DISBARMENT
Ryan C. Aulis,
State Bar #257276, San Diego (November 28 , 2011).
Aulis, 31, was disbarred after being convicted of a felony involving moral turpitude.
In February 2011 Aulis pleaded guilty to violating Penal Code § 470(d), forgery. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect December 28, 2011
Gustav G. Bujkovsky,
State Bar #47528, Escondido (November 28 , 2011).
Bujkovsky, 69, was disbarred after being convicted of a felony involving moral turpitude.
In August 2010 Bujkovsky pleaded guilty to obstruction of justice, 18 U.S.C. § 1505, a felony. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect December 28, 2011
Carlos E. Castaneda,
State Bar #140786, San Diego (November 28 , 2011).
Castaneda, 55, was disbarred for failing to comply with a previous order of discipline.
In November 2009 Castaneda was placed on three years of probation related to prior charges. Thereafter, he failed to comply with conditions to his probation.
In aggravation, Castaneda had a record of prior discipline.
The order took effect December 2, 2011
Cheryl Chambers,
State Bar #189577, Oakland (November 2 , 2011).
Chambers, 52, was disbarred for engaging in acts involving moral turpitude.
In 2001 Chambers was hired by husband-and-wife clients to draft a living trust. When the husband died, the trust became irrevocable and the wife was placed in an assisted living facility.
Chambers was asked to handle the renovation and sale of the remaining client’s home. In September 2006 the home was sold for $1.22 million. Chambers used the proceeds to pay for the client’s care until her death in August 2008. However, she also made numerous withdrawals from the funds for her own use and benefit. In total, Chambers misappropriated $800,000.
In aggravation, Chambers’s misconduct was surrounded by bad faith and dishonesty. Her misconduct caused significant harm to the beneficiaries of her clients’ trust. In mitigation, Chambers had no record of discipline since being admitted to the bar in 1997. She cooperated with the State Bar during its investigation and proceedings and displayed remorse for her misconduct.
The order took effect December 2, 2011
Sylvia P. Colon-Vasquez,
State Bar #170766, Turlock (November 17 , 2011).
Colon-Vasquez, 49, was disbarred after being convicted of felonies involving moral turpitude.
In March 2011 Colon-Vasquez pleaded nolo contendere to four counts of violating Penal Code § 487(a), grand theft. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect December 17, 2011
Steven R. Davis,
State Bar #182231, Modesto (November 2 , 2011).
Davis, 50, was disbarred for failing to maintain client funds in trust and disobeying a court order.
In aggravation, Davis had a record of prior discipline. Also, he engaged in multiple acts of misconduct. In mitigation, Davis cooperated with the State Bar by entering into a stipulation.
The order took effect December 2, 2011
Thomas A. Hawbaker,
State Bar #140654, Omaha, NE (November 9 , 2011).
Hawbaker, 54, was disbarred for failing to maintain client funds in trust, failing to account for client funds, misappropriating funds, and engaging in acts of moral turpitude.
In aggravation, Hawbaker engaged in multiple acts of wrongdoing that involved the client trust account. His misconduct significantly harmed his client. Further, he failed to demonstrate remorse for his wrongdoing. In mitigation, Hawbaker had no record of prior discipline since being admitted to the bar in 1989.
The order took effect December 9, 2011
Bruce E. Karatz,
State Bar #48088, Los Angeles (November 30 , 2011).
Karatz, 66, was disbarred following his conviction for a felony involving moral turpitude.
In April 2010 Karatz was found guilty of violating 18 U.S.C. § 1341, mail fraud, and for making false statements in a quarterly report filed with the Securities and Exchange Commission. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
In aggravation, Karatz’s offense involves moral turpitude.
The order took effect December 30, 2011
Michael S. Kucsan,
State Bar #187828, Atlanta, GA (November 28 , 2011).
Kucsan, 41, was disbarred following his conviction for stalking, a felony, making telephone calls with the intent to annoy, a misdemeanor, and engaging in acts of moral turpitude.
From 2005 through 2008, Kucsan deliberately harassed a female employee of the Riverside County Superior Court. He routinely telephoned the victim and would hang up without saying a word. This continued after the victim was transferred to other courthouses. In one incident, Kucsan made racist comments to the victim. A wiretap was installed in the fall of 2008, which revealed that Kucsan had made the calls. He eventually confessed.
In February 2009 Kucsan pleaded guilty to one count of stalking with a hate crime enhancement, and one count of making telephone calls with the intent to annoy or harass. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
In aggravation, Kucsan deliberately lied to investigators, and he displayed indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect December 28, 2011
Shelli J. Lewis-Gonzales,
State Bar #170161, Riverside (November 28 , 2011).
Lewis-Gonzales, 47, was disbarred after being convicted of a felony involving moral turpitude.
In January 2011 Lewis-Gonzales pleaded guilty to grand theft, a felony. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment. The order took effect December 28, 2011.
Richard Anthony Mata, State Bar # 162513, Temecula (November 28). Mata, 55, was disbarred for failing to competently perform legal services, failing to promptly respond to reasonable status inquiries, failing to provide an accounting, and failing to promptly refund unearned fees.
In September 2009 a client hired Mata to provide her with loan modification services. Mata charged $1,595 in fees. In the month that followed the client repeatedly phoned Mata, but no one was available to speak with her. In late October 2009 one of Mata’s employees informed the client by email that Mata’s office had closed and his whereabouts were unknown. Mata did not give his client prior notice, submit a loan modification on her behalf, provide an accounting, or refund any portion of the advance fees. Other clients were similarly affected when Mata ceased providing legal services.
In aggravation, Mata’s clients were seriously harmed by his misconduct. Mata failed to respond to State Bar investigators in seven client matters, and he failed to participate in the State Bar’s investigation and proceedings.
The order took effect December 28, 2011
Glenn D. Nelson,
State Bar #74832, Bakersfield (November 2 , 2011).
Nelson, 61, was disbarred for failing to comply with conditions to a previous order of discipline, and for misrepresenting to the State Bar that he was in compliance.
In aggravation, Nelson had a record of prior discipline. Also, he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect December 2, 2011
Philip N. Officer,
State Bar #47031, Apple Valley (November 2 , 2011).
Officer, 73, was disbarred for failing to maintain client funds in trust, misappropriating funds, misrepresenting facts to the court, disobeying court orders, and engaging in acts of moral turpitude, dishonesty, or corruption.
In 2006 Officer represented a client in marital dissolution proceedings. The parties stipulated that Officer was to deposit proceeds from the sale of the client’s family home into his client trust account, disburse $10,000 to each party, and hold the remaining sum pending disposition by the court.
Thereafter, Officer received three checks totaling $184,255, which he deposited into the client trust account. After disbursing $41,000 to his client, $46,000 to her husband, and $4,800 to himself in fees, Officer was required to maintain $92,128 in the account. By May 2008 all the money had been withdrawn. In March 2009 Officer told the court he had maintained the funds in another account. The court ordered Officer to provide proof, but he failed to do so.
In aggravation, Officer failed to cooperate with the State Bar during its investigation and proceedings.
The order took effect December 2, 2011
Barry M. Orlyn,
State Bar #37228, Los Angeles (November 17, 2011).
Orlyn, 76, was disbarred for failing to comply with rule 9.20 of the Rules of Court.
In March 2010 Orlyn was suspended for two years and placed on three years of probation for misappropriating client funds. Conditions to the discipline required him to notify clients and opposing counsel of the suspension within 30 days and to file an affidavit of compliance within 40 days. He failed to timely file the affidavit.
In aggravation, Orlyn had a record of prior discipline.
The order took effect December 17, 2011
Terrell W. Proctor,
State Bar #206555, Downey (November 9 , 2011).
Proctor, 41, was disbarred for aiding persons in the unauthorized practice of law, failing to competently perform legal services, and failing to refund unearned fees.
In April 2010 an attorney and his office manager hired Proctor to make appearances and help with client management at the attorney’s office. The attorney ceased operating the law firm the following July, and Proctor became the attorney of record.
In one of six consolidated matters, a client met with the office manager in November 2010 and signed retainer agreements to obtain loan modifications on three properties. The firm’s accountant signed the agreements on behalf of the company. When the client expressed discomfort that a nonattorney was signing the retainer agreements, Proctor initialed them and assured her that he was the attorney of record.
In December 2010 and January 2011 the client received foreclosure notices on all three properties. Proctor told her he would file a lawsuit that would stop the foreclosures, but he failed to do so. On the day before one of her properties was to be sold, Proctor told the client he would file a bankruptcy petition on her behalf to prevent the foreclosure sale, but he requested additional fees to do so. Two of the properties were sold shortly thereafter. The client requested the return of unearned fees, but Proctor failed to provide a refund.
In mitigation, Proctor had no record of prior discipline since being admitted to the bar in 2000. He demonstrated remorse for his misconduct, but he was unable to reimburse clients. Also, Proctor cooperated with the State Bar during its investigation and proceedings.
The order took effect December 9, 2011
Mark I. Rose,
State Bar #62557, Beverly Hills (November 28 , 2011).
Rose, 62, was disbarred for failing to maintain client funds in trust, misappropriating funds, failing to pay funds to clients and medical providers that they were entitled to receive, failing to competently perform legal services, failing to promptly respond to a client’s reasonable status inquiries, and engaging in acts involving moral turpitude, dishonesty, or corruption.
In aggravation, Rose had a record of prior discipline. His actions caused significant harm to a client and showed a pattern of misconduct. In mitigation, Rose cooperated with the State Bar during its investigation and proceedings. During the period of his misconduct he experienced personal and financial problems.
The order took effect December 28, 2011
Yefim M. Shlionsky,
State Bar #237892, Los Angeles (November 9 , 2011).
Shlionsky, 33, was disbarred for violating rule 9.20 of the Rules of Court.
In April 2010 Shlionsky was suspended for one year and placed on three years of probation. Conditions to the discipline required him to make restitution, and to notify clients and opposing counsel of his suspension within 30 days and file an affidavit of compliance within 40 days. He failed to comply with the conditions.
In aggravation, Shlionsky had a record of prior discipline, and he demonstrated indifference toward rectification of or atonement for his misconduct. Also, he failed to cooperate with the State Bar during its investigation and proceedings.
The order took effect December 9, 2011
Russell H. Takasugi,
State Bar #118792, Simi Valley (November 2 , 2011).
Takasugi, 57, was disbarred for engaging in the unauthorized practice of law.
In July 2009 Takasugi, while suspended from practice, appeared for a hearing on behalf of clients. Later that month he appeared on behalf of another client, and for trial on behalf of a third client. None of the clients was prejudiced by the court appearances.
In aggravation, Takasugi had a record of prior discipline. In mitigation, he reported his unauthorized practice to the State Bar’s Probation Unit. He acted in good faith, misunderstanding the duration of his suspension.
The order took effect December 2, 2011
Mathew P. Wattoff,
State Bar #158442, Hyde Park, NY (November 28 , 2011).
Wattoff, 52, was disbarred for misappropriating funds and engaging in acts of moral turpitude, dishonesty, or corruption.
Around 2006 and 2007 Wattoff provided tax-consulting services in Colorado through a consulting company he formed in July 2004. Wattoff was not licensed to practice law in Colorado, and the company was not a law firm.
In 2006 a client retained Wattoff for legal advice and representation concerning federal tax matters. The client’s company was later incorporated pursuant to Wattoff’s advice. In 2007 the new company sold its assets to a buyer, who delivered funds to Wattoff for deposit into an escrow account. Instead, Wattoff deposited the funds into a bank account he maintained in the name of his consulting firm. Wattoff misappropriated $108,120.
In aggravation, the misconduct significantly harmed a client. In mitigation, Wattoff had no record of prior discipline since he was admitted to the bar in 1992. Also, he cooperated with the State Bar during its investigation and proceedings.
The order took effect December 28, 2011
Benjamin T. Woun Lee,
State Bar #169034, Torrance (November 9 , 2011).
Lee, 46, was disbarred for failing to competently perform legal services, failing to promptly respond to a client’s reasonable status inquiries, failing to provide an accounting, failing to refund unearned fees, failing to release a client’s file, and engaging in acts involving moral turpitude, dishonesty, or corruption.
In aggravation, Lee had a record of prior discipline, and his misconduct resulted in significant harm to his client. Also, he failed to cooperate with the State Bar during its investigation and proceedings.
The order took effect December 9, 2011
Actions From Previous Issues
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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
This action originally appeared in our July 2012 issue.
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