KEVIN CHRISTOPHER McDONOUGH [#99944], 45, of
Clinton, Conn., was suspended for two years, stayed, placed on two years of
probation with an actual 60-day suspension, and was ordered to prove his rehabilitation
and take the MPRE within one year. The order took effect Dec. 19, 1999, and he returned to
active status Feb. 17, 2000.
McDonough stipulated to three counts of misconduct.
He did not maintain adequate trust account records, used his trust
account for personal and business purposes unrelated to any client matter, and wrote
several checks against insufficient funds.
In mitigation, McDonough has no record of prior discipline, no
clients were harmed and he was suffering from alcoholism.
THOMAS H. MAHONEY [#44287], 67, of Sacramento was
suspended for one year, stayed, and placed on two years of probation. The order took
effect Dec. 19, 1999.
Mahoney failed to comply with conditions attached to a 1998 public
reproval: he did not provide proof of participation in a fee arbitration, provided no
proof that he had made any payment to a former client, and did not attend ethics school or
file quarterly probation reports.
The public reproval was the result of Mahoney’s failure to
comply with conditions of an agreement in lieu of discipline he reached with the State Bar
in 1997.
The underlying conduct involved a failure to return advanced fees
after Mahoney and a client ended their relationship.
In mitigation, Mahoney suffered marital and family difficulties, has
had a series of hospitalizations, including three surgeries, and has significantly reduced
his caseload.
CAROL LYNN MARTIN [#157177], 32, of San Jose was
suspended for two years, stayed, placed on three years of probation with a one-year actual
suspension and was ordered to take the MPRE within one year. Credit towards the actual
suspension will be given for an interim suspension which began Dec. 5, 1998. If the period
of actual suspension exceeds two years, she must prove her rehabilitation. The order took
effect Dec. 19, 1999.
Martin pleaded no contest in 1998 to one count of first degree
burglary. She had acquired the key to a friend’s home and took clothing, jewelry and
other personal items.
The victim had been both friendly and abusive over the years; her
behavior reinforced abusive behavior Martin has suffered for much of her life.
In mitigation, Martin has undergone therapy to deal with past abuse
which led to a psychological disorder. Her therapist reported that the disorder was
related to Martin’s actions in the burglary matter.
Martin cooperated with the investigation and presented significant
testimony as to her good character.
JOSE ANGEL RODRIGUEZ [#62551], 51, of El Monte was
suspended for two years, stayed, and placed on probation for three years. The order took
effect Dec. 19, 1999.
Rodriguez violated the terms of a 1995 probation by failing to file
quarterly reports or certificates from a certified public accountant that he is properly
maintaining his client trust account.
He had stipulated to trust account violations, failure to perform
legal services competently, failure to communicate with clients and the unauthorized
practice of law.
At the time of Rodriguez’ misconduct, he was a municipal court
commissioner.
In mitigation, Rodriguez was depressed due to the humiliation caused
by the discipline order, had family problems, suffered from alcoholism and was suspended
from his job because of the discipline. He submitted letters attesting to his good
character, attends AA meetings, has a long record of pro bono activities and presides over
a successful drug court.
MALIK ALI MUHAMMAD [#74824], 54, of Oakland was
suspended for 30 days. The order took effect Dec. 19, 1999.
Muhammad failed to comply with conditions attached to a public
reproval and an agreement in lieu of discipline: he did not attend ethics school or take
the professional responsibility exam.
The discipline resulted from a contempt conviction.
Muhammad, a devout Muslim and strong supporter of the black
community, had intentionally failed to appear in court twice as a protest of the verdict
in the Rodney King beating case. He served jail time for the conviction, which eventually
led to discipline by the State Bar. The bar court found that he violated a court order and
showed disrespect to a court.
Muhammad intentionally failed to comply with the disciplinary orders
as a protest against what he perceives as a racist system.
LUIS RENE VALDEZ [#153865], 38, of Santa Ana was
suspended for 60 days, stayed, placed on one year of probation and was ordered to take the
MPRE within one year. The order took effect Dec. 19, 1999.
Valdez failed to comply with conditions attached to a 1997 public
reproval: he has not filed six quarterly probation reports, taken the MPRE, attended
ethics school or completed six hours of instruction in law office management.
The underlying misconduct to which he stipulated involved failure to
respond to client inquiries and keep them informed about developments in their matters,
improperly withdrawing from representation without protecting a cli-ent’s interests,
and failure to cooperate with the bar’s investigation.
In mitigation, he was suffering from financial stress at the time of
the misconduct, and no clients were harmed by his failure to comply with the probation
conditions.
The probation of JEFFREY JOHN WIEBE [#147834], 37, of Alameda
was extended for one year, beginning Dec. 19, 1999.
Wiebe failed to comply with probation conditions attached to 1998
discipline order: he filed two quarterly reports late and completed ethics school and
trust accounting school after the deadlines.
In mitigation, Wiebe is enrolled in a residential substance abuse
program, learning strategies to cope with the stress of working as a sole practitioner.
The underlying misconduct involved failure to avoid adverse interests
with a client, maintain client funds in a trust account, or pay out client funds promptly.
MARK J. FLANNICK [#169998], 36, of Los Angeles was
suspended for two years, stayed, placed on two years of probation with an actual 30-day
suspension, and was ordered to take the MPRE within one year. The order took effect Dec.
31, 1999.
Flannick worked as an “attorney-advisor” for the federal
government, in a job which requires him to be a member of the bar in good standing even
though he does not practice law.
He was suspended in 1997 for nonpayment of bar dues, but failed to
notify his employer of the suspension and held himself out as entitled to practice.
In mitigation, no one was harmed by Flannick’s conduct and he
cooperated with the bar’s investigation.
MATTHEW CHARLES LONG [#55857], 67, of Los Angeles was
suspended for one year, stayed, placed on two years of probation and was ordered to take
the MPRE within one year. The order took effect Dec. 31, 1999.
Long violated the terms of a 1997 disciplinary probation by failing
to submit four quarterly reports, attend six hours of MCLE courses on law office
management or take the professional responsibility exam.
The 1997 order resulted from Long’s failure to comply with the
terms of a 1995 public reproval requiring him to take the MPRE.
DONETIA R. MESHACK [#118044], 42, of Los Angeles was
suspended for 90 days and until she makes restitution and she was ordered to take the MPRE
and comply with rule 955. If the suspension exceeds two years, she must prove her
rehabilitation. The order took effect Dec. 31, 1999.
In a default proceeding, the State Bar Court found that Meshack
violated the terms of a 1998 public reproval by failing to submit five quarterly reports,
proof of membership in the law practice management section or proof of completion of the
professional responsibility exam, and she had not made restitution to a client.
It is her fourth disciplinary proceeding and the third involving
probation violations.
Meshack was privately reproved in 1995 for failing to perform legal
services competently, return client papers and property or refund unearned fees.
In 1997, she was publicly reproved for failure to refund unearned
fees, cooperate with a bar investigation, maintain a current address with the bar and for
failing to comply with conditions attached to the private reproval. She had not provided
proof of restitution, completed ethics school or taken the professional responsibility
exam.
The following year, she was again publicly reproved for failing to
file quarterly probation reports, prove her membership in the law practice management
section or submit proof of restitution, all required in the 1997 order.
LINCOLN N. MINTZ [#37610], 58, of Oakland was
suspended for two years, stayed, placed on three years of probation with a nine-month
actual suspension and until he proves his rehabilitation, and was ordered to take the MPRE
and comply with rule 955. The order took effect Dec. 31, 1999.
Mintz stipulated to eight instances of failing to respond to State
Bar inquiries about complaints filed against him by clients.
In one case, he was hired to represent a client in a pending fee
arbitration proceeding, but after a couple of months of work, Mintz stopped communicating
with his client. He stipulated to failure to respond to his client’s reasonable
status inquiries and to improperly withdrawing from employment.
Mintz also stopped communicating with a client who was charged with
two murders.
Mintz was disciplined in 1997 for failing to comply with the
conditions of an earlier private reproval.
In the current case, he stipulated that he also failed to comply with
the conditions of his 1997 probation by not filing quarterly reports or developing a law
office management plan.
BRUCE STEVEN WEINER [#78533], 48, of Newport Beach
was suspended for one year, stayed, placed on 18 months of probation with 120 days of
actual suspension, and was ordered to take the MPRE within one year and comply with rule
955. The order took effect Dec. 31, 1999.
Weiner stipulated to misconduct in four matters.
In the first, he practiced law while suspended for failure to pay bar
dues; he appeared in court or filed pleadings on four separate occasions as the attorney
of record for the plaintiff in a civil matter. He then failed to cooperate with the bar’s
investigation.
He represented another client in a personal injury matter and
although the client terminated his services, he communicated with her in a way that
constituted giving legal advice during the time he was suspended.
Weiner also was suspended in a 1997 disciplinary order, but did not
comply with probation conditions: he failed to submit probation reports on time and
completed ethics school after the required deadline.
That matter was the result of unauthorized practice, collecting an
illegal or unconscionable fee and failure to promptly refund unearned fees.
In mitigation, Weiner mistakenly thought his discipline cases had
been abated and his efforts to clarify the status of his cases were unsuccessful due to
the partial shutdown of the bar’s discipline system in 1998.
He has done charitable work for a child abuse prevention
organization.
BYRON WILLIE COOPER [#166578], 37, of Palo Alto was
suspended for two years, stayed, placed on two years of probation with an actual 30-day
suspension and was ordered to take the MPRE. The order took effect Jan. 5, 2000.
Cooper pleaded no contest in 1998 to three misdemeanors —
knowingly dissuading a witness from giving testimony, prowling on the private property of
another and disturbing the peace by fighting in a public place.
Although Cooper was placed on interim suspension by the bar in 1999,
the suspension was later vacated and referred to the State Bar Court’s hearing
department for a decision recommending the discipline to be imposed.
Cooper’s troubles began when he drove into a motel parking lot
one night to eat some food he had purchased at a fast food outlet on his way home from
work.
According to a stipulation he reached with the bar, he felt that as a
black man, he was less likely to be questioned if he were on private property rather than
on the street at 11 p.m.
Cooper stepped out of his car to see what was on the floor of an
empty carport when a man in a truck drove up and accused him of looking in his window.
When Cooper tried to leave, the truck driver blocked his car.
Cooper and the truck driver grappled over a cell phone, which Cooper
grabbed and threw over a fence. Meanwhile, the truck moved and struck a parked car. The
driver’s daughter and a neighbor emerged from the motel and began to fight with
Cooper, who was knocked to the ground.
He was able to get up and drove away.
In mitigation, no victims or witnesses were injured and no client was
involved. Cooper graduated from the West Point Military Academy and received the Army
Commendation Medal after serving in the armed forces. He has a record of community
service.
WILLIAM ROMAN GARDNER [#95186], 45, of San Francisco
was suspended for three months, stayed, and placed on probation for one year and was
ordered to take the MPRE within one year. The order took effect Jan. 5, 2000.
Gardner stipulated to misconduct in two matters.
In the first, he was hired to obtain an annulment of marriage after
the client’s dissolution matter had been acted upon in court. When Gardner filed a
petition for nullity,. he did not file a motion to set aside the judgment of dissolution.
After the opposing party filed a motion to quash, Gardner dismissed
the motion for annulment with prejudice and did no further work on the case.
He stipulated that he failed to act competently.
In the other matter, Gardner was suspended from practice for a month
in 1994 for nonpayment of bar dues. He practiced law during the course of the suspension.
In mitigation, he has no record of prior discipline, he cooperated
with the bar’s investigation, and no harm was done to any clients.
DARRYL JEROME BILLUPS [#65216], 52, of Hayward was
suspended for three years, stayed, placed on three years of probation with an actual
20-month suspension, and was ordered to take the MPRE. Credit toward the suspension will
be given for an interim suspension which began Aug. 17, 1999. The order took effect Jan.
12, 1999.
Billups was convicted in 1997 of driving under the influence with
four priors. He was found by a police officer in Berkeley slumped over his steering wheel
with the engine of his car still running. His blood alcohol level was .22. At the time, he
was driving on a suspended license.
Billups was placed on interim suspension by the State Bar Court in
1997, was ordered to comply with rule 955 of the California Rules of Court and filed the
required affidavit stating that he had notified all pertinent parties of his suspension
from practice.
He stipulated that during the interim suspension, he failed to notify
a court, in which he made an appearance, of his suspension.
In mitigation, he has no record of prior discipline.
BRUCE ALLEN BROWN [#140111], 51, of Manhattan Beach was
suspended for three years, stayed, placed on three years of probation with a nine-month
actual suspension and until he makes restitution, and was ordered to take the MPRE and
comply with rule 955. If the actual suspension exceeds two years, Brown must prove his
rehabilitation. The order took effect Jan. 12, 2000.
In 1993, Brown filed a complaint for slander and intentional
infliction of emotional distress against another attorney in Los Angeles Superior Court.
According to the State Bar Court, the plaintiffs were fictitious and the allegations in
the complaint were untrue.
A court commissioner found that the matter was frivolous and that
Brown acted in bad faith for the purpose of annoying the other attorney. Brown was ordered
to pay the defendant in the suit sanctions totalling $11,315.75.
He then filed a second slander action against the same attorney and
also named his former wife as a defendant. Again, the bar court said, the plaintiffs were
fictitious and the allegations untrue. The case was dismissed.
The bar court found that by filing and prosecuting two frivolous
suits, Brown sought to mislead the court, failed to pursue only actions that appear to be
legal, and committed acts of moral turpitude.
BRUCE CLINTON HILL [#43427], 57, of Woodland Hills was
suspended for two years, stayed, placed on two years of probation with an actual 60-day
suspension, and was ordered to take the MPRE. The order took effect Jan. 12, 2000.
Hill was retained and paid $1,000 in 1989 to represent a client in a
breach of contract matter and to procure an attorney in Kansas to handle an unrelated
foreclosure proceeding in that state.
He did no work in the breach of contract matter, which was lost when
the statute of limitations expired, and never hired counsel in Kansas. For seven years, he
advised his client that he had filed the breach of contract complaint and provided a false
case number to the client’s bankruptcy attorney.
Hill stipulated that he failed to perform legal services for his
client and that he committed acts of moral turpitude by making false representations.
He has no record of discipline since his 1969 admission to the bar.
CHARLES HAROLD KAVALARIS [#46853], 56, of San Jose
was suspended for three years, stayed, placed on four years of probation with a one-year
actual suspension and was ordered to comply with rule 955. The order took effect Feb. 21,
2000.
Kavalaris engaged in fee-splitting with nonlawyers in a kickback
scheme. From 1985 until 1991, Kavalaris and his law partner paid more than $130,000 to the
secretary-treasurer of the San Jose Teamsters Union for referrals of personal injury
clients. From 1987 to 1991, they paid another $150,000-plus to other nonlawyers in
exchange for referrals.
Although Kavalaris said the statute of limitations had run on the
misconduct, the State Bar Court disagreed. Under rule 51 of the Rules of Procedure of the
State Bar, the statute of limitations applies only to investigations initiated because of
a complaint by an individual. The investigation of Kavalaris was initiated by a bar
attorney, who read about the kickback scheme in the newspaper in 1995.
The court found that Kavalaris’ actions also involved moral
turpitude.
He also wrote two checks against insufficient funds in his client
trust account and commingled personal and client funds in the account.
Kavalaris was disciplined in 1997 for failing to communicate with a
client or pay and report sanctions, for improperly withdrawing from a case and for a
second DUI conviction. When he violated his probation by failing to file a probation
report on time, he was suspended for 60 days. He practiced law while suspended, appearing
at two arbitration hearings, making a court appearance and finalizing settlement of a
case.
The bar court said it found the trust account violations and
Kavalaris’ unauthorized law practice more troubling than the earlier kickback scheme.
His actions “show a disregard for the orders of the Supreme
Court and the review department of the State Bar Court,” wrote Judge Nancy Roberts
Lonsdale. How-ever, she rejected the bar’s recommendation that Kavalaris be
disbarred.
In mitigation, Kavalaris is an alcoholic (now sober), suffers from
acute depression, has acted as a judge pro tem, and provides free legal advice to other
members of Alcoholics Anonymous. The fee-splitting misconduct occurred from 1985 to 1991
and ceased eight years ago.
The probation of WILLIAM L. BRYAN JR. [#117084], 47, of
Foothill Ranch was revoked, the previous stay of suspension was lifted, and he
was given a new two-year suspension, stayed, and placed on two years of probation with a
60-day actual suspension. The order took effect Jan. 15, 2000.
Bryan was disciplined in 1998 for misconduct in three consolidated
cases. His actions included failure to perform legal services competently, promptly return
client papers or respond to client inquiries, improperly withdrawing from representation
and false advertising.
He failed to comply with eight separate conditions of the 1998
probation, including submitting quarterly probation reports, attending ethics school,
attending Narcotics Anonymous meetings and taking the professional responsibility
examination.
In mitigation, the misconduct occurred at a time Bryan was suffering
from severe emotional difficulties and had family problems. He and his wife were about to
adopt a baby when the birth mother took the child back, an event which worsened Bryan’s
manic depressive illness. In addition, he and his wife cared for his wife’s
terminally ill parents at their home.
PETER JOHN DANIELS [#52310], 58, of Cupertino was
suspended for two years, stayed, placed on three years of probation and was ordered to
take the MPRE within one year. The order took effect Jan. 16, 2000.
Daniels pleaded no contest in 1998 to four misdemeanors: two counts
of threatening to commit a crime resulting in death or great bodily harm, one count of
infliction of corporal injury on a spouse, and one count of alcohol-related reckless
driving.
His wife had accused him of twice threatening to kill her and of
shaking her so hard that her neck was injured.
As part of his probation, he is required to attend Alcoholics
Anonymous meetings and to seek counseling.
He cooperated with the bar’s investigation.
MARVIN EMERY PARKER [#109164], 47, of Inglewood was
suspended for 90 days and until the State Bar Court grants a motion to terminate the
suspension. He was ordered to take the MPRE and comply with rule 955. If the suspension
exceeds two years, he must prove his rehabilitation. He also must comply with any
probation requirements imposed as a condition for terminating his suspension. The order
took effect Jan. 16, 2000.
Parker was publicly reproved in 1997 for allowing the statute of
limitations to expire on his client’s personal injury matter, despite calls from his
client.
He did not fulfill the conditions of his reproval — he failed to
file quarterly probation reports, attend ethics school or take the MPRE.
The probation of THOMAS PATRICK FREYDL [#159567], 58, of
Montebello was revoked, the previous stay of suspension was lifted, and he was
suspended for six months with credit for a 45-day period of actual suspension and for a
period of involuntary inactive enrollment that began Nov. 7, 1999. He was ordered to
comply with rule 955. The order took effect Feb. 3, 2000.
Freydl was disciplined in 1998 but failed to file quarterly probation
reports, a condition of his probation.
He had stipulated to five counts of misconduct in two client matters,
including failing to return unearned fees or respond to client inquiries. He also entered
into a loan agreement with a client without putting the terms of the loan into writing or
advising the client to seek independent counsel.
The probation of MICHAEL BANCROFT LLOYD [#71708], 49, of
Riverside was revoked, the stay of suspension lifted and he was ordered suspended
for six months. He must comply with rule 955. The order took effect Feb. 3, 2000.
Lloyd did not submit three quarterly reports required by a 1998
discipline order. That misconduct involved Lloyd having his clients, without their
informed written consent or authority, purchase a $125,000 annuity with Lloyd as
beneficiary in order to secure his legal fees.
CHRISTINA M. ARNALL [#85869], 50, of Northridge was
suspended for three years, stayed, placed on three years of probation with an actual
two-year suspension, and was ordered to make restitution, prove her rehabilitation, take
the MPRE and comply with rule 955. The order took effect Feb. 12, 2000.
According to a stipulation Arnall reached with the bar, she was
retained to represent six people who had been trapped in an elevator. She settled the case
for $20,000, which was deposited in her client trust account, but she never paid the
clients and stopped communicating with them.
The clients employed new counsel who requested the return of the
clients’ files three times. Arnall ignored the requests.
Although she reached a settlement agreement with the clients, Arnall
paid only $2,000 of the $22,000 she owed.
She also commingled personal and client funds in her trust account,
and wrote more than 30 checks against insufficient funds.
In mitigation, Arnall has no record of discipline since her 1979
admission to the bar, and she had financial difficulties and family problems at the time
of the misconduct.
FRANK CATALLO [#55523], 61, of Palm Desert was
suspended for one year, stayed, and was placed on probation for one year with a 45-day
actual suspension. The order took effect Feb. 12, 2000.
Catallo stipulated to misconduct involving his client trust account.
He deposited settlement funds for a client and her two minor
daughters, but allowed the balance in the trust account to fall below the required amount
four times. He commingled personal and client funds in the account.
Catallo did not petition the court for a compromise of the daughters’
settlements, as required by the probate code, so their portion of the funds was not placed
into an interest-bearing blocked account until they reached the age of 18. Catallo also
took one-third of their settlement as attorney fees.
He stipulated that he failed to properly supervise his client trust
account, commingled personal and client funds, and collected an illegal fee by taking
one-third of the daughters’ settlement without a court order.
In mitigation, Catallo cooperated with the bar’s investigation,
has no record of prior discipline, has a strong record of community service, and took
immediate steps to rectify the problems with his trust account.
ARTHUR HOW FONG [#80048], 53, of Los Angeles was
suspended for one year, stayed, placed on three years of probation with a 120-day actual
suspension, and was ordered to take the MPRE within one year and comply with rule 955. The
order took effect Feb. 12, 2000.
Fong stipulated that he failed to fulfill the requirements of an
earlier discipline by not sumbitting an affidavit to the Supreme Court attesting that he
had notified all clients and other pertinent parties of a 1998 suspension.
That misconduct involved commingling personal and client funds in his
client trust account. Fong wrote 36 personal checks for more than $5,400 against the
account.
In mitigation, no clients were harmed, Fong showed remorse and
cooperated with the bar’s investigation, and at the time of the misconduct, he faced
severe financial stress as well as physical disabilities.
BILL MARK MILESTONE [#160548], 41, of Santa Cruz was
suspended for three years, stayed, placed on three years of probation with an actual
one-year suspension, and was ordered to take the MPRE and comply with rule 955. Credit
towards the suspension will be given for an interim suspension which began Dec. 5, 1998.
If the actual suspension exceeds two years, he must prove his rehabilitation. The order
took effect Feb. 12, 2000.
Milestone pleaded no contest in 1998 to embezzlement, an offense
involving moral turpitude.
He stipulated that he settled a client’s personal injury case
for more than $31,000, paid the client and paid the liens against the settlement. He kept
$10,000 as his fee.
Once he was informed the insurance company and the medical center had
released their liens, he transferred more than $6,000 remaining in the trust account to
his personal account.
In mitigation, Milestone believed once the client received her share
of the settlement, the balance could be distributed to the attorneys. He did not believe
he had done anything wrong.
The client received the entire amount of the settlement and paid no
fees to Milestone or a previous attorney.
Milestone also cooperated with the bar’s investigation and
submitted numerous letters attesting to his good character and reputation. |
