Discipline Report

      DISBARMENT
     
      John P. Bruno, State Bar # 32822, West Hills (April 13). Bruno, 68, was disbarred for failing to promptly notify clients and opposing counsel that he had been disciplined.
      In January 2006 Bruno was suspended for two years and until he made restitution of $2,000 to a client. He was disciplined for failing to participate in a disciplinary investigation, failing to perform legal services competently, improperly withdrawing from representation, failing to communicate, failing to return client papers and property, and failing to return unearned fees.
      Conditions to the discipline required Bruno to comply with rule 9.20 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 promptly file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In October 2004 Bruno was placed on six months of probation and ordered to make restitution to a client. He was disciplined for failing to perform legal services competently, improperly withdrawing from representation, and failing to promptly return unearned fees.
      In aggravation, Bruno had a record of prior discipline. In June 1994 he was placed on 18 months of probation for misconduct in two client matters. The misconduct included failing to communicate with clients, failing to maintain client funds in trust, improperly withdrawing from representation, failing to promptly return unearned fees, failing to perform legal services competently, and failing to cooperate with a State Bar investigation. The October 2004 probation was to run consecutively with the June 1994 discipline. Also, Bruno demonstrated indifference toward rectification of or atonement for failing to comply with rule 9.20 and failing to participate in the State Bar disciplinary proceedings before entry of his default.
      The order took effect May 13.
     
      Judith A. Finch, State Bar # 114851, Walnut Creek (April 13). Finch, 71, was disbarred for failing to comply with conditions to a previous order of discipline.
      In April 2004 Finch was suspended for 60 days and placed on two years of probation for failing to disclose the terms of several loans she made to three clients, failing to advise the clients of their right to seek advice of independent counsel, failing to get the clients' consent to subsequent loans, and failing to perform legal services competently. She failed to comply with conditions to the discipline by failing to promptly file some of her probation reports, failing to file her 2006 probation reports, failing to complete ethics school, and failing to complete six hours of continuing legal education courses.
      In aggravation, Finch had a record of prior discipline. In May 2000 she was to be suspended for 30 days for failing to pay a judgment entered against her. She filed a motion with the State Bar Court requesting an extension of the effective date of her suspension, which the court granted. But she failed to pay the judgment on time.
      In April 2004 the underlying matter occurred. Finch remained suspended until September 2004. Until June 2004 Finch continued to practice law while on inactive status by filing documents with the court. The documents included a substitution-of-attorney form, an application for waiver of court fees and costs, an amended petition for letters of administration in a case, and a notice of hearing. She also appeared in court on behalf of a client. In October 2006 Finch was suspended for one year for practicing law while on suspension.
      The order took effect May 13.
     
      Anthony I. Furr, State Bar # 61204, Sacramento (April 11). Furr, 69, was disbarred after he was convicted of conspiring to dissuade a witness from testifying, dissuading a witness from testifying for gain, offering to bribe a witness, and conspiring to pervert or obstruct justice, all felonies.
      In April 2000 Furr was placed on interim suspension for the Penal Code violations. In July 2000 he was sentenced to serve three years in prison. He was incarcerated through April 2001 and was released pending an appeal. In February 2003 the court of appeal affirmed his conviction. In May 2003 the Supreme Court denied Furr's petition for review. He returned to prison in early 2003 and was released in March 2004.
      In aggravation, the misconduct involved multiple acts of wrongdoing, which were surrounded by bad faith and dishonesty. Also, the misconduct caused significant harm to the administration of justice, and Furr demonstrated indifference toward rectification of or atonement for failing to comply with rule 9.20 of the Rules of Court.
      The order took effect May 11.
     
      Lawrence A. Merryman, State Bar # 28984, Newport Beach (April 16). Merryman, 75, was disbarred for failing to comply with rule 9.20 of the Rules of Court.
      In November 2005 Merryman 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 one year. He was given credit toward his period of involuntary inactive enrollment, which began on August 26, 2005. Merryman was disciplined for failing to comply with conditions to a 2004 probation. Conditions to the November 2005 discipline required Merryman to comply with rule 9.20 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, Merryman had a record of prior discipline in August 2000, August 2002, April 2004, and the underlying matter in 2005. Also, he failed to cooperate with the State Bar or participate in the proceedings prior to entry of his default.
      The order took effect May 16.
     
      Steven J. Riggs, State Bar # 147745, Irvine (April 13). Riggs, 47, was disbarred for failing to return unearned fees, failing to respond promptly to client inquiries, failing to keep clients informed about developments in their cases, failing to maintain a current address with the State Bar, and engaging in acts of moral turpitude, dishonesty, or corruption.
      In March 2003 Riggs was paid $500 to represent a client in a bond hearing in U.S. District Court. He made only one appearance in the matter. In April 2003 Riggs was paid $5,000 to represent the client at trial. His opening brief was due to be filed in June 2003, but he failed to file it. About two weeks later the court ordered Riggs to file the brief within 14 days and to file a motion for relief from default. He failed to comply. The court issued further orders to Riggs, but he failed to respond or comply.
      Between April and October 2004 Riggs was on suspension. In July 2004 the court appointed new counsel for the client. Riggs failed to perform any services for the client and failed to return the $5,000 advance fee. Riggs also failed to inform the client of his suspension and failed to tell the client he would not prosecute the client's appeal. In September 2005 and February 2006 the State Bar wrote to Riggs requesting a written response to allegations of misconduct filed against him by the client. Both letters were returned as undeliverable.
      In aggravation, Riggs had a record of prior discipline. In April 2004 he was suspended for six months and placed on three years of probation for failing to return unearned fees, failing to release client papers and property, failing to perform legal services competently, failing to take steps to avoid prejudice to a client, failing to provide an accounting, and failing to comply with conditions to a public reproval. In July 2006 his previously ordered stay of execution of suspension was lifted, the previous order of probation was revoked, and a new order was issued in which Riggs was suspended for two years. He was disciplined for failing to comply with conditions to a previous disciplinary order.
      The order took effect May 13.
     
      Ann L. Smith, State Bar # 94331, Sherman Oaks (April 13). Smith, 79, was disbarred for failing to comply with court orders.
      In July 2002 Smith was placed on three years of probation and ordered to make restitution of $3,000 to the U.S. Bankruptcy Court and $1,000 to the Office of the U.S. Trustee. The restitution payments were due by the end of Smith's probation period. She was disciplined for failing to comply with court orders to pay sanctions, failing to report sanctions of $1,000 or more to the State Bar, and failing to perform legal services competently.
      In July 2005 Smith filed a motion for an extension of time to pay the sanctions. The court granted the motion and set December 31, 2005, as the new payment date. An amended order filed August 2005 extended Smith's probation to January 2006. Smith failed to pay the sanctions.
      In aggravation, Smith had a record of prior discipline. In July 2002 the underlying matter occurred. In February 2003 she was suspended for 30 days and placed on two years of probation for failing to maintain client funds in trust. In May 2005 Smith was suspended for 45 days and placed on one year of probation for failing to maintain client funds in trust, failing to comply with conditions to the 2003 discipline, and failing to cooperate with a State Bar investigation. In mitigation, Smith was candid and cooperative during the State Bar proceedings.
      The order took effect May 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.
     
      Michael R. Avery, State Bar # 58737, North Hollywood (April 20). Avery, 61, resigned from the bar on April 3. The order took effect May 20.
     
      Jaynelle K. Bell, State Bar # 154264, Rodeo (April 27). Bell, 54, resigned from the bar on April 3. The order took effect May 27.
     
      Jay N. Eiser, State Bar # 68860, Long Beach (April 3). Eiser, 59, resigned from the bar on February 9. The order took effect May 3.
     
      Troy L. Ellerman, State Bar # 161955, Colorado Springs, Colorado (April 13). Ellerman, 44, resigned from the bar on February 28. The order took effect May 13.
     
      Bita L. Hoffman, State Bar # 159205, San Diego (April 13). Hoffman, 41, resigned from the bar on March 16. The order took effect May 13.
     
      Ronald O. Lyerla, State Bar # 44560, Redding (April 13). Lyerla, 67, resigned from the bar on February 22. The order took effect May 13.
     
      Patrick M. McGrath, State Bar # 166876, Modesto (April 13). McGrath, 45, resigned from the bar on March 1. The order took effect May 13.
     
      Daniel P. Whaley, State Bar # 99577, Hood (April 20). Whaley, 50, resigned from the bar on March 23. The order took effect May 20.
     
      Dixon R. Wolcott, State Bar # 58667, Westminster (April 13). Wolcott, 61, resigned from the bar on March 13. The order took effect May 13.
     
      SUSPENSION
     
      S. Callaghan Brickwood, a.k.a. Susan L. Brickwood, State Bar # 96324, New York, New York (April 25). Brickwood, 60, was suspended for 90 days and placed on one year of probation for failing to perform legal services competently, improperly withdrawing from representation, and failing to deposit client funds into the client trust account.
      In aggravation, the misconduct involved client trust account violations. In mitigation, Brickwood had no record of prior discipline since being admitted to the bar in 1980. Also, she cooperated with the State Bar during its investigation and proceedings.
      The order took effect May 25.
     
      Justin M. Gingery, State Bar # 204217, Elk Grove (April 25). Gingery, 32, was suspended for 90 days and placed on two years of probation for assisting a nonattorney in the unauthorized practice of law and failing to maintain client funds in trust.
      In 2000 Gingery operated two law offices. In June 2000 Gingery hired his father, a nonattorney, as the administrator for one of the offices. From June 2000 to December 2002 Gingery failed to adequately supervise the office by allowing his father to interview new clients, negotiate settlements, sign medical liens, discuss settlements with clients, collect settlement funds, and deposit settlement funds into the client trust account. Also, his father instructed Gingery on how to disburse settlement funds.
      In mitigation, Gingery cooperated with the State Bar during its investigation and proceedings, and he agreed to the discipline without the need for a hearing. He also took steps to correct the management of his law office.
      The order took effect May 25.
     
      Richard R. Hurley, State Bar # 183440, Tustin (April 25). Hurley, 49, was suspended for two years and placed on five years of probation after being found culpable of attorney misconduct in eleven client matters. He was disciplined for failing to maintain client funds in trust, failing to perform legal services competently, misappropriating client funds, improperly withdrawing from representation, failing to return unearned fees, failing to communicate with a client, failing to promptly return a client file, failing to notify the court about his change of address, and engaging in acts of moral turpitude, dishonesty, or corruption. He was ordered to make restitution to six clients.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to Hurley's clients, the public, or the administration of justice. In mitigation, the State Bar Court gave no weight to Hurley's lack of a record of discipline because the misconduct occurred less than three years after his admission to the bar in 1996. He has made restitution to some clients and has agreed to pay the remaining clients as a condition to his probation. Also, he cooperated with the State Bar during its investigation and proceedings.
      The order took effect May 25.
     
      PROBATION
     
      Jonathan A. Bornstein, State Bar # 196345, San Rafael (April 13). Bornstein, 37, was placed on three years of probation after his conviction for driving under the influence of alcohol with two prior convictions, a misdemeanor.
      In February 2005 Bornstein was arrested for driving under the influence of alcohol. His blood-alcohol level was determined to be 0.10 percent, above California's legal limit of 0.08 percent. In February 2006 Bornstein pleaded guilty to the violation and was sentenced to 120 days in jail. Also, his driver's license was suspended for three years, and he was declared a habitual traffic offender. He was fined $2,137.
      In aggravation, Bornstein's misconduct involved multiple acts of wrongdoing. In mitigation, Bornstein cooperated with the State Bar during its investigation and proceedings.
      The order took effect May 13.
     
      Robin C. Carr, State Bar # 154023, San Diego (April 13). Carr, 43, was placed on two years of probation for failing to comply with conditions to a private reproval.
      In May 2005 Carr received a reproval for misconduct, with conditions that required her to file quarterly probation reports and attend and pass State Bar ethics school. She failed to file reports promptly for July and October 2005 and failed to file all reports in 2006. She also failed to attend State Bar ethics school.
      In aggravation, Carr had a record of prior discipline, the underlying matter. Also, the current matter involved multiple acts of wrongdoing. In mitigation, beginning before the reproval, Carr suffered severe family and financial stress.
      The order took effect May 13.
     
      John T. Coates, State Bar # 207175, Long Beach (April 13). Coates, 36, was placed on two years of probation for failing to perform legal services competently, failing to keep clients informed about developments in their case, and failing to comply with conditions to a public reproval.
      In aggravation, Coates had a record of prior discipline. In April 2005 he received a public reproval for failing to perform legal services competently and failing to comply with conditions to an agreement in lieu of discipline. In May 2006 the State Bar Court extended the reproval to September 2006. In mitigation, Coates cooperated with the State Bar during its investigation and proceedings. He also demonstrated remorse for his misconduct and made restitution without the threat of State Bar involvement.
      The order took effect May 13.
     
      Ruth C. Rose, State Bar # 145887, Los Angeles (March 29). Rose, 64, was placed on two years of probation for failing to obey a court order and failing to pay judicial sanctions.
      In November 2005 Rose received a notice for a juvenile-dependency hearing for her client, but she failed to appear. The court issued an order to show cause and set a hearing for the following week, but Rose failed to appear. The court imposed sanctions of $500 against Rose and ordered her to pay within 30 days, but she failed to do so.
      In mitigation, Rose had no record of prior discipline since being admitted to the bar in 1990.
      The order took effect April 28.
     
      Robert H. Stover, State Bar # 202725, Hanford (February 21). Stover, 50, had his previous order of probation extended for one year because he failed to comply with conditions to a previous disciplinary order.
      In January 2006 Stover was placed on two years of probation for failing to perform legal services competently, failing to communicate with a client, and failing to cooperate with a State Bar investigation. He failed to comply with the imposed conditions by failing to promptly file a probation report for April 2006 and failing to submit to a random blood test as required by the Lawyer Assistance Program.
      In aggravation, Stover had a record of prior discipline. In January 2004 he received a public reproval for failing to perform legal services competently, failing to communicate with a client, failing to comply with an agreement in lieu of discipline, and failing to cooperate with a State Bar investigation. In January 2006 the underlying matter occurred. In mitigation, Stover recognized his failure to make regular calls to his Lawyer Assistance Program manager, and he implemented a better method for compliance.
      The order took effect March 23.
     
      PUBLIC REPROVAL
     
      Ayal Abrams, State Bar # 224469, Hillsborough (February 21). Abrams, 33, received a public reproval for failing to perform legal services competently.
      In January 2006 Abrams made contact with a real estate expert three days before his expert-witness designation was due. The expert sent Abrams a copy of her qualifications and a contract, along with a request for a $1,500 nonrefundable deposit upon acceptance of the case. On the day the designation was due, the expert left Abrams a telephone message saying that before she would accept the offered employment, Abrams needed to sign the contract and pay the $1,500 fee, but he failed to satisfy those conditions. Without the expert's knowledge and consent, Abrams prepared an expert witness declaration in which he stated the expert would testify at trial.
      That same month the expert left two phone messages for Abrams, but he failed to respond to the calls. Later, the expert learned that she was designated as an expert. In February 2006 she sent Abrams a letter by mail and fax demanding that she be removed as the designated expert. In March 2006 Abrams amended his declaration, replacing the designated expert.
      In mitigation, Abrams cooperated with the State Bar during its investigation and proceedings.
      The order took effect March 14.
     
      Emily J. Adams, State Bar # 221895, Temecula (March 5). Adams, 30, received a public reproval for failing to perform legal services competently, failing to communicate with clients, and failing to respond to client status inquiries.
      In mitigation, during the time of her misconduct Adams suffered personal and emotional problems. Since that time, she has recovered and is no longer practicing law.
      The order took effect March 27.
     
      Hassan A. Allen, State Bar # 241446, Los Angeles (March 28). Allen, 34, received a public reproval for failing to obey the laws of California.
      In January 2006 a local police officer discovered Allen's car with two flat tires stopped in a lane of traffic. Allen and a second per-son were standing outside the car when the officer arrived. Allen and the other person displayed signs of intoxication. At the police station, Allen refused to provide the police with a blood sample or take a breath test. He had a prior conviction for driving under the influence in October 1996.
      In mitigation, Allen cooperated during the State Bar proceedings.
      The order took effect April 18.
     
      Matthew V. Brady, State Bar # 65273, Gold River (March 1). Brady, 57, received a public reproval for failing to respond promptly to client inquiries and negotiating a settlement after a client agreed to withdraw a State Bar complaint.
      In August 2004 Brady was paid $550 as a retainer to represent a client in a dispute over a house purchase. Between October 2004 and January 2006 the client wrote five letters to Brady inquiring about the status of the case, but Brady failed to respond. In January 2006 the client filed a complaint with the State Bar and also filed a small-claims action against Brady.
      In May 2006 a State Bar investigator wrote to Brady about the complaint. He replied to the investigator's letter and provided the requested documents. After being notified by the bar of the complaint, Brady agreed to settle the dispute by paying the client the amount requested. He sent the client a draft of the settlement agreement along with a draft of a letter Brady created for the client's signature, in which the client accepted the settlement by agreeing to withdraw the State Bar complaint. The client signed the letter, but Brady never sent it to the State Bar.
      In mitigation, Brady had no record of prior discipline since being admitted to the bar in 1975.
      The order took effect March 22.
     
      Lonnie J. Brandon, State Bar # 181410, Culver City (March 16). Brandon, 42, received a public reproval for failing to perform legal services competently and failing to keep a client informed about developments in the client's case.
      In March 2000 Brandon was hired to represent a client in a personal injury suit. In January 2002 the case settled for $2,795. Brandon paid himself legal fees, and he was to hold $2,000 in trust to pay the client's medical bills. In July 2003 the client requested $600 from the settlement, which Brandon sent to the client.
      In February 2005 the client received a collection notice about an unpaid medical bill. In October 2005 the client wrote to Brandon requesting an accounting. He replied to the client saying that he could not locate the file. In September 2006 Brandon paid the balance of the funds to the client.
      In mitigation, Brandon had no record of prior discipline since being admitted to the bar in 1996.
      The order took effect April 6.
     
      Ronald W. Brilliant, State Bar # 194694, Fairfield (February 20). Brilliant, 43, received a public reproval for failing to keep a client informed about developments in the client's matter and failing to maintain client funds in trust.
      In August and September 2003 Brilliant was paid $1,200 to obtain a visa for a German citizen. In October 2003 he was paid $240 in filing fees, but he failed to deposit the money into his client trust account until March 2004. In September 2004 he sent the client a visa petition for review. In October 2004 he failed to respond promptly to status inquiries by the client and failed to keep the client informed about the visa matter. He also failed to respond to inquiries about the petition.
      In aggravation, the misconduct involved violations of Brilliant's client trust account. In mitigation, no clients were harmed by the misconduct.
      The order took effect March 13.
     
      Benjamin A. Brin, State Bar # 162214, Los Angeles (February 14). Brin, 44, received a public reproval for making a prejudicial statement about a client.
      In September 2002 Brin was hired to represent a client in a breach of contract case. In June 2003 Brin filed a motion to be relieved as the attorney in the case. In his reply brief in support of his motion, Brin attached a declaration in which he made prejudicial statements about the honor and reputation of his client.
      In mitigation, Brin had no record of prior discipline since being admitted to the bar in 1992.
      The order took effect March 7.
     
      David T. Harney, State Bar # 142760, Los Angeles (January 29). Harney, 53, received a public reproval for failing to cooperate with the State Bar during its investigation and proceedings.
      From March 1995 through November 2004 Harney represented 84 plaintiffs in toxic-tort litigation in U.S. District Court for the Central District of California. In 1999 he settled the case for 77 plaintiffs, and in May and June 2000 he received $43,000 on behalf of the settling plaintiffs. By November 2004 he had paid some of the settlement funds to the clients.
      In November 2004 Harney transferred $7,000 from his personal account to the client trust account. Around the same time, he closed the client trust account, which had a balance of $9,308.
      On two dates in June 2005 a State Bar investigator wrote to Harney requesting a written response to allegations of misconduct that were filed against him by some of the nonsettling plaintiffs. Harney failed to respond to the investigator's letters.
      In aggravation, Harney had a record of prior discipline. In January 2007 he was suspended for six months. He was disciplined for failing to perform legal services competently, failing to obey a court order, and failing to cooperate with a State Bar investigation. Also, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect March 6.
     
      Douglas Miranda, State Bar # 236821, Indio (March 6). Miranda, 29, received a public reproval after being found guilty of vehicular hit and run with property damage, a misdemeanor.
      In August 2005 Miranda lost control of his car and crashed into a wall on private property, damaging the wall. He left the scene of the accident without notifying the property owner, without leaving his name and address with the property owner, and without notifying the police department about the incident. In March 2006 he pleaded guilty to hit and run.
      In mitigation, Miranda cooperated with the State Bar during its investigation and proceedings.
      The order took effect March 27.
     
      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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