar in 1991.
      The order took effect October 11.
     
      Richard E. Quintilone II, State Bar # 200995, Lake Forest (September 19). Quintilone, 34, was placed on two years of probation following his conviction for violating Penal Code section 273(a), spousal abuse, and communicating with a party represented by counsel.
      In May 2005, after returning home from a party, Quintilone and his wife engaged in an altercation. The wife ran to a neighbor's house and called the police. In July 2006 the court sentenced Quintilone to three years of probation, and reduced the violation to a misdemeanor. He was required to perform 80 hours of community service, ordered to pay fines and costs, and ordered to complete a program on spousal abuse.
      In a second matter, while representing plaintiffs in a civil matter in May 2005, Quintilone wrote to the defendants in an effort to settle the matter, bypassing their attorney.
      The order took effect October 19.
      PUBLIC REPROVAL
      S. Sean Bral, State Bar # 190489, Los Angeles (September 24). Bral, 35, received a public reproval for representing more than one party in a matter in which the interests of the clients were in potential conflict.
      In December 2000 Bral was hired to represent husband-and-wife clients, along with their three minor grandchildren, for injuries they sustained in an automobile accident. Bral failed to obtain the clients' informed written consent to represent each of them in their claims.
      The order took effect October 16.
     
      Michael A. Gulla, State Bar # 80133, Visalia (September 18). Gulla, 55, received a public reproval following his conviction for drunken driving.
      In February 2004 Gulla was arrested for driving under the influence of alcohol. A blood test revealed his blood-alcohol level to be .16 percent. In July 2005 Gulla pleaded nolo contendere to driving under the influence of alcohol. The following day, he pleaded nolo contendere to the related charge of driving under the influence of alcohol with a blood-alcohol level greater than .08 percent.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Gulla cooperated with the State Bar during its investigation and proceedings. Also, he demonstrated remorse by submitting to blood tests and accepting responsibility in the case.
      The order took effect October 9.
     
     

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