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Scott A. Brandon, Redondo Beach Steven L. Ellman, Long Beach Timothy W. Hessler, Sacramento Scott M. Kendall, Elk Grove Daniel S. Klein, Los Angeles Steven P. Nieto, Sara S. Ray, West Hills Kenneth B. Rodman, Woodland Hills Sandra J. Smith, Jacksonville Christopher L. Turpin, Los Angeles Cathlin A. Atchison, Capitola Joshua B. Baker, Birmingham Jerome Borison, Denver Joshua J. Caditz, Carpinteria Herbert J. Callman, San Francisco McKee Colsman, Los Angeles Peter M. Douglas, Larkspur Susan L. Ferguson, Seattle Georgia Garrett-Norris, Scottsdale Dorothy N. Holmes, Reno Susan G. Rhea Moore, Danville Brian R. Orazetti, Morro Bay Karolyn M. Renard, Santa Barbara Robert S. Schurmer, Oxnard Lloyd H. Schwengel, Brea Wendy E. Sloan, New York Edma C. Stage, Van Nuys Steven W. Waldo, Brisbane Kindra L. Willey, El Cajon Robert Berchan, Valencia James W. Biedebach, Del Mar Anthony A. Brock, Los Angeles Ilse M. Butterfield, Hayward Robert E. Dowd, Bakersfield Patricia J. Escobar, Woodland Hills Donald E. Fergus, San Diego Stephen C. Hollingsworth, Los Angeles William E. Johnson, Woodland Hills Kenneth L. Kiddy, Stockton Steve Larkin, Los Angeles Marc R. Levine, Palm Desert Donald E. Levinson, Los Angeles Robert A. Logan, El Segundo David H. Loomis, Victorville Kimberly L. McAlpin, Manhattan Beach James P. McHenry, Laguna Hills Christie B. Mitchell-Guttman, Orangevale John F. Morken, San Francisco Carl W. Nyman, Irvine Thomas D. Pamilla, Phoenix Ruth C. Rose, Ingleside Fred Rucker, Los Angeles Roger D. Stacy, San Diego Charles V. Stebley, El Dorado Alan J. Sternberg, Orinda Wayne W. Suojanen, Aliso Viejo Zhen X. Wang, Fengai, China Mark L. Webb, San Francisco Bruce H. Atwater, San Francisco William R. Cohen, Boca Raton Gary W. Gorski, Sacramento Steven P. Haskett, San Diego Sean P. Howard, Atwater Lawrence Solorio, Fair Oaks Anup Tikku, San Jose Dominic R. Valerian, San Rafael DISCIPLINE DISBARMENT Scott A. Brandon, State Bar #189654, Redondo Beach (October 25, 2011). Brandon, 47, was disbarred for failing to timely comply with conditions to a previous order of discipline and violating a court order requiring him to timely file reports and meet attendance verifications. He was placed on probation following his convictions for driving under the influence, driving with a suspended license, and possession of marijuana; he was subsequently convicted of giving false information to a police officer and, again, driving with a suspended license. Later, he pleaded guilty to possession of cocaine and felony escape. The California Supreme Court then placed Brandon on five years of probation. He failed to comply with terms of his probation, failed to submit written quarterly reports, failed to submit satisfactory proof of attendance to Alcoholics Anonymous and Narcotics Anonymous meetings, and failed to submit to alcohol and drug testing. In aggravation, Brandon had a record of prior discipline. In mitigation, he successfully completed the Alternative Discipline Program. The order took effect November 24, 2011 Steven L. Ellman, State Bar #135658, Long Beach (October 25, 2011). Ellman, 50, was disbarred for commingling personal funds in the client trust account, misappropriating funds, failing to pay funds the client was entitled to receive, failing to maintain accounting, failing to promptly respond to client inquiries, failing to competently perform legal services, and engaging in acts of moral turpitude, dishonesty, or corruption.In aggravation, Ellman had a record of prior discipline. He exhibited a pattern of misconduct—misappropriation, failed responsiveness, and overreaching—that caused significant harm to his clients. In mitigation, he cooperated with the State Bar during its investigations. The order took effect November 24, 2011 Timothy W. Hessler, State Bar #231689, Sacramento (October 25, 2011). Hessler, 38, was disbarred for failing to competently perform legal services, failing to respond to reasonable client inquiries, failing to return client files, failing to obey a court order, failing to maintain client funds in trust, and misappropriating settlement funds. In 2008 Hessler filed for resignation with charges pending, but the matter was abated. In 2011 the California Supreme Court declined to accept his voluntary resignation, and a disciplinary matter proceeded. In aggravation, Hessler committed multiple acts of wrongdoing involving several clients, and multiple sanctions were lodged against him. Further, his misappropriation of $105,000 in settlement funds was egregious. The order took effect November 24, 2011 Scott M. Kendall, State Bar #166156, Elk Grove (October 25, 2011). Kendall, 50, was disbarred for failing to respond to reasonable client inquiries, failing to competently perform legal services, withdrawing from representation without a tribunal’s permission, improperly withdrawing from representation, advising a violation of the law, and engaging in acts of moral turpitude, dishonesty, or corruption. In aggravation, Kendall committed multiple acts of misconduct that significantly harmed his clients. Also, he failed to participate in the State Bar investigation. In mitigation, Kendall had no record of prior discipline. The order took effect November 24, 2011. The order took effect November 24, 2011 Daniel S. Klein, State Bar #153436, Los Angeles (October 25, 2011). Klein, 48, was disbarred for failing to maintain client funds in a trust account and engaging in acts of moral turpitude, dishonesty, or corruption. In November 1998 Klein filed a civil action on behalf of a client, claiming half of the defendant’s lottery winnings. In 2000 the court filed a judgment in favor of Klein’s client. The client died two months later, leaving his interest in the judgment to his daughter. In 2006 Klein reached a settlement agreement with the defendant and received a first payment of $51,650. He deposited the check into the client trust account, issued a check to the client’s daughter for $36,155, and withheld $15,495 for his fees. In May 2006 he received a second payment, but he placed a stop order on the second check he sent to the client’s daughter. By September 2007 the balance in the client trust account had fallen to $47.46. In aggravation, Klein committed multiple acts of misconduct that resulted in financial harm to a client. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Klein had no record of prior discipline. The order took effect November 24, 2011 Steven P. Nieto, State Bar #80474, (October 25, 2011). Nieto, 59, was disbarred after being found culpable of attorney misconduct in eight matters by failing to cooperate with eight State Bar investigations, failing to maintain client funds in trust, misappropriating client funds, failing to comply with conditions to a previous order of discipline, failing to competently perform legal services, failing to respond to client inquiries, failing to provide an accounting of client funds, failing to return unearned fees, failing to release a client file, and engaging in acts of moral turpitude, dishonesty, or corruption. In aggravation, Nieto had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing that caused harm to Nieto’s clients, the public, and the administration of justice. The order took effect November 24, 2011 Sara S. Ray, State Bar #140564, West Hills (October 19, 2011). Ray, 56, was disbarred for attorney misconduct in four client matters by failing to competently perform legal services, misrepresenting material facts to a client, failing to cooperate with four State Bar investigations, and engaging in acts of moral turpitude, dishonesty, or corruption. In December 2006 Ray filed a complaint in U.S. district court against a client’s employer, seeking retirement benefits. In August 2007, after Ray failed to appear for a status conference, the court issued an order to show cause as to why the case should not be dismissed. She failed to respond to the OSC, and the case was dismissed. In aggravation, Ray had a record of prior discipline, and the current matter involved multiple acts of wrongdoing. In mitigation, Ray cooperated with the State Bar during its investigation and proceedings. During the period of misconduct, she experienced extreme emotional stress that affected her practice. She voluntarily withdrew from practicing law in August 2010. The order took effect November 18, 2011 Kenneth B. Rodman, State Bar #72412, Woodland Hills (October 25, 2011). Rodman, 63, was disbarred after being found culpable of attorney misconduct in 17 client matters by failing to comply with a court order to pay sanctions, failing to comply with a court order to disgorge fees, failing to competently perform legal services, failing to keep a client informed about significant developments in the client’s case, failing to respond to client inquiries, failing to provide an accounting, failing to return unearned fees, failing to maintain client funds in trust, failing to obtain the informed written consent of three clients to represent them in the same matter where the clients’ interests were in potential conflict, failing to deposit advance fees into a client trust account, failing to return unused advance costs, misrepresenting material facts to a client and to a State Bar investigator, submitting a false claim for legal services, and engaging in acts of moral turpitude, dishonesty, or corruption. He was ordered to pay restitution of $7,275 to five clients. In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, during the period of misconduct Rodman experienced extreme personal and family problems. The order took effect November 24, 2011 Sandra J. Smith, State Bar #211060, Jacksonville, AK (October 19, 2011). Smith, 52, was disbarred for engaging in acts of moral turpitude, dishonesty, or corruption. In 2006 Smith was retained to assist a client in a probate matter. Smith filed a petition for letters of administration, and her client was appointed personal representative. An estate account was opened, into which her client deposited the estate funds. In 2007 Smith represented to her client that the probate court wanted the estate funds, totaling approximately $410,000, to be held in her client trust account. The funds were transferred to the client trust account; later, Smith returned $31,000 to the estate account. She willfully misappropriated $379,000. In aggravation, Smith’s misconduct significantly harmed her client. In mitigation, she cooperated with the State Bar’s investigations. The order took effect November 18, 2011 Christopher L. Turpin, State Bar #210177, Los Angeles (October 19, 2011). Turpin, 39, was disbarred for attorney misconduct in eight client matters by communicating with another party represented by counsel, threatening criminal prosecution to gain an advantage in a civil matter, failing to competently perform legal services, failing to respond to client inquiries, failing to keep clients informed about significant developments their cases, improperly withdrawing from representation, failing to comply with a court order, making multiple misrepresentations to a client, failing to release client files upon termination of employment, seeking to have a client withdraw a State Bar complaint against him, failing to cooperate with eight State Bar investigations, and engaging in acts of moral turpitude, dishonesty, or corruption. In aggravation, Turpin had a record of prior discipline. In the current matter, the misconduct involved 28 acts of wrongdoing in eight matters, which caused significant harm to his clients. The order took effect November 18, 2011 Actions From Previous Issues David I. Abrams, State Bar #133545, Encino (October 19, 2011). Abrams, 54, was disbarred for failing to maintain client funds in trust and engaging in acts of moral turpitude, dishonesty, or corruption. In October 2004 Abrams represented a client in a marital dissolution. The house owned by the client and her husband had been sold in July 2004 and the proceeds from the sale, $299,435, were deposited into a client trust account maintained by the client’s prior attorney. In April 2005 the court ordered the prior attorney to transfer the funds to Abrams’s client trust account and ordered Abrams to disburse $27,598 to the Los Angeles Department of Child Support Services by check made payable to the court trustee. The prior attorney sent the funds to Abrams and the funds were deposited into Abrams’s client trust account in June 2005. Between July 2005 and March 2006 Abrams misappropriated approximately $44,436 from the client trust account, failed to pay out funds belonging to the client and her former husband, and failed to maintain $271,974 in trust. In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Abrams had no record of prior discipline since being admitted to the bar in 1988. He cooperated with the State Bar during its investigation and proceedings. During the period of misconduct, he suffered from bipolar disorder, experienced extreme financial difficulties, and became alienated from his family and relatives due to his medical condition. Also, he presented evidence of his community service and volunteer work. The order took effect November 18, 2011 This action originally appeared in our May 2012 issue. Eric M. Borgerson, State Bar #177943, New Orleans, LA (September 20, 2011). Borgerson, 46, received a summary disbarment following his conviction for certain activities relating to material constituting or containing child pornography. The conviction is now final and the State Bar Court determined that it met the criteria for summary disbarment. The order took effect October 20, 2011 This action originally appeared in our May 2012 issue. Bryant K. Calloway, State Bar #140431, Foothill Ranch (August 10, 2011). Calloway, 49, was disbarred for failing to comply with conditions to a previous order of discipline and failing to comply with rule 9.20 of the Rules of Court. In January 2010 Calloway was suspended for two 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. Conditions to the suspension required Calloway 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 for his noncompliance. In aggravation, Calloway had a record of prior discipline, and the current misconduct involved multiple acts of wrongdoing. In mitigation, Calloway cooperated with the State Bar by entering into a stipulation and he testified to his record of community service. The order took effect September 9, 2011 This action originally appeared in our May 2012 issue. Harvey S. Doncey, State Bar #231170, El Cajon (September 28, 2011). Doncev, 34, was disbarred after being found culpable of attorney misconduct in four client matters by making misrepresentations of fact to clients, failing to maintain client funds in trust, misappropriating client funds, failing to promptly pay funds to a client, failing to competently perform legal services, entering into a business relationship with a client, failing to obtain a client’s informed written consent to a business relationship when there was a potential conflict of interest, failing to return unearned fees, engaging in the unauthorized practice of law, failing to maintain a current address with the State Bar, and engaging in acts of moral turpitude, dishonesty, or corruption. He was ordered to pay restitution of approximately $42,305 to three clients. In aggravation, the misconduct involved violating the client trust account and misappropriating funds, which harmed the administration of justice and clients. The order took effect October 28, 2011 This action originally appeared in our May 2012 issue. Marilyn K. Freeman, State Bar #119058, Sherman Oaks (September 20, 2011). Freeman, 59, received a summary disbarment following her convictions for violating Penal Code § 459, burglary, a felony involving moral turpitude; § 646.9(a), stalking; and § 653f(a), solicitation to commit kidnapping, a felony involving moral turpitude. In January 2005 Freeman was placed on interim suspension after being found culpable of misconduct for violating the above-mentioned Penal Code sections. Her conviction is now final, and the State Bar Court concluded that it met the criteria for summary disbarment. The order took effect October 20, 2011 This action originally appeared in our May 2012 issue. Fred J. Grossblatt, State Bar #82234, Portland, OR (October 19, 2011). Grossblatt, 58, received a summary disbarment following his conviction in Oregon for possession of a controlled substance, two counts of burglary, identity theft (all felonies); and theft, a misdemeanor. In March 2011 Grossblatt was placed on interim suspension following his conviction for violating Oregon Revised Statutes § 475.840(3)(b), possession of a controlled substance; § 164.225, burglary in the first degree; § 165.800, identity theft; and § 164.043, third-degree theft. The Review Department determined that the felony convictions met the criteria for summary disbarment. The order took effect November 18, 2011 This action originally appeared in our June 2012 issue. Michael C. Hall, State Bar #230319, Ogden, UT (September 12, 2011). Hall, 41, was disbarred for failing to comply with conditions to a previous order of discipline and failing to comply with rule 9.20 of the Rules of Court. In August 2010 Hall was suspended for six months and placed on one year of probation for misappropriating client funds, failing to maintain client funds in trust, failing to competently perform legal services, failing to keep a client reasonably informed about significant developments in the client’s case, failing to respond to reasonable client inquiries, failing to promptly return client papers and property upon termination of employment, improperly withdrawing from representation, and engaging in acts of moral turpitude, dishonesty, or corruption. Hall was ordered to comply with certain conditions to the discipline, but he failed to contact the State Bar probation department to arrange a meeting, failed to file an affidavit of compliance with rule 9.20 within 40 days, and provided no explanation to the State Bar for his noncompliance. In aggravation, Hall had a record of prior discipline, the underlying matter. In the current discipline he engaged in multiple acts of wrongdoing and demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. The order took effect October 14, 2011 This action originally appeared in our May 2012 issue. Quincy N. Hoang, State Bar #219421, San Jose (September 14, 2011). Hoang, 40, was disbarred for failing to comply with rule 9.20 of the Rules of Court. In February 2008 Hoang was suspended for 75 days and until he made restitution of $1,405 to one client, and until the State Bar Court terminated the suspension. He was disciplined for failing to competently perform legal services, failing to promptly respond to client inquiries, failing to keep a client informed about significant developments in the client’s case, and failing to return unearned fees. Conditions to the discipline 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 for his noncompliance. In aggravation, Hoang had a record of prior discipline. The order took effect October 14, 2011 This action originally appeared in our May 2012 issue. Erin H. Humphries, State Bar #110669, Anaheim (October 19, 2011). Humphries, 67, was disbarred for failing to comply with rule 9.20 of the Rules of Court. In February 2010 Humphries was suspended for 30 days and was to have remained suspended until the State Bar Court granted a motion terminating the suspension. She was disciplined for engaging in the unauthorized practice of law, communicating with a represented party, and engaging in acts of moral turpitude, dishonesty, or corruption. Conditions to the discipline required Humphries 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 aggravation, Humphries had a record of prior discipline, the underlying matter. In the current discipline, 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 November 18, 2011 This action originally appeared in our June 2012 issue. Michael H. Inman, State Bar #160042, Los Angeles (August 10, 2011). Inman, 49, was disbarred for attorney misconduct in ten matters by failing to maintain client funds in trust, depositing personal funds into the client trust account, commingling funds, issuing client trust account checks to pay for personal expenses, making material misrepresentations to the State Bar, issuing client trust account checks against insufficient funds, failing to appear for a debtors’ examination, and engaging in acts of moral turpitude, dishonesty, or corruption. In aggravation, Inman had a record of prior discipline, and the current matter involved multiple acts of wrongdoing that demonstrated a pattern of misconduct. In mitigation, in late 2009 he joined the Lawyer Assistance Program seeking help with his substance abuse issues. He voluntarily took inactive status and entered into a stipulation with the State Bar. The order took effect September 9, 2011 This action originally appeared in our May 2012 issue.