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DISBARMENT
Frank M. Ennix, III,
State Bar #40459, Oakland (January 24
In aggravation, Ennix had a record of prior discipline. He engaged in multiple acts of wrongdoing that demonstrated a pattern of misconduct. In mitigation, Ennix cooperated with the State Bar during its investigation and proceedings.
The order took effect February 23
Armen E. Gekchyan,
State Bar #220324, Glendale (January 24
In April 2011 Gekchyan pleaded guilty to violating the above code sections. The conviction is now final, and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect February 23
Richard Hamm,
State Bar #61401, San Jose (January 24
In aggravation, Hamm had a record of prior discipline. Also, he engaged in multiple acts of wrongdoing. In mitigation, Hamm displayed remorse, and his misconduct did not harm clients. Further, he actively participated in the Lawyer Assistance Program.
The order took effect February 23
Robert Y. Lee,
State Bar #213848, Los Angeles (January 10
In aggravation, Lee had a record of prior discipline and his wrongdoing caused serious harm to a client. In mitigation, Lee stipulated to the facts, his culpability, and his discipline.
The order took effect February 9
Barry L. McCown,
State Bar #89603, Bakersfield (January 10
In aggravation, McCown had a record of prior discipline. His misconduct involved trust fund violations, and it caused significant harm to the client, the public, or the administration of justice. In mitigation, McCown acted in good faith. During the period of his misconduct he experienced serious medical problems.
The order took effect February 9
Steven T. Mendelsohn,
State Bar #99952, San Francisco (January 30
In aggravation, Mendelsohn’s misconduct caused significant harm to his clients. In mitigation, Mendelsohn had no record of prior discipline since being admitted to the bar in 1981. He cooperated with the State Bar’s investigation and proceedings, and he displayed remorse for his conduct. During the period of his misconduct he experienced emotional and physical difficulties. Though the State Bar did not seek disbarment, Mendelsohn stipulated to disbarment to resolve the matter because he was no longer physically or mentally able to practice law.
The order took effect February 29
Philip E. Myers,
State Bar #77543, Pasadena (January 12
In aggravation, Myers engaged in multiple acts of misconduct. His wrongdoing significantly harmed the beneficiaries of the trust, and he failed to participate in the State Bar’s investigation and proceedings. In mitigation, Myers had no record of prior discipline since being admitted to the State Bar in 1977.
The order took effect February 11
James W. Nelsen,
State Bar #74830, Salinas (January 24
In aggravation, Nelsen’s misconduct caused significant harm to his client and was surrounded by bad faith and overreaching. He displayed indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Nelsen had no record of prior discipline since being admitted to the bar in 1977.
The order took effect February 23
James R. Patterson,
State Bar #171580, San Diego (January 5
In aggravation, Patterson’s misconduct involved multiple acts of wrongdoing that caused significant harm to clients, and he failed to participate in the State Bar’s investigation and proceedings.
The order took effect February 4
Joseph E. Rowland,
State Bar #147636, Santa Ana (January 30
In aggravation, Rowland had a record of prior discipline, and his misconduct significantly harmed a client. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect February 29
Alexander F. Sun,
State Bar #149437, Arcadia (January 11
In November 2009 Sun was placed on interim suspension after being found culpable of violating the above-mentioned Penal Code sections. His conviction is now final, and the State Bar Court concluded that it met the criteria for summary disbarment.
The order took effect February 10 Actions From Previous Issues
James W. Bravos,
State Bar #138097, San Diego (December 28
In aggravation, Bravos had a record of prior discipline, and he engaged in multiple acts of wrongdoing that caused serious harm to his clients. He also failed to participate in the disciplinary proceedings.
The order took effect January 27
Christian M. Dillon,
State Bar #89376, Dana Point (November 30
Between October 2008 and August 2009 eight California clients retained Dillon to help negotiate home loan modifications. The clients each paid Dillon between $1,500 and $3,495 in legal fees. Dillon, however, failed to negotiate and obtain loan modifications, and he performed no other legal services of value. He failed to respond to reasonable client inquiries regarding the status of their matters. During the same period of misconduct Dillon also represented clients from Hawaii, Tennessee, and New York for legal help regarding their loan modifications. The clients each paid Dillon between $2,500 and $3,950 in advance fees, notwithstanding the fact that he was not licensed to practice law in those states. In August 2009 Dillon resigned from the State Bar, thereby terminating his employment with his clients. Dillon’s phone lines were disconnected, and his clients were unable to contact him. To date Dillon had not refunded unearned legal fees paid by his loan modification clients.
In aggravation, Dillon had a record of prior discipline. His wrongdoing involved 14 matters that caused significant harm to clients and demonstrated a pattern of misconduct. In mitigation, Dillon cooperated with the State Bar during its investigation and proceedings.
The order took effect December 30
Juan M. Falcon,
State Bar #177400, Fresno (December 12
In October 2009 Falcon was suspended from practice for one year. Conditions to the discipline required Falcon to notify clients of his suspension within 30 days and file an affidavit of compliance within 40 days. He failed to timely comply with the conditions.
In aggravation, Falcon had a record of prior discipline. In mitigation, several witnesses detailed Falcon’s good character.
The order took effect January 11
Wayne M. Fong,
State Bar #158172, San Francisco (December 28
In aggravation, Fong engaged in multiple acts of wrongdoing that caused serious harm to his employer. In mitigation, Fong had no record of prior discipline since being admitted to the State Bar in 1992. During the time of the misconduct he had a gambling disorder. Once he was confronted, Fong acknowledged and took responsibility for his misconduct.
The order took effect January 27
Craig D. Foster,
State Bar #179488, Haleiwa, HI (January 5
Foster generally worked alone during therapy sessions, which lasted one to two hours at a time. Foster had sexual liaisons with drug-dependent patients, to whom he supplied medications. Dentists are prohibited from engaging in sexual relations with patients, unless the patient is the dentist’s spouse or is in a domestic relationship with the dentist. Foster’s misconduct violated state and federal laws. In June 2001 his dental license was revoked due to his misconduct. A superior court affirmed the revocation of his dental license in 2009.
In aggravation, Foster had a record of prior discipline, and he lacked insight into his wrongdoing. In mitigation, seven persons attested to his good character.
The order took effect February 4
Samuel L. Hart,
State Bar #66135, West Hills (January 10
In aggravation, Hart had a record of prior discipline. Also, his misconduct involved wrongdoing in two client matters. In mitigation, Hart cooperated with the State Bar’s investigation and proceedings.
The order took effect February 9
Susan L. Hornsby,
State Bar #216920, Alto, TX (December 28
In 2010 Hornsby was publicly reproved in connection with a no contest plea to a misdemeanor violation of driving under the influence of alcohol. That same year she again pleaded no contest to misdemeanor DUI violations, driving while her license was suspended under a prior DUI conviction, and operating a vehicle without a functioning interlock device. Hornsby’s State Bar discipline required her to comply with various conditions. She failed to timely comply, failed to attend eight self-help meetings, failed to provide lab-screening reports to the Office of Probation, and failed to update her membership records until June 2011.
In aggravation, Hornsby had a record of prior discipline, and she engaged in multiple acts of wrongdoing that demonstrated a pattern of misconduct. Also, she failed to cooperate during the State Bar’s investigation and proceedings.
The order took effect January 27
Tanmay P. Mistry,
State Bar #251425, Hacienda Heights (January 12
In late 2008 Mistry was affiliated with a loan modification business owned and operated by persons not licensed to practice law in California. Police officers investigating the business contacted Mistry because it appeared to be operating under his name. Mistry denied knowing about the business and claimed he was the victim of identity theft. He told the State Bar the business had used his name without his permission. In fact, Mistry had a business agreement with the operation to receive $4,000 a month in exchange for authorizing it to use his name, law license, letterhead, signature, and retainer agreements. In addition, the loan modification business filed fraudulent grant deeds and bankruptcy petitions on behalf of clients without their knowledge or consent. Mistry knew of these practices, but did nothing to stop them. In one of eight client matters, in May 2009 two clients hired Mistry through the loan modification business to represent them. They paid the business $2,995 in advance fees. Mistry failed to contact the clients’ lender, and he did not comply when the clients requested a refund.
In aggravation, Mistry’s wrongdoing significantly harmed his clients, the public, or the administration of justice. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Mistry had no record of prior discipline since being admitted to the State Bar in 2007. During the period of his misconduct he experienced extreme emotional difficulties due to substance abuse and mental health problems.
The order took effect February 11
Lucinda K. Moreno,
State Bar #136850, El Monte (December 13
In 1993 Moreno was appointed a successor trustee of a family trust and agreed to serve without pay. The trust had been created by Moreno’s relative for the benefit of the relative’s family members, who were all disabled. Thereafter, Moreno caused the decedent’s wife to sign a grant deed conveying title to the family home out of the trust. She did this by concealing the true nature, contents, and effect of the document. Soon after, a $75,000 loan was issued under the wife’s name without her consent. Moreno deposited the net proceeds of the loan into the trust bank account and later engaged in several other fraudulent transactions. From December 2003 to May 2009 Moreno withdrew at least $113,048 from the trust account for her personal use. Because the wife was unaware she owed mortgage payments, her house went into foreclosure in January 2010.
In aggravation, Moreno had a record of prior discipline. Further, she committed multiple acts of misconduct that caused serious harm to the trustor and trust beneficiaries. In mitigation, Moreno cooperated during the State Bar’s investigation and proceedings.
The order took effect January 12
Jon M. Smith,
State Bar #166458, La Palma (December 12
In aggravation, Smith had a record of prior discipline. He committed multiple acts of wrongdoing that significantly harmed a client, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In addition, he failed to participate in the State Bar’s investigation and proceedings.
The order took effect January 11 |
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