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DISBARMENT
Daniel S. Brown,
State Bar #158025, Danville (April 14
In May 2009 Brown was served with a notice of disciplinary charges. He failed to respond and was placed on inactive status. In June 2009 he appeared in court, representing two clients in a civil case. Opposing counsel informed the court that Brown was on suspended status. Brown claimed ignorance of the effective date of the suspension. In February 2010 he was suspended for 90 days and until the State Bar Court terminated the suspension. Brown was disciplined after failing to comply with conditions to a 2008 public reproval, which required him to notify clients and opposing counsel of his suspension within 30 days and to file an affidavit of compliance within 40 days. He failed to file the affidavit and provided no explanation to the State Bar. In aggravation, Brown had a record of prior discipline, the underlying matter. The current misconduct involved multiple acts of wrongdoing. Also, he failed to participate in the State Bar proceedings prior to entry of his default.
The order took effect May 14
Stephen L. Burns,
State Bar #113371, Burbank (April 13
In aggravation, Burns had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing that caused harm to clients and was surrounded by bad faith, dishonesty, concealment, and overreaching. He also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect May 13
Joe M. Capps,
State Bar #210998, West Newton, MA (April 27
In April 2010 Capps was placed on interim suspension for the General Code violation. His conviction is now final, and the Review Department concluded that his criminal violation met the criteria for summary disbarment.
The order took effect May 27
Gregory Chandler,
State Bar #158260, Travis Air Force Base (April 27
In March 2010 Chandler was suspended for two years and until he made restitution of $8,643 to a client, until the State Bar Court terminated the suspension, and until he provided proof of his rehabilitation, fitness to practice, and learning and ability in the law. Conditions to the discipline required Chandler to notify clients and opposing counsel of his suspension within 30 days and to file an affidavit of compliance within 40 days. He failed to file the affidavit and provided no explanation to the State Bar. In aggravation, Chandler had a record of prior discipline, the underlying matter. He failed to cooperate with the State Bar during its investigation and proceedings, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect May 27
David G. Fox,
State Bar #61158, Sacramento (April 27
In April 2010 Fox was suspended for one year for failing to comply with conditions to a May 2008 order of probation for failing to maintain a current address with the State Bar and failing to cooperate with a State Bar investigation. Conditions to the 2010 discipline required Fox to notify clients and opposing counsel of his suspension within 30 days and to file an affidavit of compliance within 40 days. He failed to file the affidavit and provided no explanation to the State Bar. In aggravation, Fox had a record of prior discipline, the underlying matters, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. Also, he failed to cooperate with the State Bar prior to entry of his default.
The order took effect May 27
Brian I. Glicker,
State Bar #165866, Sherman Oaks (April 21
In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. The State Bar Court also found that he remained defiant and lacked insight into his wrongdoing. In mitigation, Glicker had no record of prior discipline since being admitted to the bar in 1993. Also, during the period of misconduct, he experienced marital stress and financial problems.
The order took effect May 21
Steve S. Kwon,
State Bar #222338, Diamond Bar (April 13
In May 2010 Kwon’s previous order of probation was revoked and a new order issued in which he was suspended for one year and placed on two years of probation for failing to comply with conditions to a previous order of discipline. Conditions to the 2010 discipline required Kwon to notify clients and opposing counsel of his suspension within 30 days and to file an affidavit of compliance within 40 days. He failed to file the affidavit and provided no explanation to the State Bar. In aggravation, Kwon had a record of prior discipline. In mitigation, he cooperated with the State Bar during its investigation and proceedings. Also, he demonstrated remorse by contacting the Office of Probation prior to the disciplinary proceedings.
The order took effect May 13
Ricardo L. Mendoza,
State Bar #129356, Oxnard (April 27
In aggravation, Mendoza had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing that caused harm to Mendoza’s clients. In mitigation, he cooperated with the State Bar by entering into a comprehensive stipulation.
The order took effect May 27
Colleen M. Quinn,
State Bar #87608, San Jose (April 21
In May 2010 Quinn was suspended for three years and placed on five years of probation after being found culpable in ten matters by violating Health and Safety Code § 11173(a), attempting to obtain and obtaining a controlled substance, two felony counts and three misdemeanor counts; violating Vehicle Code § 23152(a), driving under the influence of drugs or alcohol, a misdemeanor; violating Vehicle Code § 14601, driving with a suspended license; failing to obtain the informed written consent of a client to represent multiple parties in the same matter in which there was a potential conflict of interest; and failing to competently perform legal services. Conditions to the discipline required Quinn to notify clients and opposing counsel of her suspension within 30 days and to file an affidavit of compliance within 40 days. She failed to file the affidavit and provided no explanation to the State Bar. In addition, she filed her quarterly probation report for April 2010 late and failed to timely file drug-screening reports from March through June 2010. In aggravation, Quinn had a record of prior discipline, the underlying matter. The misconduct caused significant harm to the administration of justice. She demonstrated indifference toward rectification of or atonement for the consequences of her misconduct, and she failed to participate in the State Bar proceedings prior to entry of her default.
The order took effect May 21 Actions From Previous Issues
Edmund T. Crowley,
State Bar #154948, Cottonwood Heights, UT (March 1
In 1999 Crowley was hired by a corporation to work in-house. In October 2004 stock of a public company was issued to the corporation in connection with a bankruptcy. Crowley used a transfer agent to sell some of the stock, deposited funds totaling $37,583 into a bank account he controlled, and failed to notify his employer corporation about the receipt of funds. In a separate incident, in July 2006 Crowley received a settlement check for $71,244 from the corporation’s insurance broker. He deposited the funds into a Wyoming bank account and then transferred them to a Utah bank account that he controlled. He failed to notify the corporation that he was in receipt of the funds, and he used the money to pay for personal expenses. In December 2006 the corporation questioned Crowley about the settlement check, and he admitted misappropriating the funds. During his employment, Crowley misappropriated a total of $108,827 from the corporation. In aggravation, the misconduct caused significant harm to the corporation. Also, Crowley failed to cooperate with the State Bar during its investigation and proceedings. In mitigation, Crowley had no record of prior discipline since being admitted to the bar in 1991.
The order took effect March 31
Karen J. Hamilton,
State Bar #71093, Hollister (March 1
In November 2009 Hamilton was suspended for 30 days and placed on one year of probation for failing to competently perform legal services, failing to respond to client inquiries, failing to keep a client informed about significant developments in the client’s case, failing to return unearned fees, and failing to maintain a current address with the State Bar. Conditions to the discipline required her to notify clients and opposing counsel of her suspension within 30 days and to file an affidavit of compliance within 40 days. She failed to file the affidavit and provided no explanation to the State Bar for her noncompliance. In aggravation, Hamilton had a record of prior discipline, the underlying matter. In the current discipline, she failed to respond to the Notice of Disciplinary Charges and her default was entered.
The order took effect March 31
Tom G. Kontos,
State Bar #44539, Long Beach (March 1
In January 2009 Kontos was placed on interim suspension for the U.S. Code violations. The conviction became final and the Review Department ruled that it met the criteria for summary disbarment.
The order took effect March 31
James M. Leonard,
State Bar #48192, Los Angeles (February 2
In January 2008 Leonard was placed on interim suspension following his conviction for the above stated violations of the U.S. Code. The conviction is now final and the Review Department concluded that it met the criteria for summary disbarment.
The order took effect March 4
Aftab A. Malik,
State Bar #171926, Beverly Hills (February 9
In April 2008 Malik was placed on two years of probation for improperly withdrawing from representation and disobeying a court order. He failed to comply with conditions to the discipline by failing to file four quarterly probation reports, failing to complete six hours of continuing legal education courses, and failing to attend State Bar ethics school. In aggravation, Malik had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing. In addition, Malik demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect March 11
Sean P. Martin,
State Bar #217842, Northridge (January 19
In 2008 Martin entered an online chat room and began a conversation with another participant. The participant, who was an undercover police officer, told him that she was about to turn 14. Martin offered to meet the respondent at a coffee bar and told her that she would recognize him by the clothes he was wearing and the car he was driving. When he got to the bar, police immediately arrested him. In December 2008 Martin pleaded not guilty to violating Penal Code § 288.4, attending an arranged meeting with a minor with the intent to commit a sexual offense, a felony. In March 2009 the district attorney amended the information to a violation of Penal Code § 261.5(b) and § 664, both misdemeanors. Martin pleaded nolo contendere, and the previous count was dismissed. The court placed Martin on three years of summary probation and sentenced him to serve 270 days in jail, with a credit of one day. He was ordered to complete 14 days of CalTrans work and a 52-week sex-offender treatment program, stay away from all minors except those biologically related to him, use the Internet only for work purposes, not participate in chat rooms of any kind, pay $430 in fines and restitution, and provide blood and other samples for tests as required by law. In mitigation, Martin had no record of prior discipline since being admitted to the bar in 2001, and the State Bar Court gave slight weight to his lack of prior discipline.
The order took effect February 18
Garold L. Neely,
State Bar #189557, Stockton (February 18
In January 2011 Neely was suspended for 18 months and placed on probation for three years and until he provided proof of his rehabilitation, fitness to practice, and learning and ability in the law. He was disciplined for failing to comply with conditions to a previous order of discipline that required Neely to, among other things, notify clients and opposing counsel of his suspension within 30 days and file an affidavit of compliance within 40 days. He failed to timely file the affidavit and provided no explanation to the State Bar for his noncompliance. In aggravation, Neely had a record of prior discipline, and he failed to participate in the State Bar proceedings prior to entry of his default.
The order took effect March 20
Kevin S. Nitzel,
State Bar #196113, San Luis Obispo (March 1
In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients and the administration of justice. In mitigation, Nitzel cooperated with the State Bar by stipulating to facts, conclusions of law, and the discipline to be imposed.
The order took effect March 31
Michael E. O'Neal,
State Bar #172829, Sacramento (January 19
In June 2009 O’Neal was placed on interim suspension following his conviction for the tax fraud violation. The conviction is now final, and the Review Department determined that it met the criteria for summary disbarment.
The order took effect February 18
Otto I. Pena,
State Bar #182379, Fullerton (March 3
In 2004 Pena was hired to represent a client in an immigration matter. In January 2005 he entered into a stipulation with the State Bar about charges of attorney misconduct in two client matters involving failure to respond to client inquiries. The following July Pena was suspended for 90 days and placed on three years of probation, but he continued to represent the immigration client and attended a hearing on the client’s matter. However, while waiting for the case to be called, Pena left the client at the hearing without representation. He failed to inform the client of his suspension and failed to advise the client to seek other counsel. In aggravation, Pena had a record of prior discipline, and the current misconduct involved multiple acts of wrongdoing that harmed a client. In mitigation, Pena cooperated with the State Bar during its investigation and proceedings.
The order took effect April 2 |
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