Discipline Report

DISBARMENT
      Kenneth E. Calkins Jr., State Bar # 102633, Glendale (September 26). Calkins, 75, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In August 2005 Calkins was suspended for 90 days and placed on three years of probation for failing to perform legal services competently, failing to communicate, improperly withdrawing from representation, failing to promptly return client papers and property, failing to promptly return unearned fees, and failing to cooperate with a State Bar investigation.
      Conditions to the discipline required Calkins to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Calkins had a record of prior discipline, the underlying matter.
      The order took effect October 26.
     
      Meredith M. Chang, State Bar # 148986, Sacramento (August 22). Chang, 45, was disbarred for failing to comply with rule 955 of the Rules of Court, engaging in the unauthorized practice of law, engaging in acts of moral turpitude, using funds from the client trust account to pay personal expenses and write checks, making ATM withdrawals against insufficient funds, and commingling.
      Between June 2003 and April 2004 Chang made 147 ATM withdrawals totaling $11,000 against the client trust account to pay personal expenses, using personal funds he earned and left in the client trust account or funds that he improperly deposited into the account. Between August 2003 and April 2004 he issued $5,000 in checks that were returned for insufficient funds or paid against insufficient funds. Between June 2003 and July 2004 he made 21 cash withdrawals that totaled $17,712. Between August 2003 and March 2004 he made point-of-sale purchases of $333 for personal purposes. Between November 2003 and March 2004 he issued six checks totaling $1,614 for personal purposes.
      Between June 2003 and September 2004 a State Bar investigator sent four letters to Chang regarding the returned checks and requesting him to respond in writing, but Chang failed to respond.
      In April 2004 Chang was suspended for 150 days and placed on two years of probation for failing to comply with conditions to a private reproval, failing to obey a court order, failing to cooperate in four bar investigations, engaging in acts of moral turpitude, and engaging in the unauthorized practice of law.
      Conditions to the suspension required Chang to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the bar for his noncompliance. In April 2004 Chang made court appearances in three criminal cases while on suspension.
      In aggravation, Chang had a record of prior discipline. In November 2000 he received a private reproval for attorney misconduct, and in April 2004 the underlying matter occurred. The current misconduct involved multiple acts of wrongdoing. He also failed to cooperate with a bar investigation and demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to comply with rule 955.
      The order took effect September 21.
     
      Roger A. Gerdes, State Bar # 158701, Carpinteria (September 13). Gerdes, 56, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In July 2005 Gerdes was suspended for six months. He was disciplined for improperly entering into a business transaction with a client, failing to perform legal services competently, failing to respond to client inquiries, and failing to return unearned fees.
      Conditions to the discipline required Gerdes to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Gerdes had a record of prior discipline. In July 2005 the underlying matter occurred. In April 2006 he was suspended for six months and until he made restitution of $3,000 to one client. He was disciplined for entering into an improper business transaction with a client and failing to cooperate with a State Bar investigation.
      The order took effect October 13.
     
      Tamir Oheb, State Bar # 161693, Granada Hills (September 7). Oheb, 41, was disbarred in a Review Department opinion after his conviction for violating Penal Code section 549, accepting improper referrals from others; capping; splitting fees with a nonattorney; engaging in acts of moral turpitude, dishonesty, or corruption; failing to perform legal services competently; and commingling funds.
      In 1991 Oheb was introduced to a former attorney by a business acquaintance in the hopes of increasing Oheb's personal injury business. The former attorney had resigned from the California State Bar in 1992 with disciplinary charges pending. The former attorney was charged with and found guilty of insurance fraud and other criminal acts. Later, Oheb received client referrals from the former attorney and continued to do so until December 1998.
      The former attorney used cappers and paid for cases that were staged accidents. Oheb and the former attorney agreed to split fees received from the personal injury cases. In June 1999 Oheb was arrested and charged with filing false insurance claims, conspiracy to commit grand theft, and capping. He pleaded nolo contendere to filing false insurance claims and was sentenced to 364 days in jail. He served 60 days and was placed on three years of criminal probation. He was required to pay a $200 fine. He also was ordered to perform 500 hours of community service and pay $40,000 in restitution. Oheb completed the terms of his sentence, and the superior court granted his motion to reduce the convictions to misdemeanors. In February 2004 the court terminated his criminal probation and set aside his guilty plea and the conviction.
      In aggravation, the misconduct involved multiple acts of wrongdoing for personal gain that caused significant harm to clients to whom Oheb owed a fiduciary duty and a duty as an attorney. His recklessness further exposed his clients to prosecution and other serious legal consequences. Although he paid $40,000 in restitution, he owes the insurance companies $115,000 in restitution for money it paid in fraudulent claims. In mitigation, Oheb submitted character-witness testimony to which the Review Department gave minimal weight.
      The order took effect October 7.
     
      Roger D. Price, State Bar # 106203, Visalia (August 29). Price, 55, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In May 2004 Price was suspended for 90 days and until he paid sanctions of $1,037 to one client. He was disciplined for failing to respond to a client's status inquiries, failing to keep a client informed about developments in the case, failing to return client papers and property, improperly withdrawing from representation, failing to perform legal services competently, failing to obey a court order, and failing to cooperate with a State Bar investigation. Conditions to the suspension required Price to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Price had a record of prior discipline, the underlying discipline. In October 2005 he was suspended for 120 days and until the State Bar Court granted a motion terminating the suspension. He was disciplined for failing to obey the laws of California in violation of his duties as a probate trustee by failing to account to the beneficiaries for trust funds, failing to obey a court order, and failing to report imposition of judicial sanctions to the State Bar.
      The order took effect September 28.
     
      James L. Rather, State Bar # 102875, Irvine (September 26). Rather, 53, was disbarred for failing to perform legal services competently; failing to inform a client about significant developments in the client's case; engaging in acts of moral turpitude, dishonesty, or corruption; failing to maintain an official address with the State Bar; failing to return unearned fees; misappropriating client funds; failing to return a client file; improperly withdrawing from representation; abandoning a client; and failing to cooperate with a State Bar investigation. Rather was found culpable on twelve counts of misconduct in four client matters.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. Rather demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. Also, he failed to cooperate with the bar proceedings before entry of his default.
      The order took effect October 26.
     
      Charles C. Simon, State Bar # 86470, Glendale (September 26). Simon, 65, was disbarred for failing to comply with conditions to a previous disciplinary order; engaging in the unauthorized practice of law; failing to obey a court order; engaging in acts of moral turpitude, dishonesty, or corruption; and failing to participate in two State Bar disciplinary investigations.
      In October 2004 Simon was suspended for 30 days and placed on two years of probation for failing to maintain client funds in trust and failing to promptly deliver funds to a client. He failed to submit quarterly probation reports for all four quarters of 2005, failed to file proof of reconciliation of his client trust account, and failed to submit proof of completing ethics school and client trust accounting school.
      In aggravation, Simon had a record of prior discipline, the underlying 2004 matter. He also failed to participate in the State Bar disciplinary proceedings before entry of his default.
      The order took effect October 26.
     
      Michael A. Warren, State Bar # 69513, Placentia (August 22). Warren, 64, was summarily disbarred after his conviction for violating Penal Code section 288(a), committing a lewd or lascivious act on a child under 14 years of age.
      In November 2002 Warren pleaded guilty to violating Penal Code section 288(a). In January 2006 he was placed on interim suspension. He failed to promptly file a notice of appeal, and his conviction has become final. The conviction met the criteria for summary disbarment.
      The order took effect September 21.
     
      Brandi L. Young, State Bar # 217668, West Hollywood (August 22). Young, 58, was summarily disbarred after her conviction for violating Penal Code section 487(d)(1), grand theft; and section 530.5, impersonating another to gain possession of personal property.
      Young pleaded nolo contendere to six counts of unauthorized use of personal identifying information and one count of grand theft. In September 2005 she was placed on interim suspension after her conviction. She failed to promptly file a notice of appeal, and her conviction has become final. The conviction met the criteria for summary disbarment.
      The order took effect September 21.
     
      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 Austin, State Bar # 143023, Palo Alto (September 7). Austin, 52, resigned from the bar on August 15.
      The order took effect October 7.
     
      Bruce A. Bailey, State Bar # 26873, Millbrae (September 8). Bailey, 75, resigned from the bar on August 31.
      The order took effect October 8.
     
      Melanie R. Blum, State Bar # 100319, Los Alamitos (September 13). Blum, 57, resigned from the bar on June 16.
      The order took effect October 13.
     
      Theodore A. Clapp, State Bar # 157698, Playa del Rey (September 7). Clapp, 42, resigned from the bar on August 7.
      The order took effect October 7.
     
      John P. Eleazarian, State Bar # 89499, Fresno (August 28). Eleazarian, 55, resigned from the bar on August 3.
      The order took effect September 27.
     
      Lawrence R. Frank, State Bar # 147857, Hermosa Beach (August 28). Frank, 55, resigned from the bar on August 10.
      The order took effect September 27.
     
      Vu H. Le, State Bar # 189966, San Diego (September 13). Le, 36, resigned from the bar on June 23.
      The order took effect October 13.
     
      Daniel A. Micklis, State Bar # 158515, Palm Springs (August 22). Micklis, 54, resigned from the bar on July 31.
      The order took effect September 21.
     
      Robert E. Mitchell, State Bar # 27043, Marina Del Rey (Sept 26). Mitchell, 78, resigned from the bar on August 16.
      The order took effect October 26.
     
      James M. Rogers, State Bar # 95990, Oakland (September 26). Rogers, 51, resigned from the bar on September 5.
      The order took effect October 26.
     
      Robert G. Switzer, State Bar # 143182, Irvine (September 26). Switzer, 42, resigned from the bar on August 18.
      The order took effect October 26.
     
      Dale D. Zepp, State Bar # 134507, Ferguson, Missouri (September 7). Zepp, 56, resigned from the bar on August 21.
      The order took effect October 7.
     
      SUSPENSION
      Sheldon G. Bardach, State Bar # 32057, Los Angeles (September 7). Bardach, 69, was suspended for one year and placed on five years of probation for failing to perform legal services competently, failing to maintain client funds in trust, and misappropriating funds.
      In aggravation, Bardach had a record of prior discipline. In July 2003 he received a private reproval that required him to attend and complete State Bar ethics school and make restitution to one client by July 2004. In May 2005 he received a public reproval for entering into a business transaction with a client without advising the client of his right to seek independent counsel, and for failing to comply with conditions to the 2003 private reproval. In mitigation, Bardach cooperated with the bar during its investigation and proceedings. Also, during the period of misconduct he suffered severe financial stress and experienced emotional and health problems. His medical condition has improved, and he has limited his practice by accepting fewer cases.
      The order took effect October 7.
     
      David E. Brockway, State Bar # 75442, Marina Del Rey (September 7). Brockway, 59, was suspended in a Review Department opinion for two years and placed on five years of probation.
      He was found culpable in 14 counts of attorney misconduct in four client matters by failing to perform legal services competently, improperly withdrawing from representation, failing to provide an accounting, seeking an agreement to settle a fee dispute in exchange for the client withdrawing a disciplinary complaint, failing to return unearned fees, and failing to return a client file.
      In aggravation, Brockway had a record of prior discipline. In 1991 he was suspended for three months for misappropriating $500 from a client and for acquiring an interest in property that was adverse to the client's interest. In the current matter the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. The Review Department also observed that Brockway made no attempt to atone for his misconduct and that he demonstrated indifference toward the plight of his clients.
      The order took effect October 7.
     
      Charles H. Carreon, State Bar # 127139, Ashland, Oregon (August 22). Carreon, 50, was found culpable of misconduct in Oregon. In California, he was suspended for 60 days and placed on two years of probation for engaging in the practice of law in another jurisdiction where he was not authorized to do so and for failing to maintain client funds in trust.
      In October 2001 Carreon was hired to work as house counsel for a corporation to handle its legal matters in the United States and business matters in Vancouver, British Columbia. Under the laws of British Columbia, Carreon was required to file for a permit to practice law representing the company, but he failed to obtain the permit. He acted as house counsel for the company for about six months.
      Carreon also held funds in trust for the company that it received in settlement of a litigation matter. In October 2002 Carreon used $1,400 of the settlement money to pay a judgment regarding a residential lease he signed while working in Canada. He used the money without the company's knowledge and consent. In October 2005 Oregon issued a disciplinary order finding Carreon culpable of failing to maintain client funds in trust. There was no finding of misappropriation because Carreon held a good faith belief that he had authority to pay the judgment that he incurred as a result of his employment.
      In mitigation, Carreon had no record of prior discipline since being admitted to the California Bar in 1987 and to the Oregon Bar in 1993. No clients were harmed by the misconduct.
      The order took effect September 21.
     
      Steven B. Eggleston, State Bar # 105111, Los Angeles (September 8). Eggleston, 54, had his previously ordered stay of suspension lifted and was suspended for three years. Eggleston also must make restitution of $1,405 to one client and provide proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was disciplined for failing to comply with conditions to a previous order of suspension and probation. He was given credit toward the period of suspension for his involuntary inactive enrollment, which began on July 19.
      In aggravation, Eggleston had a record of prior discipline, the underlying matter. In the current discipline, he engaged in multiple acts of wrongdoing.
      The order took effect October 8.
     
      Paul F. Fegen, State Bar # 31680, Los Angeles (August 22). Fegen, 72, was suspended for 30 days and placed on three years of probation for failing to perform legal services competently, failing to communicate, improperly withdrawing from representation, and engaging in the unauthorized practice of law.
      In January 1997 Fegen was hired to represent a client in a personal injury case. From 1997 through 2003 the client left telephone messages for Fegen, but he failed to return her calls. In mid-2003 the client received a collection notice from a doctor who treated her injuries. The client was instructed by Fegen's office to mail the notice to the office, which the client did. In December 2003 the client received a notice from a collection agency for the same unpaid medical bill. The client sent that notice to Fegen's office. Fegen failed to file a claim on behalf of the client and failed to perform legal services for the client.
      In aggravation, Fegen had a record of prior discipline, the underlying matter. In the current matter the misconduct harmed a client when he failed to file a complaint within the statutory time. In mitigation, Fegen cooperated with the State Bar during its investigation and proceedings.
      The order took effect September 21.
     
      Judith A. Finch, State Bar # 114851, Walnut Creek (September 26). Finch, 70, was suspended for one year for engaging in the unauthorized practice of law and engaging in acts of moral turpitude, dishonesty, or corruption.
      In June 2004 Finch was suspended for 60 days and placed on two years of probation for failing to disclose the terms of a loan she made to clients, failing to advise the clients of their right to seek the advice of independent counsel, failing to have the clients consent to subsequent loans, and failing to perform legal services competently. The suspension was in effect between April and June 2004. The Review Department granted Finch's motion to temporarily stay the execution of suspension until June 2004. She remained suspended until mid-September 2004. Between January and June 2004, while on inactive status, Finch continued to practice law. She filed documents with the court, including 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 aggravation, Finch had a record of prior discipline, the underlying matter. In the current misconduct she engaged in multiple acts of wrongdoing.
      The order took effect October 26.
     
      Michael F. Galligan, State Bar # 53572, San Mateo (September 26). Galligan, 56, was suspended for 120 days and placed on three years of probation for failing to promptly comply with rule 955 of the Rules of Court.
      In February 2004 Galligan was suspended for 90 days. He was disciplined for failing to comply with conditions to a public reproval that required him to notify clients and opposing counsel of his suspension within 30 days and file an affidavit of compliance within 40 days. He failed to promptly file his affidavit, filing it 39 days late.
      In aggravation, Galligan had a record of prior discipline. In June 2002 he received a public reproval for failing to perform legal services competently and failing to cooperate with a State Bar investigation. In February 2004 the underlying discipline occurred. In mitigation, Galligan demonstrated remorse for the misconduct by personally filing his rule 955 declaration. He also suffered severe financial stress and suffered from medical problems. In January 2006 tests revealed that his mental health had significantly improved.
      The order took effect October 26.
     
      Daniel S. Glaser, State Bar # 172056, Los Angeles (September 7). Glaser, 38, was suspended for 30 days and placed on two years of probation for engaging in acts of moral turpitude, dishonesty, or corruption; failing to obey court orders; and failing to report judicial sanctions of $1,000 or more to the State Bar. He was also ordered to make restitution of $3,890 to two clients.
      In aggravation, the misconduct was surrounded by bad faith, dishonesty, concealment, or overreaching. In mitigation, Glaser was overwhelmed by the volume of work he was assigned while working for a law firm. In July 2003 his wife filed for divorce, which placed great strain on him. In October 2003 his brother-in-law died, which further contributed to Glaser's anxiety and stress. In December 2003 Glaser was placed on blood pressure medication.
      The order took effect October 7.
     
      Maureen R. Kallins, State Bar # 95038, Vancouver, Washington (September 13). Kallins, 58, was suspended for 30 days and placed on two years of probation for failing to return unearned fees. She was also ordered to make restitution.
      In September 1995 Kallins was paid $12,000 by the grandmother of a convicted murderer to file an appeal on the grandson's behalf. In October 1997 Kallins asked the grandmother to pay an additional $3,000 for Kallins to file a writ of habeas corpus. The grandmother paid Kallins $2,500, but Kallins failed to file the petition. In November 2000 the grandmother won an arbitration award against Kallins for the $2,500, plus inter-est. In May 2000 the superior court entered judgment confirming the arbitration award of $3,365.
      In aggravation, Kallins had a record of prior discipline. In August 2005 she was suspended for two years and until she provided proof of her rehabilitation, fitness to practice, and learning and ability in the law. She was ordered to make restitution of $21,849 to five clients and was placed on three years of probation.
      The order took effect October 13.
     
      Michael E. Manning, State Bar # 149757, Covina (September 26). Manning, 45, was suspended for four months and placed on three years of probation for engaging in the unauthorized practice of law and failing to inform a client about his inactive status.
      In October 2003 Manning was placed on two years of probation for failing to perform legal services competently, failing to communicate with a client, and failing to provide an accounting to the beneficiaries of an estate he was representing. Conditions to the probation required Manning to file quarterly probation reports. He failed to submit probation reports for all four quarters of 2004 and the first quarter of 2005.
      Between May and June 2005 Manning was placed on involuntary inactive status and was not entitled to practice law. Between October 2004 and December 2005 he was the attorney of record in a family law case and continued to actively represent the client by filing a request for trial. He also mailed correspondence on his letterhead and responded to interrogatories. He failed to notify the client that he was not entitled to practice law while on inactive status.
      In November 2005 Manning's previous order of probation was revoked. The previously ordered stay of execution of suspension was lifted and a new order issued wherein he was suspended for 90 days for failing to comply with conditions to the 2003 probation.
      In aggravation, Manning had a record of prior discipline, the 2003 and 2005 underlying disciplinary matters. The same circumstances surrounded the 2003 and 2005 misconduct.
      The order took effect October 26.
     
      Patrice A. Reitz, State Bar # 82606, Fresno (September 7). Reitz, 54, was suspended for six months for failing to perform legal services competently, failing to keep a client informed about developments in a case, failing to respond to status inquiries, and failing to cooperate with a State Bar investigation.
      In aggravation, Reitz had a record of prior discipline. In April 2005 she was suspended for 60 days and placed on two years of probation for failing to supervise a suspended attorney, failing to obey a court order, failing to perform legal services competently, and failing to inform clients about significant developments in their cases. In the current matter the misconduct involved multiple acts of wrongdoing. Also, Reitz failed to participate in the State Bar proceedings before entry of her default.
      The order took effect October 7.
     
      PROBATION
      Ronald G. Gabler, State Bar # 57061, Encino (August 22). Gabler, 60, was placed on three years of probation and ordered to make restitution. He was disciplined for failing to perform legal services competently and ordered to make restitution of $28,000.
      In aggravation, the misconduct caused harm to a client by having the client sign a retainer agreement. Also, Gabler knew that the client suffered from certain mental problems and that she could not read, write, or process information correctly. In mitigation, Gabler had no record of prior discipline since being admitted to the bar in 1973.
      The order took effect September 21.
     
      Jeff A. Mann, State Bar # 115932, Los Angeles (August 29). Mann, 51, was placed on two years of probation for failing to perform legal services competently and fail-ing to promptly pay out funds on behalf
      of clients.
      In mitigation, Mann had no record of prior discipline since being admitted to the bar in 1984. He cooperated with the State Bar during its investigation and proceedings. He also demonstrated remorse for his misconduct and acted in good faith.
      The order took effect September 28.
     
      David T. Marh, State Bar # 206917, Los Angeles (September 7). Marh, 47, was placed on two years of probation for failing to comply with conditions to a public reproval.
      In aggravation, Marh had a record of prior discipline, the underlying matter. In mitigation, he cooperated with the State Bar by agreeing to a stipulation in this matter.
      The order took effect October 7.
     
      James B. Markum, State Bar # 170326, Palm Springs (August 29). Markum, 40, was placed on three years of probation after being found culpable in six client matters of failing to perform legal services competently and failing to return unearned fees. He also was ordered to make restitution of $25,000 to five clients.
      In aggravation, the misconduct caused significant harm to clients. In mitigation, Markum had no record of prior discipline since being admitted to the bar in 1994.
      The order took effect September 28.
     
      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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