CURRENT CALIFORNIA STATE BAR DISBARMENTS AS OF MAY 2011 DISBARMENTS

1. 2. 3. 4. 5. 6. 7. 8. 9. 11. MARYELLEN LAUMBACH LEWIS R. WIENER JAMES ALAN WALKER CRAIG KENNETH MARTIN DAVID GERARD MENDEZ JILL A. SCHOLTEN FRANK ANGELO D‘ALFONSI THOMAS BREEN KIDWELL ERIC THEODORE SMITH GERARD LIONEL GARCIA-BARRON

10. WON SOK LEE 12. HOWARD MICHAEL COHEN 13. ROBERT MICHAEL NUDELMAN 14. SHERRI FORD COUSER 15. 17. THOMAS WHITTIER BURTON GREGG LEE KAYS 16. SCOTT EUGENE GILPIN 18. BRIAN J. COLOMBANA 19. EDGAR LOUIS BORNE III MARYELLEN LAUMBACH [#141093], 53, of Sacramento was disbarred Aug. 21, 2010, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Laumbach committed nine acts of misconduct in three matters, including misappropriating nearly $60,000 from two clients, and failures to maintain client funds in trust, pay out client funds promptly, release client files, perform legal services competently or cooperate with the bar‘s investigation, and she improperly withdrew from representation. In a divorce matter in which she represented the husband, Laumbach received a check for $100,020 from the sale of her client‘s home and made authorized distributions of $34,403. However, she then transferred the $68,373.22 balance into her client trust account and spent about $12,000 for her personal use. She later gave her client everything he was owed. However, she misappropriated $29,007. She eventually paid the wife $32,329.29, representing what she was owed from the sale of the house, using another client‘s funds. In a second matter, a client hired Laumbach to handle distribution of his mother‘s estate. She sued a construction company that had not repaid a loan from the mother; the lawsuit settled when the construction company agreed to repay the money and gave Laumbach a check for $30,000. The son was entitled to the full amount. Instead, Laumbach used the money to pay the wife in the divorce case described above. A new attorney unsuccessfully demanded that Laumbach pay her client the $30,000. In the third matter, a husband and wife hired Laumbach to represent them regarding a fraudulent real estate transaction. She filed a lawsuit and represented the couple for two years, but when the court denied a motion to compel discovery due to shortcomings in Laumbach‘s motion, she didn‘t refile or notify her clients and stopped working on the case. Laumbach was disciplined in 2003 for misconduct in two client matters, including failing to perform legal services competently, communicate and or cooperate with the bar‘s investigation. LEWIS R. WIENER [#41186], 69, of Corte Madera was disbarred Aug. 21, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. Wiener failed to comply with a rule 9.20 requirement that was part of a 2008 probation revocation order. He filed a declaration stating that he notified his clients, opposing counsel and other interested parties of his suspension after the deadline. He also submitted two quarterly probation reports late. Wiener has a record of five prior disciplines, beginning with a 1990 private reproval. According to a bar investigator, he held himself out to be an attorney in 2009 although he was suspended. In mitigation, Wiener‘s wife was in the hospital and his mother was very sick at the time that the Office of Probation filed a motion to revoke probation that was later granted by the State Bar Court. Wiener himself was sick and was not able to file a quarterly probation report. In recommending his disbarment, State Bar Court Judge Lucy Armendariz said Wiener ―completely lacks credibility whenever he testified about not receiving correspondence from the State Bar.‖ Failure to comply with rule 9.20 is grounds for disbarment. JAMES ALAN WALKER [#152261], 51, of El Dorado Hills was disbarred Aug. 21, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. Walker stipulated to three acts of misconduct involving 70 or more clients to whom he offered Medi-Cal and estate planning services. He declared bankruptcy, listing his clients, who had paid an advance fee, as creditors. He stopped doing any legal work for them because he was unable to handle his large volume of practice and couldn‘t hire additional staff. Walker owes some clients unearned fees but says he did some work for some clients. The stipulation indicates the bar expects to receive additional complaints about Walker.

He stipulated that he failed to perform legal services competently or refund unearned fees, and by habitually disregarding his clients‘ interests, he committed acts of moral turpitude. CRAIG KENNETH MARTIN [#74750], 62, of San Francisco was disbarred Aug. 21, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Martin committed six acts of misconduct, including failing to perform legal services with competence, respond to client inquiries, inform his client of significant developments, account for client funds and refund unearned fees, and he improperly withdrew from representation. Although he faced charges in a second matter, the bar court dismissed it. Martin was hired to attempt to resolve issues with an attorney who had been handling his client‘s late husband‘s estate. He took a $5,000 advance fee and filed a complaint that alleged negligence. However, he did not serve the defendants by the required deadline, obtain an answer or file an acceptable default against the defendants, appear at repeated hearings or file a Second Amended Complaint. The case was dismissed with prejudice, but Martin did not inform his client for four months. He also didn‘t send the client a monthly accounting of her fee or refund the unearned portion of the fee when the case was dismissed. He stipulated that he withdrew from representation without protecting his client‘s interests. In the second matter, he sued two people for slander. The bar alleged that by not filing an arbitration brief, not appearing at arbitration and summary judgment hearings or at oral argument before the Court of Appeal, Martin maintained an unjust action. Bar court Judge Pat McElroy disagreed and dismissed the charge. However, she recommended Martin‘s disbarment. He was disciplined four times previously, beginning in 1991, but McElroy said, ―the present matter reflects some of the same misconduct that (Martin) has been disciplined for in the past — namely failing to perform with competence and failing to communicate significant developments to his client.‖ The judge said she had little assurance Martin would not commit similar misconduct in the future. In mitigation, he presented what the judge called an ―extraordinary demonstration of good character‖ and evidence of substantial pro bono work. DAVID GERARD MENDEZ [#99953], 54, of San Leandro was disbarred Sept. 2, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. Mendez committed two acts of misconduct while defending a hotel that was sued for barring a tenant‘s companion animal – a 16year-old cat – from living with him. The tenant accused the hotel of housing discrimination, intentional and negligent infliction of emotional distress and unfair business practices. Mendez did not respond to discovery requests or various motions, was sanctioned twice and a default judgment was entered against the hotel for $151,200 plus attorney‘s fees and costs of $26,987. Although he did not notify his client about the sanctions or the outcome of the case, he asked another lawyer for help in setting aside the default judgment. The client only learned about the court order when the sheriff arrived with a notice of levy against the hotel. The hotel was forced into bankruptcy. Judge Lucy Armendariz found that Mendez failed to perform legal services competently or keep his client informed of significant developments in his case. Although he repaid $11,000, Armendariz noted that Mendez has been disciplined three times previously. ―The present matter reflects a continuing inability to fully appreciate the duties he owes to his clients,‖ the judge wrote. ―Moreover, the lack of compelling mitigating circumstances involved in the present matter and (Mendez‘s) stated indifference . . . give the court little justification to recommend a level of discipline short of disbarment.‖ JILL A. SCHOLTEN [#164629], 49, of Crescent City was summarily disbarred Sept. 2, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. She was convicted of grand theft, a crime that meets the criteria for summary disbarment – it is a felony that involves moral turpitude. Court records indicate Scholten stole about $13,000 from a client in a divorce proceeding, using the money to pay personal expenses and at casinos. She was sentenced to 16 months in prison. FRANK ANGELO D’ALFONSI [#146104], 72, of San Francisco was disbarred Sept. 8, 2010, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default matter, the State Bar Court recommended that D‘Alfonsi be disbarred for failing to comply with rule 9.20, as required by a 2009 disciplinary order, and for misconduct, including misappropriation, while representing a client in the purchase of a business. The client gave D‘Alfonsi a check for $35,000 as his down payment for the purchase of the business as well as a $1,500 advance attorney fee. He put the money in his general bank account rather than a client trust account and misappropriated the $35,000. At one point, D‘Alfonsi wrote a check to his client for $35,000 but it bounced. He said bank error was to blame. D‘Alfonsi also did not prepare the purchase agreement, licensing papers or do any other work connected to purchasing his client‘s business. The client bought the business without D‘Alfonsi‘s help. D‘Alfonsi stipulated that he commingled funds, failed to hold funds in trust, communicate with his client, perform legal services competently, refund unearned fees or cooperate with the bar‘s investigation, and he committed acts of moral turpitude by misappropriating client funds and making misstatements to his client. In the probation violation matter, he did not submit to the bar court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension from practice. Failure to comply with rule 9.20 is grounds for disbarment. D‘Alfonsi also violated probation requirements by not contacting the bar‘s probation office, submitting a quarterly report or complying with laboratory testing conditions. He was disciplined previously and in that matter, the court considered as mitigation his cooperation with the bar‘s investigation, no prior discipline, physical and emotional difficulties and participation in the Lawyers Assistance Program. THOMAS BREEN KIDWELL [#66413], 62, of Campbell was disbarred Jan. 13, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Kidwell committed 17 acts of misconduct in four matters, including misappropriating approximately $235,518.71 from three clients. He also failed to perform legal services competently, deposit client funds in a trust account, promptly pay out client funds or communicate with clients and he committed acts of moral turpitude. During a five-day trial, Judge Lucy Armendariz concluded that his testimony lacked credibility and was often evasive. In one matter, for example, Kidwell represented an insulation business that was one of more than 100 defendants in asbestosrelated litigation. The company president also was getting a divorce and the company was joined to the divorce action. During the course of the divorce, Kidwell received $158,095 from the sale of a country club membership. After making court-ordered payments, he should have kept have a balance of about $76,275 in trust pending written agreement of the parties or further order of the court.

The couple authorized Kidwell to use the remainder of the funds to pay them monthly salaries and appropriate payroll taxes as employees of the insulation business. However, he did not pay the payroll taxes. He also did not make the required quarterly wage reports to the Employment Development Department. The attorney handling the divorce case asked Kidwell for a full accounting of the funds he held in trust, records showing tax payments, cancelled checks for tax payments and quarterly reports. Kidwell did not provide the information. However, he claimed he made regular disbursements to the IRS and provided fabricated checks he supposedly wrote on behalf of the company. When the client fired him and directed him to disburse all remaining company funds, he didn‘t do so for nine months. He also disobeyed court orders. In another matter, Kidwell represented a couple in pending litigation regarding the dissolution of a partnership and the allocation of its assets. He received $118,761 from the clients, representing 40 percent of the sale of a duplex, and misappropriated the full amount. When the case was resolved, he prepared a statement that contained misrepresentations. He also received another $49,292 for the clients but spent most of that on matters unrelated to them. In total, he misappropriated $159,170.87. He misappropriated $3,729.47 in another divorce case as well. In mitigation, Kidwell had no discipline since his 1975 admission to the bar and he has done significant pro bono work. However, in recommending his disbarment, Armendariz said he has demonstrated indifference and shown no remorse. She wrote, ―The serious and unexplained nature of the misconduct, the lack of participation in these proceedings as well as the self-interest underlying (Kidwell‘s) actions suggest that he is capable of future wrongdoing and raise concerns about his ability or willingness to comply with his ethical responsibilities to the public and to the State Bar.‖ ERIC THEODORE SMITH [#133287], 58, of Irvine was disbarred Jan. 29, 2011, and he was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Smith stipulated to six acts of misconduct stemming from his promises to obtain loan modifications for more than 30 clients in 13 states who paid advance fees ranging from $1,247.50 to $4,500. Together, those clients paid a total of nearly $68,000 in advance fees. Smith was not licensed in states other than California and he was suspended for part of the time he handled the loan modification matters. He stipulated that he failed to perform legal services competently, refund unearned fees or inform his clients of significant developments and he improperly withdrew from representation, collected illegal fees and practiced in jurisdictions where he wasn‘t licensed. He was disciplined in 2009 for practicing law while not entitled. WON SOK LEE [#199957], 40, of West Palm Beach, Fla., was summarily disbarred Jan. 29, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court. Lee was convicted in 2009 of one count of conspiracy to commit mail fraud and wire fraud and one count of wire fraud. The crimes meet the criteria for summary disbarment – they are felonies that involve the specific intent to deceive. GERARD LIONEL GARCIA-BARRON [#159092], 45, of La Habra was disbarred Jan. 29, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Garcia-Barron committed 42 counts of misconduct in 14 matters. He repeatedly failed to perform legal services competently, refund unearned fees, communicate, return client files, avoid representing adverse interests or cooperate with the bar‘s investigation, and he practiced law while suspended for failing to pay bar dues and misappropriated client funds, committing acts of moral turpitude. He represented several criminal defendants but did little work, and when they hired new lawyers he neither refunded unearned fees nor provided their files. One client‘s mother paid an advance fee of $25,000 and although Garcia-Barron filed an appeal, he never filed the opening brief and the matter was dismissed by default. Clients who hired him to handle other issues – unpaid overtime wages, personal injuries, child and spousal support, real estate – complained he did little or no work and they were not able to contact him or get a refund of unearned fees. HOWARD MICHAEL COHEN [#170490], 50, of Los Angeles was disbarred Jan. 29, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court. Cohen failed to submit to the State Bar Court an affidavit stating he complied with rule 9.20 by notifying his clients, opposing counsel and other interested parties of his 2009 suspension. Failure to comply with the rule is grounds for disbarment. The underlying discipline was imposed for Cohen‘s failures to perform legal services competently, communicate with clients, return unearned fees, return client files, update his membership records address and cooperate with the bar‘s investigation. Cohen defaulted in both the disbarment proceeding and the underlying discipline. ROBERT MICHAEL NUDELMAN [#67006], 63, of Woodland Hills was disbarred Feb. 10, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Nudelman stipulated to 12 counts of misconduct in eight matters. He engaged in a pattern of accepting legal fees from clients throughout the country and then doing no work. He owes refunds totaling $356,635 and was ordered to make restitution plus 10 percent interest. In one matter, for example, a defendant in a criminal matter in Pennsylvania paid Nudelman $50,000 to represent him. Nudelman hired local counsel who worked on the case at his direction, but otherwise Nudelman did no work. He paid the local lawyer $19,045 for his work, but owes the client more than $30,000. He owes two other clients $50,000 each for work he didn‘t do. Nudelman filed for bankruptcy. In mitigation, he cooperated with the bar‘s investigation and his business collapsed as the costs of his Internet advertising unexpectedly soared. SHERRI FORD COUSER [#93904], 56, of Los Angeles was disbarred Feb. 10, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Couser committed numerous acts of misconduct in seven matters, including failing to perform legal services competently, communicate with clients, refund $22,300 in unearned fees, return a client file, obey a court order, account for client funds, pay client funds promptly, maintain a current address with the State Bar or cooperate with the bar‘s investigation. She also abandoned clients. Couser was publicly reproved in 1993 for collecting an illegal fee and failing to obey a court order. In one case, for example, a client hired Couser and paid her $2,500 to represent him in a divorce. The court entered her client‘s default when she did not file a response to the dissolution petition on his behalf. She agreed to expedite a dissolution for another

client who paid an advance fee of $4,000, and although she filed a petition, she conducted no discovery, did not request a trial and did not appear or represent her client at a trial setting conference. She took several months to file a petition for a client who was seeking joint physical and legal custody of his son. She did not appear at a hearing and the court ordered her to pay $5,500 for fees for opposing counsel and $2,167 per month for child support. ―Based on the severity of the misconduct, the serious aggravating circumstances, in particular, (Couser‘s) pattern of client abandonments, and the lack of any mitigating factors,‖ Judge Pat McElroy recommended her disbarment. THOMAS WHITTIER BURTON [#55508], 64, of Newport Beach was summarily disbarred Feb. 10, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court. He pleaded guilty in 2009 to aiding and abetting money laundering. Because the crime is a felony involving moral turpitude, it meets the criteria for summary disbarment. SCOTT EUGENE GILPIN [#133782], 59, of Oakland was disbarred Feb. 11, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Gilpin committed 16 acts of misconduct in three client matters, including misappropriating more than $23,600. He handled several lawsuits and other legal matters for a company that sued the city of Oakland, which won a $14,126 stipulated judgment against Gilpin‘s clients. The company or its representative gave Gilpin funds totaling more than $20,000 to pay property taxes and to satisfy the judgment. He deposited the money in a general bank account and allowed the balance to fall to a negative amount. Gilpin also did not provide information to the company about bills, receipts and tax records. The court found that he misappropriated $23,629.77, committing acts of moral turpitude, and failed to perform legal services competently, communicate with clients or maintain client funds in trust. He wrote checks for insufficient funds against his client trust account and used the account to pay personal expenses. He also practiced law while suspended for not paying his bar dues, misrepresenting his status to the court. Gilpin was privately reproved in 2002 for writing checks against insufficient funds and when he did not comply with probation requirements, he was publicly reproved the following year. GREGG LEE KAYS [#82052], 58, of San Jose was disbarred Feb. 11, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court. Kays was suspended in 2009 and ordered to comply with rule 9.20 by submitting an affidavit to the State Bar Court attesting that he notified his clients, opposing counsel and other interested parties of his suspension. He did not do so. Failure to comply with the rule is grounds for disbarment. The underlying discipline was imposed because Kays failed to comply with probation conditions attached to a 2008 suspension for failures to perform legal services competently or communicate with a client and he abandoned a client. He also was privately reproved in 1992. BRIAN J. COLOMBANA [#238272], 30, of Ecuador was disbarred Feb. 11, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Colombana, who practiced in Laguna Hills, stipulated that he committed nine acts of misconduct in 12 matters. He accepted fees totaling nearly $36,000 from 12 distressed homeowners but did not obtain a single loan modification. Eight of the clients live in states where Colombana is not licensed to practice, and he admitted to engaging ―in a scheme to defraud these clients, by exploiting them for personal gain and accepting employment where he was not licensed to practice law.‖ Two of Colombana‘s clients lost their homes to foreclosure, one had to sell his home at a loss and another cashed in insurance policies to bring the mortgage current and avoid foreclosure. Colombana affiliated with several loan modification companies, including Loan Negotiators of America, Housing Law Center and Mortgage Relief Law Center. In most cases, he never met his clients. His associates, however, advised them to stop making their mortgage payments. When State Bar Court Judge Richard Honn ordered Colombana to stop practicing in June, he said many homeowners were current but then fell behind. Many ―were worse off after retaining (Colombana‘s) services,‖ Honn said. In agreeing to disbarment, Colombana admitted that his misconduct ―resulted in significant harm to multiple clients (and) . . . constituted a pattern of willfully failing to perform and a habitual disregard for . . . clients‘ interests.‖ The 30-year-old Colombana, who has been a lawyer only since 2005, received some mitigation for cooperating with the bar‘s investigation and recognition of his wrongdoing. EDGAR LOUIS BORNE III [#87315], 57, of Los Angeles was disbarred Feb. 11, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court. A State Bar Court review panel upheld a hearing judge‘s recommendation that Borne be disbarred. It rejected the judge‘s findings in one matter but agreed with findings in another matter that Borne committed an act of moral turpitude because he threatened to accuse his incarcerated client of perjury and to testify against him at a parole hearing unless the client withdrew his complaint to the State Bar. He also did not cooperate with the bar‘s investigation. In addition to his record of four previous disciplines, the review panel found that Borne failed to appreciate the serious consequences of his misconduct. ―Borne suggests that his 23-year disciplinary record does not reflect a common thread or a pattern of serious misconduct warranting disbarment,‖ noted Judge Judith Epstein, who commended Borne for progress in dealing with alcoholism. Borne had argued that the hearing judge wrongfully denied admission of evidence about his rehabilitation, and he presented testimony about his good character. However, Epstein and the other panel members recommended his disbarment, ―given his extensive discipline history and his present lack of cooperation.‖

SUSPENSIONS/PROBATION
1. 2. 3. 4. MICHAEL CURTIS HALL FEREIDOUN ANTHONY KOUSHAN AVA DELILIAH LANDERS JAMES VanALLEN BICKFORD IV

5. 6. 7. 8. 9. 11.

WILLIAM FRANCIS BOSQUE JR. WENDELL DEAN PETERS SUZANNE ELIZABETH RAND-LEWIS JOSEPH ROSSETTI MARK SITRAK SIMONIAN WAYNE KENNETH TEEBKEN

10. JOOHAN JAMES SONG 12. MICHAEL STEVEN TRAYLOR 13. GREGORY JOHN TOKARCZYK 14. BRUCE DUANE CARROLL 15. 17. KENNETH SIDNEY KLEEGER PETER MANUEL MARQUEZ 16. PHYLLIS DIANNE-LASATER LOYA 18. RONALD SHUJI TAMURA 19. BRYAN THOMAS CASTORINA 20. RICHARD JAMES CHIOZZA 21. CHRIS CONNOLLY 22. ELIZABETH LANGAN SHIVELL 23. BENJAMIN THOMAS FIELD 24. JAMIE LEIGH HARLEY 25. GODFREY JOHN TENCER 26. IRA SELTZER 27. BRIAN GREGORY MAGRUDER 28. TODD JAMES HILTS 29. WENDY ALICIA HARTE 30. BURTON CHARLES ALLYN IV 31. RONALD JEFF CORTEZ 32. MOHAMAD TOUFIC NEHMEH 33. JEFFREY ALAN AGNEW 34. CHRISTOPHER LEE DIENER 35. ROBERT STEVEN TABOR

MICHAEL CURTIS HALL [#230319], 41, of Ogden, Utah, was suspended for two years, stayed, placed on one year of probation with an actual six-month suspension and until he presents declarations from two health care providers that he can resume his practice and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. If the suspension exceeds two years, he must prove his rehabilitation. The order took effect Aug. 21, 2010. Hall stipulated to eight counts of misconduct in two matters. In the first, he represented a client who fell in a store and received a settlement of nearly $30,000. Hall owed the client $12,315 and another $6,143 to a lienholder. He deposited the settlement check in his general bank account, but allowed the balance to drop below the required amount. The check he wrote to his client bounced. Around the time he received the settlement check, he moved his office from Chico to Utah but didn‘t notify the client. When the client couldn‘t locate him, she filed a complaint with the State Bar, the Chico Police Department and the Butte County District Attorney. Hall stipulated that his misappropriated client funds and failed to maintain funds in trust. In the second matter, he represented a personal injury client but did not respond to discovery, appear at case management conferences, cooperate with opposing counsel in selecting an arbitrator, answer the other lawyer‘s letters or respond to a motion to compel discovery. He was sanctioned and the court approved his client‘s request that Hall be removed from the case. He didn‘t pay the sanctions for 18 months. He stipulated that he failed to perform legal services competently, obey a court order, keep his client informed of significant developments in her case, communicate with his client or return her file, and he abandoned his client. In mitigation, he cooperated with the bar‘s investigation and he suffered from anxiety and depression. FEREIDOUN ANTHONY KOUSHAN [#165151], 50, of Beverly Hills 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 Aug. 21, 2010. Koushan was convicted of failing to pay taxes in 1998 and 1999. In 1998, he had a taxable income of $254,185, owed taxes of $79,964, but paid only $20,193. The following year, his taxable income was $327,112, he owed $73,987, but paid just $69,602.

He was convicted, sentenced to three years of probation, fined $30,000, and was ordered to perform 300 hours of community service and make restitution to the IRS of $64,156. He stipulated that his misconduct warranted discipline but did not involve moral turpitude. In mitigation, Koushan had no prior discipline record, cooperated with the bar‘s investigation and presented evidence of his good character. AVA DELILIAH LANDERS [#171859], 50, of Dunnigan was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010. Landers successfully completed the State Bar Alternative Discipline Program after stipulating that her mental health issues directly caused her misconduct. She admitted that in five client matters, she failed to perform competently, communicate, maintain client funds, properly withdraw from employment and promptly return client files. In a bankruptcy matter in which time was of the essence, for example, Landers did not file the petition for eight months and the client became individually liable for the community debts her husband discharged in bankruptcy. She ultimately hired a new lawyer who was told by one of Landers‘ staff that the petition had been filed several days earlier — which wasn‘t true. Landers didn‘t respond to her client‘s numerous phone calls or update her on the status of her case, nor did she deposit the client‘s advanced fee in her client trust account. Another client who was trying to obtain an annulment paid an advance fee and signed a substitution form replacing his previous lawyer with Landers. She never filed the form, however, nor did she file a completed Expense and Property Declaration form, and she didn‘t communicate with the client for four months. She stipulated that she failed to perform legal services competently or communicate with her client. In mitigation, Landers had no prior discipline record, cooperated with the bar‘s investigation and she had financial and marital problems at the time of the misconduct. JAMES VanALLEN BICKFORD IV [#206437], 46, of San Diego was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010. Bickford stipulated that he did not file two quarterly probation reports on time, as required by a 2008 private reproval. In mitigation, he cooperated with the bar‘s investigation. WILLIAM FRANCIS BOSQUE JR. [#75886], 59, of San Francisco was suspended for two years, stayed, placed on four years of probation and was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010. Bosque stipulated to three acts of misconduct in a probate matter. Other than filing a will, he took no further action despite his client‘s numerous phone calls and a demand that he complete the work. When the client complained to the State Bar, Bosque promised to do the work but did not. He returned only some of the client‘s papers and property. He stipulated that he failed to perform legal services competently, communicate with a client or return client files. In mitigation, Bosque had no prior discipline record and he cooperated with the bar‘s investigation, demonstrated remorse and presented evidence of his good character. WENDELL DEAN PETERS [#150132], 57, of Auburn was suspended for one year, stayed, placed on five years of probation with an actual 90-day suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 21, 2010. Peters stipulated to 20 acts of misconduct in six matters. In a criminal matter in which the client paid a $2,500 advance fee, Peters didn‘t discuss the case before the client‘s arraignment or appear at the arraignment and he did not obtain the police reports. He didn‘t respond to the client‘s faxes and phone messages and vacated his office without notifying the client. When a new lawyer took over, Peters didn‘t refund the unearned fee. In a divorce matter in which he represented the husband, Peters received $220,697, the proceeds of the sale of the couple‘s home. Although he deposited the money in his client trust account, he wrote a check to the wife against another bank account that held insufficient funds. He later gave the wife a cashier‘s check. He also failed to account for the clients‘ funds, as ordered by the court. He took no action for a family law client and did not refund her advanced $2,500 fee or respond to her phone calls and letters. In a custody dispute, he prepared pleadings but didn‘t file them and falsely told the client hearings were scheduled, and he took no action to modify criminal probation conditions for another client. He also commingled personal funds in his trust account and wrote checks against insufficient funds. In mitigation, he had no prior discipline. SUZANNE ELIZABETH RAND-LEWIS [#126219], 48, of Sherman Oaks 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 Aug. 21, 2010. Rand-Lewis stipulated that she improperly signed her client‘s name to a document in a civil matter. She claimed that her client asked her to do so and she had a special power of attorney agreement with the client. In mitigation, she acted in good faith and had no discipline record in 17 years of practice. JOSEPH ROSSETTI [#90051], 59, of San Diego 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 Aug. 21, 2010. Rossetti stipulated to five acts of misconduct in two matters. He was hired to prepare documents to split assets of a trust the client co-owned with her sister. There was no written fee agreement and Rossetti had previously represented the client without incident. He did no work prior to being fired five months later for not responding to the client‘s multiple phone calls, faxes and letters. Rossetti stipulated that he failed to perform legal services competently, communicate with a client, refund her advance fee or return her file. In the second matter, Rossetti did not comply with probation conditions attached to a 2005 discipline. He did not file quarterly probation reports or submit proof of restitution. That discipline was imposed after he stipulated to seven counts of misconduct in two cases. In mitigation, Rossetti cooperated with the bar‘s investigation, demonstrated remorse and submitted evidence of his good character. MARK SITRAK SIMONIAN [#96969], 56, 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 Aug. 21, 2010. Simonian was privately reproved in 2008 after stipulating to misconduct in 2005 and successfully completing the Alternative Discipline Program for lawyers with substance abuse or mental health issues. However, he did not comply with conditions attached to the reproval; he did not submit six quarterly probation reports or provide proof that he passed the MPRE or attended ethics school.

The underlying discipline was imposed because Simonian practiced while not an active bar member and he didn‘t cooperate with the bar‘s investigation. In mitigation, he cooperated with the bar‘s investigation and he had physical or emotional problems at the time of the misconduct. JOOHAN SONG [#232811], 33, of Marina del Rey was suspended for two years, stayed, placed on two years of probation with a one-year actual suspension and he was ordered to take the MPRE within a year and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 21, 2010. The State Bar Court review department rejected a hearing judge‘s recommendation that Song be suspended for 90 days for a misdemeanor conviction for reckless driving involving moral turpitude. The bar asked that Song be disbarred, and Song sought a 30day suspension. He was convicted of reckless driving but stipulated that the conviction involved moral turpitude because he lied to both the Los Angeles Police Department (LAPD) when he denied involvement in a hit-and-run accident and to his insurance company when he reported that his car had been stolen. Song hit an unoccupied car, damaging both it and his car, and he fled when a witness asked for his information. He offered numerous details about the theft of his car to his insurance agent but eventually admitted his involvement in the hit-and-run. Song received credit for extensive mitigation, including considerable community service and pro bono work, testimony about his good character as well as witness statements that his actions were uncharacteristic and aberrational. However, four lawyers who regularly opposed Song described his proclivity to ―push the envelope‖ of honest and ethical behavior by misrepresenting the facts and/or status of a case, later claiming mistakes when he was challenged. Although two witnesses were unwilling to conclude that Song was generally a person of bad character or was dishonest based on their trial experience with him, the other two believed he was a dishonest person. ―Nonetheless,‖ wrote Judge Judith Epstein, ―we conclude that Song‘s overall strong showing of mitigation, including the character testimony of his witnesses, who have known him far longer and in more varied and broader contexts than the State Bar‘s rebuttal witnesses, significantly outweighs the evidence in aggravation.‖ The review panel said the hearing judge‘s recommendation for a 90day suspension was inadequate, but the bar‘s request for disbarment was not warranted. Instead, the panel recommended a oneyear suspension for Song. WAYNE KENNETH TEEBKEN [#93013], 67, of Laguna Woods was suspended for one year, stayed, placed on two years of probation with a 90-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 21, 2010. Teebken successfully completed the Alternative Discipline Program after demonstrating a connection between his misconduct and substance abuse. He stipulated to 16 acts of misconduct in 12 matters. Three times he allowed non-lawyers to provide legal advice and perform other legal duties, and the remainder of the cases involved immigration matters. In most cases, he did not perform legal services competently. One client was deported and another received a letter from the Department of Homeland Security ordering him to leave the country immediately. In one matter, he allowed his office manager to sign documents in Teebken‘s name and accept fees for an application to have a client‘s status adjusted when she was not eligible. In the same matter, Teebken did not represent the client at her asylum interview or take steps to obtain final approval of the asylum application. Teebken also did not account for client funds, refund unearned fees or keep clients informed of significant developments. In mitigation, he had no prior discipline record. MICHAEL STEVEN TRAYLOR [#136814], 48, of Valencia was suspended for two years, stayed, placed on two years of probation with a 60-day actual suspension and he was ordered to take the MPRE within one year. The order took effect Aug. 21, 2010. The actual suspension began Nov. 1 and ended Dec. 24, 2010. Traylor stipulated to misconduct in two matters. In the first, he commingled funds in his client trust account and issued checks and initiated automatic electronic debits against that account when it held insufficient funds. Traylor was going through a divorce at the time and did not reconcile his trust account. When he discovered the problem, he ordered the bank to stop all payments and debits. He stipulated that he commingled funds and committed acts of moral turpitude. Traylor represented a client on a contingency fee basis to pursue claims against various parties related to home improvement work. Although Traylor filed a cross-complaint on his client‘s behalf, he did not appear at a case management conference, a post-mediation status conference or a hearing on a order to show cause. His client‘s cross-complaint was dismissed. Although it was later reinstated, the client terminated him and reached a settlement on her own. Traylor stipulated that he failed to perform legal services competently. In mitigation, he had no prior discipline record, demonstrated remorse and had numerous personal problems at the time of the misconduct. GREGORY JOHN TOKARCZYK [#150924], 47, of Redwood City was suspended for one year, stayed, placed on one year of probation with a six-month actual suspension and was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 21, 2010. Tokarczyk stipulated that he committed six acts of misconduct while representing a couple in a civil case. Despite receiving repeated phone calls, he did not tell the clients the status of their case. He also failed to perform competently by missing all but 10 minutes of an arbitration hearing, failing to prepare the clients for trial and failing to appear at the trial. Neither Tokarczyk or the clients appeared at a case management conference. He was sanctioned $4,500 and the clients each were sanctioned $250 although they didn‘t know about the conference. The clients appeared for trial and told the judge they hadn‘t been able to reach Tokarczyk. The judge vacated the sanction order against them. Tokarczyk did not earn or refund the advanced fee. He stipulated that he failed to perform legal services competently, respond to client inquiries or cooperate with the bar‘s investigation and he improperly withdrew from representation. In mitigation, Tokarczyk suffers from bipolar disorder and substance abuse. He also was suspended in 2009 after stipulating that he committed 27 acts of misconduct. Because he did not comply with probation conditions attached to the Aug. 21 discipline, his probation was revoked. The State Bar Court has recommended his disbarment. BRUCE DUANE CARROLL [#108725], 58, of Long Beach 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 Sept. 2, 2010.

Carroll successfully completed the Alternative Discipline Program after demonstrating a connection between his misconduct and mental health issues. He stipulated to 18 acts of misconduct in three client matters. He handled a civil action on a contingency basis alleging race discrimination and disability discrimination. The court granted summary judgment against his client because Carroll failed to undertake or respond to discovery, or appear at two depositions and a summary judgment hearing. He didn‘t tell his client about the court‘s ruling. In another employment discrimination case he took on contingency, Carroll filed a complaint in superior court, but when the defendants moved it to federal court, he did little additional work. He did not appear at an order to show cause hearing and the case was dismissed. In the third matter, he handled a civil case that stemmed from his client‘s arrest. Although he handled the arraignment and continued to represent the client for several months, he eventually withdrew from the case without informing the client. He failed to appear at a pre-trial hearing and a bench warrant was issued for his client‘s arrest. Again, the client was not informed. In the civil matter, he filed a complaint but then effectively withdrew. The case eventually was dismissed and Carroll was sanctioned $4,151 because he failed to respond to discovery, attend depositions, attend hearings and oppose various motions Carroll stipulated that he failed to perform legal services competently, communicate with clients, obey court orders, release a client file or cooperate with the bar‘s investigation and he improperly withdrew from representation. In mitigation, he has no prior record of discipline in more than 20 years of practice, he cooperated with the bar‘s investigation and he successfully completed the ADP. KENNETH SIDNEY KLEEGER [#102763], 56, of Whittier was suspended for one year, stayed, placed on three years of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect Sept. 2, 2010. Kleeger successfully completed the Alternative Discipline Program after demonstrating a connection between his misconduct and mental health issues. He stipulated to misconduct in three client matters, including failing to perform competently, communicate, promptly return client files, account for client funds, maintain funds in a client trust account and cooperate with the bar‘s investigation. He also allowed the balance in his trust account to fall below the required amount by not keeping detailed records of settlement funds. PHYLLIS DIANNE-LASATER LOYA [#111767], 63, of Antioch 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 Sept. 2, 2010. Loya did not respond to a State Bar investigator when her client complained about her. While the bar was awaiting her response, Loya was publicly reproved and as part of her disciplinary requirements, she was required to comply with the State Bar Act and the Rules of Professional Conduct. She did not reply to a second letter from the investigator and ignored a bar prosecutor‘s request that she meet before formal charges were filed. In mitigation, Loya‘s client was not harmed, she cooperated with the bar‘s investigation, and she had financial and emotional problems, stemming from the murder of her police officer son in the line of duty. She was hospitalized in intensive care with lifethreatening illnesses and she declared bankruptcy. The public reproval was imposed after Loya successfully completed the Alternative Discipline Program. She stipulated to misconduct in six matters after demonstrating a connection between her mental health issues and the misconduct, which included failures to account for client funds, communicate, avoid interests adverse to a client and perform legal services competently. PETER MANUEL MARQUEZ [#219823], 34, of Riverside was suspended for four years, stayed, and placed on four years of probation with a 30-month actual suspension and until he proves his rehabilitation. He was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court and received credit for a period of interim suspension that began Aug. 29, 2008. The order took effect Sept. 2, 2010. In 2008, Marquez was convicted in North Carolina of possession of more than 50 pounds of marijuana, conspiracy to traffic in marijuana, conspiracy with intent to sell a controlled substance and keeping a dwelling to use in selling a controlled substances. All the charges were felonies involving Marquez‘ possession of more than 50 pounds of marijuana. Marquez, who practiced in California but wasn‘t making much money, was drawn to his brother-in-law, who was a drug dealer. He received money from the sale of marijuana on his brother-in-law‘s behalf, on three occasions faxing between $20,000 and $25,000 in hollowed-out books to the brother-in-law. Marquez stipulated that he trafficked in marijuana at least in part to pay his living expenses. In mitigation, he cooperated with the bar‘s investigation and was candid about his criminal activities. RONALD SHUJI TAMURA [#186877], 49, of Sylmar was suspended for two years, stayed, placed on two years of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect Sept. 2, 2010. Tamura successfully completed the Alternative Discipline Program after demonstrating a connection between his mental health issues and his misconduct. He stipulated that he was convicted in 2007 of child endangerment and assault with a firearm after pointing a gun at his wife during an argument. The couple‘s two children were next to her at the time. In mitigation, in addition to completing the ADP, Tamara cooperated with the bar‘s investigation, presented evidence of his good character, and took steps showing recognition of his wrongdoing. He also had no prior discipline record. The bar placed him on interim suspension in 2007. BRYAN THOMAS CASTORINA [#162843], 44, of Los Angeles 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 Sept. 8, 2010. Castorina successfully completed the Alternative Discipline Program after demonstrating a connection between his mental health issues and his misconduct. He stipulated to misdemeanor convictions for assault, trespass and petty theft and to professional misconduct, between 2005 and 2008, in two client matters that involved failures to perform competently, communicate, promptly return client files and cooperate with the bar‘s investigation. RICHARD JAMES CHIOZZA [#142575], 57, of Benicia was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Sept. 8, 2010. Chiozza stipulated to six counts of misconduct in two matters. He represented a client who was being sued in his individual and corporate capacities; the client paid an advance $3,000 fee. Chiozza did not respond to discovery, appear at case management conferences or file case management statements and he did not pay three court-ordered sanctions totaling $850. He also ignored his client‘s messages and faxes.

In the second matter, Chiozza filed suit on his client‘s behalf but subsequently did not appear at case management conferences or pay court-ordered sanctions. In both cases, he didn‘t respond to a bar investigator. In mitigation, Chiozza had no discipline record during 19 years of practice. CHRIS CONNOLLY [#180392], of Northridge was suspended for one year, stayed, placed on two years of probation with an actual 30-day suspension and she was ordered to take the MPRE within one year. The order took effect Sept. 8, 2010. Connolly stipulated that she failed to properly maintain funds in trust for a client who was injured in an automobile accident. Although the client hired a new lawyer, he didn‘t inform Connolly, who received a partial settlement check for him that she deposited in her client trust account. Connolly and the client had signed medical liens. Connolly opened a new trust account, using some money from the original account. Although the balance in that account fell below the amount she was required to maintain for the client, there were adequate funds in another account. Connolly paid one medical lien a month after the case settled. In mitigation, Connolly has no discipline record in 12 years of practice, her client was not harmed, and she cooperated with the bar‘s investigation and changed her office policies to avoid future trust accounting problems. ELIZABETH LANGAN SHIVELL [#98471], 57, of San Jose was suspended for two years, stayed, placed on two years of probation with an actual one-year suspension and until she makes restitution and she was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Sept. 8, 2010. Shivell stipulated to 13 counts of misconduct in seven matters. Five clients were deprived of their funds for between five months and two years. In mitigation, Shivell had no record of discipline in 27 years of practice, self-referred to the Lawyer Assistance Program, nearly died and as a result lost her home and practice, and was the guardian of a severely troubled youth, whose problems caused her to sharply curtail her working hours. When she received fees and costs from pending cases, she immediately made restitution to some clients. BENJAMIN THOMAS FIELD [#168197], 46, of San Jose was suspended for five years, stayed, placed on five years of probation with an actual four-year suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Sept. 10, 2010. The State Bar Court review department found that Field, a former Santa Clara County deputy district attorney, acted unethically prosecuting four cases. He violated a court order by obtaining a dental examination of a minor accused of sexual assault. As a result, the court ordered the evidence suppressed. In another sexual assault case, he intentionally withheld a witness‘ statement that was favorable to the defense in a habeas proceeding. The judge handling the case found that Field committed a discovery violation. He also withheld a defendant‘s statement that would have helped co-defendants in a murder case. The court dismissed a 25-year gun enhancement. In the fourth matter, Field made an improper closing argument in a sexually violent predator (SVP) case. The appellate court reversed the judgment committing the defendant as a SVP and described Field‘s closing argument as ―deceptive and reprehensible.‖ The bar court‘s review panel found that Field abused his office and violated the due process rights of several criminal defendants and said he ―disregarded prosecutorial accountability in favor of winning cases.‖ In recommending the harsh punishment for Field, review Judge Catherine Purcell wrote, ―Although our system of administering justice is adversarial in nature and prosecutors must be zealous advocates in prosecuting their cases, it cannot be at the cost of justice. ―Field lost sight of this goal . . . and in doing so, he disregarded the foundation from which any prosecutor‘s authority flows — ‗The first, best and most effective shield against injustice for an individual accused . . . must be found . . . in the integrity of the prosecutor.‘‖ The court gave Field credit for extensive mitigation, including his cooperation with the bar‘s investigation, an impressive record of pro bono service and ―an extraordinary demonstration of good character.‖ In particular, it expressly noted the testimony of former Santa Clara District Attorney George Kennedy, who lauded Field‘s ―extraordinary professional skills and good character‖ and said he considers Field an honest person who is not intentionally corrupt. JAMIE LEIGH HARLEY [#112320], 53, of San Jose was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension and until she makes restitution, and she was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. If the actual suspension exceeds two years, she must prove her rehabilitation. The order took effect Sept. 10, 2010. Harley also was placed on interim suspension Sept. 10 as a result of federal convictions on five counts of money laundering. The State Bar Court found that Harley, who also is known as Jamie Harmon, committed nine acts of misconduct in six matters. A former deputy district attorney, Harley handled a busy criminal law practice that often included 100 to 200 open files at a time. The court‘s review department found her misconduct primarily involved mismanagement of her practice and did not involve dishonesty. She gave incorrect advice about the prison term one client would receive under a plea agreement and provided incorrect information about the consequences of a plea in a serious sex offense case. She forgot about one client‘s traffic trial and did not appear, and in three matters, she did not properly respond to the clients‘ requests for information, for their files or for refunds of their fees. In mitigation, Harmon practiced for nearly two decades with no discipline and cooperated with the bar‘s investigation. GODFREY JOHN TENCER [#56162], 68, of San Rafael 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 Jan. 29, 2011. Tencer stipulated that his misdemeanor convictions for violating a protective order and harassing someone with an electronic communication violated California law. He was sentenced to 18 months of probation. Tencer ended a consensual extramarital affair but then started to harass the victim by sending emails and chat requests to her and her associates. He created multiple screen names to disguise his identity and once impersonated a potential client to arrange a business meeting with the victim and her employer. When she obtained a restraining order, he contacted both her and her daughter. Tencer was privately reproved in 1977. In mitigation, he cooperated with the bar‘s investigation and he settled a lawsuit with the victim. IRA SELTZER [#46225], 67, of Los Angeles was suspended for two years, stayed, placed on three years of probation with an actual one-year suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 29, 2011. Seltzer stipulated to two counts of mishandling his client trust account.

He received an insurance check for $5,711 to pay three clients‘ medical bills. Although he deposited the funds in his client trust account, he allowed the balance to drop to negative $1,291 and did not pay any bills. He then replenished the account with $7,500 of personal funds, commingling personal and client funds. Seltzer has a record of three prior disciplines in 1993, 1998 and 2002. In mitigation, he cooperated with the bar‘s investigation and he had severe, life-threatening health issues that affected his ability to keep good records. BRIAN GREGORY MAGRUDER [#229675], 38, of North Hollywood was suspended for one year, stayed, placed on two years of probation with a six-month actual suspension and he was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 29, 2011. Magruder stipulated that he did not comply with rule 9.20, as required by a 2009 disciplinary order. He did not submit to the State Bar Court an affidavit stating that he notified his clients, opposing counsel and other pertinent parties of his suspension. The underlying discipline stemmed from a default in which the State Bar Court found that Magruder committed six acts of misconduct in two client matters: he failed to perform legal services competently, account for client funds or respond to client inquiries and he improperly withdrew from representation. In mitigation, he filed the affidavit prior to bar charges, had serious personal problems, closed his law firm and moved to Mexico. TODD JAMES HILTS [#190711], 39, of San Diego was suspended for two years, stayed, placed on three years of probation with an actual one-year suspension and he was ordered to take the MRPE and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 29, 2011. Hilts stipulated that he misappropriated funds and commingled funds in one matter, represented conflicting interests without proper written disclosure in a second matter, and failed to maintain advanced costs in his client trust account or account for fees in a third matter. He also did not cooperate with the bar‘s investigation. In the first matter, a personal injury client obtained a $5,000 loan, granting the lender a lien against any recovery of $5,000 plus a $1,500 fee and 3.95 percent interest on the $6,500. Hilts acknowledged the lien and agreed not to distribute any recovery to the client until the lien was satisfied. He did not notify the defendant or its attorney of the lien. He settled the case for $135,000 and wrote a series of checks to the client and other parties, using both the settlement funds and personal funds. He allowed the balance in the trust account to fall below the required amount. The lender notified the defendant at one point that the client owed $9,876 and that interest was accruing at a rate of 3.95 percent. That was the first the defendant knew about the lien. Hilts stipulated that he misappropriated $8,848, committing an act of moral turpitude, did not properly maintain client funds and commingled funds in his trust account. He filed a divorce petition on behalf of the wife in a second matter. Because the client was diagnosed with dementia and Alzheimer‘s disease, several parties attempted to be appointed her conservator, including the husband, whose request was denied. The couple‘s daughter had unsuccessfully petitioned to be her mother‘s conservator and attempted to have another individual appointed. The mother‘s estate was worth $3 million. The husband hired Hilts to represent the daughter in the conservatorship matter. Hilts admitted that the father controlled the daughter and her money, paid her legal fees, and that the daughter‘s petition for conservatorship was filed to terminate the dissolution. He therefore had a potential conflict of interest. Hilts did not obtain the father and daughter‘s written consent to the representation. In the third matter, he did not deposit advanced costs in his client trust account or account for the money. In mitigation, Hilts made restitution to the lender in the first matter and repaid the advanced costs in the third, he presented character witnesses who testified that his conduct was aberrational, his personal injury experience was limited, no clients were harmed and he had to devote considerable time to care for his father, who had suffered a massive stroke. WENDY ALICIA HARTE [#243230], 38, of Santa Monica was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Jan. 29, 2011. Harte went to a skincare salon and after completing a client profile and consent form, she told the staff that the form did not adequately protect the salon from lawsuits. She later met with the company CEO and offered to improve the legal language of the form in exchange for skin care products and services. Harte was not licensed at the time, although she was truthful when she told the CEO she had a law degree and had passed the bar exam, but was awaiting a background check. She stipulated that she held herself out as an attorney when she wasn‘t entitled to practice. Harte did not notify the Committee of Bar Examiners that she acted as an attorney before she was licensed and stipulated that she knowingly failed to disclose a material fact for admission to the bar. In mitigation, the client was not harmed because the spa did not use Harte‘s suggested language in its form. BURTON CHARLES ALLYN IV [#96273], 63, of San Rafael was suspended for six months, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Jan. 29, 2011. Allyn failed to comply with probation conditions attached to a 2009 public reproval. He did not contact the probation office or submit quarterly reports, and he submitted his final report late. The reproval was issued for his failure to perform legal services competently, return client files or cooperate with the bar‘s investigation. In mitigation, he cooperated with the bar and he missed work for a time during the probation because of serious physical injuries. The probation of RONALD JEFF CORTEZ [#220481], 45, of Sacramento was revoked and he was suspended for 18 months and until he proves his rehabilitation. He was ordered to comply with rule 9.20 of the California Rules of Court and receives credit for a period of inactive enrollment that began Sept. 26, 2010. The order took effect Jan. 29, 2011. Cortez was disciplined in 2009 but did not comply with probation conditions. He submitted two quarterly reports late, did not submit declarations of compliance with criminal probation or proof of attendance at 15 abstinence-based self-help group meetings per month, and did not submit a required medical waiver or monthly alcohol/drug screening reports. The underlying discipline was imposed after Cortez was convicted of felony driving under the influence of alcohol—causing injury. He was involved in a motor vehicle accident while driving with a blood-alcohol content of .17. The driver of the other vehicle suffered significant injuries resulting in at least three separate surgeries. MOHAMAD TOUFIC NEHMEH [#121883], 64, of Huntington Beach was suspended for two years, stayed, placed on two years of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect Jan. 29, 2011.

Nehmeh stipulated to two counts of misconduct in a bankruptcy matter. During the initial consultation, he told the client he had a buyer for her house if she decided to sell rather than declare bankruptcy. She declined, but a month later, after Nehmeh filed the bankruptcy petition, the client decided she didn‘t want to file for bankruptcy. Nehmeh repeated his offer and again the client declined. The bankruptcy petition was dismissed. Two weeks later, the client‘s car was repossessed and she contacted Nehmeh about the offer to buy her home. He produced a buyer, who offered $10,000 plus payment of all outstanding liens and encumbrances. The client agreed. Nehmeh later told her he was not her lawyer for the real estate transaction and in fact represented the buyer. During the course of the bar‘s investigation of the client‘s complaint, Nehmeh provided both a ―waiver of conflict‖ document purportedly signed by the client and a letter from another attorney that purported that the client consulted with him about the sale of her home. She never saw either document or consulted with another lawyer. Nehmeh stipulated that he failed to disclose his relationship with his friend in the real estate matter, and he committed acts of moral turpitude by making misrepresentations to the bar. He has a prior discipline record. JEFFREY ALAN AGNEW [#105268], 54, of Ramona was suspended for two years, stayed, placed on three years of probation with an actual 90-day suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 29, 2011. Agnew stipulated to six counts of misconduct in six matters. He twice failed to refund unearned fees and twice commingled personal and client funds in his trust account. He also failed to prepare and file an objection to a bankruptcy petition based on fraud and his client lost the opportunity to object to the petition. After filing a lawsuit on behalf of a couple, he advised them that because he failed to take certain actions, they should dismiss their case. When the case was dismissed, the court ordered Agnew‘s clients to pay the defendants $31,000. They sued him for malpractice and won a judgment of $31,441 against Agnew plus costs of $2,204. He did not report the judgment to the State Bar, as required. In mitigation, Agnew cooperated with the bar‘s investigation. CHRISTOPHER LEE DIENER [#187890], 43, of Irvine was suspended for three years, stayed, placed on four years of probation with an actual 15-month suspension and was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Feb. 5, 2011. Diener stipulated that he collected $33,405 from 15 out-of-state clients to obtain modifications of their home mortgage loans. He is not licensed in any of the states. He stipulated that he held himself out as an attorney in states where he was not licensed and charged and collected illegal fees. In mitigation, Diener had no prior discipline record and he cooperated with the bar‘s investigation. Diener became the first California lawyer arrested for illicit loan modification activities when he was charged in Orange County with more than 100 felonies in February 2010. Most charges were dropped and he now faces 9 felony grand theft charges and one charge of conspiracy to commit grand theft and capping. The State Bar placed him on involuntary inactive enrollment in October 2009 and originally charged him with 80 counts of misconduct in 24 matters. ROBERT STEVEN TABOR [#169781], 48, of Sacramento was suspended for three years, stayed, placed on three years of probation with a two-year actual suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Feb. 10, 2011. Tabor stipulated to eight counts of misconduct in two matters. In the first, his client received a $75,000 in settlement of a dispute. When Tabor tried to deposit the check in his client trust account, it was returned because the settlement draft was not funded. Instead, the money was wire transferred but Tabor inadvertently provided the number for his general account rather than his client trust account. He was entitled to $37,000 in legal fees and was to maintain $37,765 for his client. Tabor did not transfer the money to his trust account and allowed the balance to fall below the required amount, spending his client‘s money for his personal use. Although he eventually transferred $37,000 to his client trust account and paid the client was he was owed, Tabor stipulated that he misappropriated client funds, committing an act of moral turpitude, and he failed to deposit client funds in a trust account, promptly pay out the funds or account for the money. In the second matter, Tabor represented a lawyer in a dispute with the wife of the lawyer‘s deceased partner. The wife filed suit, but because Tabor did not respond, the court found his client in default. A new lawyer had the default set aside and the court ordered Tabor to pay the wife a sanction of $13,668. When he did not do so, the court ordered him to pay $1,000 to the State Bar Client Security Fund. He did not do so for more than a year. He also eventually paid the wife $21,461 to satisfy the sanction and interest. He stipulated that he did not obey court orders, and he failed to perform legal services competently or report the sanctions to the State Bar. He also stipulated that he did not cooperate with the bar‘s investigation of his misconduct. In mitigation, he had no prior discipline record and he had emotional or physical problems at the time of the misconduct.

PUBLIC REPROVALS
KIMBERLY S. DANIELS [#195839], 55, of Grover Beach (Jan. 26, 2011) STEPHEN C. SURINAK [#196646], 64, of San Diego (Feb. 1, 2011) EDWARD M. WEISZ [#107756], 60, of Woodland Hills (Feb. 8, 2011)

RESIGNATIONS WITH CHARGES PENDING
ERIC P. XANTHOPOULOS [#235973], 37, of San Francisco (Feb. 11, 2011) RICHARD R. PURTICH [#77829], 58, of Los Angeles (Feb. 11, 2011) CAMERON J. EDWARDS [#222549], 40, of San Marcos (Feb. 11, 2011) MARGUERITE M. BUCKLEY [#33312], 78, of Torrance (Feb. 11, 2011)

MPRE SUSPENSIONS

ROSE M. ESTRADA [#214510], 41, of Aachen, Germany (Jan. 24, 2011) JAMES J. MAZZEO [#108077], 55, of San Diego (Jan. 24, 2011)

PHILIP O. FALESE [#222428], 55, of Pasadena (Feb. 14, 2011)

REINSTATEMENT
BRYAN R. KAZARIAN [#152804], 47, of Westminster (Dec. 21, 2010)