MAGAZINE
California Lawyer

DISBARMENT

Felicia F. Blakley, State Bar #139374, San Diego (November 13, 2013). Blakley, 52, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so, and failing to comply with rule 9.20 of the California Rules of Court. The order took effect December 13, 2013
William H. Bullis, State Bar #99160, Vallejo (October 29, 2013). Bullis, 59, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He was charged with failing to competently perform legal services, failing to respond to client inquiries, failing to render appropriate accounts, failing to release a client’s file, failing to refund unearned fees, improperly withdrawing from employment, and failing to obey a court order. The order took effect November 28, 2013
Michael D. Crockett, State Bar #228124, Hermosa Beach (October 29, 2013). Crockett, 41, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so, and failing to comply with rule 9.20 of the California Rules of Court. The order took effect November 28, 2013
Patricia M. Cullen, State Bar #202477, Acton (December 20, 2013). Cullen, 70, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so, and failing to comply with rule 9.20 of the California Rules of Court. The order took effect January 10, 2014
Fabrice J. Desbrosses, State Bar #175640, La Mesa (November 13, 2013). Desbrosses, 48, was disbarred for violating rule 9.20 of the California Rules of Court.

In aggravation, Desbrosses had a record of prior discipline. In mitigation, Desbrosses cooperated with the State Bar by entering into a stipulation. The order took effect December 13, 2013

Gustavo Diaz, State Bar #225402, Lancaster (October 29, 2013). Diaz, 45, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He was charged with failing to obey a court order, failing to competently perform legal services, and failing to cooperate with a State Bar investigation. The order took effect November 28, 2013
J. Randy Dorcy, State Bar #170620, Costa Mesa (November 20, 2013). Dorcy, 50, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He was charged with 16 counts of misconduct in five separate matters. The charges included failing to competently perform legal services, accepting advance fees in loan-modification matters, a violation of Civil Code § 2944.7(a); failing to respond to client inquiries; improperly withdrawing from employment; failing to refund unearned fees; failing to cooperate with a State Bar investigation; and failing to comply with conditions to a previous order of discipline. The order took effect December 20, 2013
John E. Engel, State Bar #153043, Carlsbad (December 11, 2013). Engel, 57, was disbarred for failing to maintain client funds in trust and misappropriating funds.

In aggravation, Engel’s misconduct caused his client significant financial hardship. In mitigation, Engel had no record of prior discipline since being admitted to the State Bar in 1991. Also, he cooperated with the State Bar by entering into a stipulation. The order took effect January 10, 2014

Jana L. Gill, State Bar #248948, Truckee (October 29, 2013). Gill, 51, was disbarred for misappropriating client trust funds, an act involving moral turpitude, dishonestly, or corruption.

Beginning in April 2006, Gill served as trustee for the Nevis Family Trust. However, while serving as trustee Gill repeatedly disbursed funds to herself without authorization, as well as to her husband and to third parties, all for her own benefit.

In August 2010 Gill entered into a settlement agreement with the Nevis Family Trust regarding her misuse of trust funds. However, after two months of making payments, Gill stopped. In July 2011 a trial court entered a civil judgment of $101,566.74 against Gill.

In aggravation, Gill’s misconduct significantly harmed her client. She committed multiple acts of wrongdoing, and showed indifference toward rectification of or atonement for her misconduct. The order took effect November 28, 2013

John S. Haw, State Bar #194869, Aliso Viejo (December 18, 2013). Haw, 53, was disbarred following his conviction of a felony involving moral turpitude, dishonesty, or corruption.

In May 2013 Haw pleaded guilty to two counts of mail fraud involving deprivation of honest services (18 U.S.C. §§ 1341/1346), felonies involving moral turpitude. The conviction is now final, and the State Bar has concluded that it met the criteria for summary disbarment. The order took effect January 17, 2014

Raymond G. Hellwig, State Bar #100897, Alhambra (December 18, 2013). Hellwig, 62, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He was charged with failing to competently perform legal services, failing to maintain client funds in trust, misappropriating funds, issuing checks against insufficient funds, making misrepresentations, and failing to comply with conditions to a previous order of discipline. The order took effect January 17, 2014
Karen S. Hull, State Bar #176063, San Francisco (October 29, 2013). Hull, 55, was disbarred for failing to maintain client funds in trust and committing acts involving moral turpitude.

In aggravation, Hull’s misconduct significantly harmed her client. In mitigation, Hull had no record of prior discipline since being admitted to the State Bar in 1995. Also, she cooperated by entering into a stipulation. The order took effect November 28, 2013

David H. Loomis, State Bar #110940, Victorville (December 9, 2013). Loomis, 64, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Loomis had been charged with violating rule 9.20 of the California Rules of Court.

In aggravation, Loomis had a record of prior discipline. The order took effect January 8, 2014

Gary R. Matta, State Bar #230483, Carmichael (October 29, 2013). Matta, 42, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Matta had been charged with 21 counts of misconduct that included failing to communicate with a client, failing to inform the client of significant developments in his case, failing to return unearned fees, failing to release a client file, and failing to update State Bar membership records. The order took effect November 28, 2013
John A. Morrison, State Bar #202706, Seal Beach (December 9, 2013). Morrison, 44, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Morrison had been charged with violating rule 9.20 of the California Rules of Court.

In aggravation, Morrison had a record of prior discipline. The order took effect January 8, 2014

Brad D. Porterfield, State Bar #134060, Brea (December 9, 2013). Porterfield, 52, was disbarred for failing to maintain client funds in trust, failing to notify a client of the receipt of client funds, failing to render appropriate accounts, failing to promptly pay client funds, and committing acts involving moral turpitude. There were three other matters involving similar misconduct warranting discipline.

In aggravation, Porterfield’s misconduct seriously harmed his clients. Also, he engaged in multiple acts of wrongdoing, and he demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, Porterfield had no record of prior discipline since being admitted to the State Bar in 1988. Also, he cooperated by entering into a stipulation. The order took effect January 8, 2014

Kenneth L. Rosen, State Bar #128279, Seagoville, TX (October 29, 2013). Rosen, 66, was disbarred following his felony conviction for possession of child pornography.

Prior to July 2009 Rosen used his computer to search for child pornography and used peer-to-peer file-sharing software to download and collect child pornography. The files were made available to others via the same software.

In May 2009 FBI agents downloaded child pornography from Rosen’s computer using the software. In July 2009 the FBI lawfully executed a warrant to search Rosen’ home. The search revealed more than 3,000 images and videos of child pornography.

In September 2011 Rosen was convicted of violating 18 U.S.C. § 2252A(a)(5)(B) and § 2252A(b)(2) (possession of child pornography), a felony. The conviction is now final and the State Bar has concluded that it met the criteria for summary disbarment. In mitigation, Rosen had no record of prior discipline since being admitted to the State Bar in 1987. Also, he cooperated by entering into a stipulation. The order took effect November 28, 2013

Leslie C. Rountree, II, State Bar #51477, Fresno (December 3, 2013). Rountree, 70, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He was charged with failing to competently perform legal services, sharing legal fees with a nonlawyer, failing to maintain client funds in trust, commingling funds, failing to return unearned fees, and engaging in acts of moral turpitude. The order took effect January 2, 2014
Ruben F. Sanchez, State Bar #118309, Santo Domingo, (October 29, 2013). Sanchez, 57, was disbarred for failing to comply with conditions to two previous orders of discipline.

In aggravation, Sanchez had a record of prior discipline. He committed multiple acts of wrongdoing and demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, Sanchez cooperated with the State Bar by entering into a stipulation. The order took effect November 28, 2013

Lisa L. Schultz, State Bar #182098, La Palma (October 29, 2013). Schultz, 50, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. In two client matters she was charged with failing to competently perform legal services, failing to render appropriate accounts, failing to refund unearned fees, and failing to cooperate with a State Bar investigation. The order took effect November 28, 2013
James W. Stephens, State Bar #193672, San Diego (December 9, 2013). Stephens, 54, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Stephens was charged with failing to comply with rule 9.20 of the California Rules of Court. The order took effect January 8, 2014
John W. Villines, State Bar #193672, Modesto (October 29, 2013). Villines, 41, was disbarred for failing to comply with rule 9.20 of the California Rules of Court.

In aggravation, Villines had a record of prior discipline. Also, he demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, Villines presented testimony from 18 individuals who testified to his good character. The order took effect November 28, 2013

Jennifer Y. Williams, State Bar #242146, Long Beach (October 29, 2013). Williams, 32, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. She was charged with four counts of failing to cooperate with a disciplinary investigation.

In aggravation, Williams had a record of prior discipline.

Actions From Previous Issues

Mark S. Brown, State Bar #225511, Los Alamitos (October 2, 2013). Brown, 48, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Brown was charged with 13 counts of misconduct that included failing to competently perform legal services, failing to communicate with a client, improperly withdrawing from employment, failing to render appropriate accounts, and failing to return client papers. The order took effect November 1, 2013

This action originally appeared in our March 2014 issue.
Diane B. Carey, State Bar #171543, Los Angeles (September 19, 2013). Carey, 54, was disbarred for failing to maintain client funds in trust, commingling funds, failing to report judicial sanctions, failing to obey court orders, and engaging in acts involving moral turpitude.

Carey maintained a client trust account (CTA) at one bank and a general operating account at another. To generate short-term funds for her own use, Carey would write checks on her general operating account—usually against insufficient funds—and deposit those funds into her CTA. She would then use the bank’s courtesy policy to withdraw cash from the CTA before the bank realized the deposited check had bounced. The process involved commingling that amounted to misappropriation, and Carey used it numerous times. Once, when one of her clients was ordered to pay $4,600 in sanctions, Carey paid the sum from her personal funds because she had failed to maintain the required amount in her CTA.

In a second matter, in January 2012 Carey became the attorney of record for a client in a marital dissolution proceeding. However, she failed to appear at a hearing, and the court ordered her to pay sanctions. She failed to do so, and she also failed to report the sanctions to the State Bar.

In aggravation, Carey had a record of prior discipline. Also, she committed multiple acts of wrongdoing that harmed her clients. In mitigation, Carey cooperated with the State Bar by entering into a stipulation, repaid all the misappropriated funds, and presented witnesses who testified to her good character. The order took effect October 19, 2013

This action originally appeared in our March 2014 issue.

Ulysses L. Cook, Jr., State Bar #68779, Los Angeles (September 19, 2013). Cook, 67, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He had been charged with failing to comply with conditions to a previous order of discipline.

In aggravation, Cook had a record of prior discipline. The order took effect October 19, 2013

This action originally appeared in our March 2014 issue.

Jon A. Divens, State Bar #145549, Beverly Hills (September 26, 2013). Divens, 58, was disbarred for committing acts involving moral turpitude.

In 2009 Divens was hired as an escrow agent to hold a collateralized mortgage obligation (CMO) sold for $60 million by Betts and Gambles Investments Inc. (B&G) to Up Right Holdings LLC (URH). Though the parties lacked a formal escrow agreement, B&G transferred the investment vehicle to Divens’s business services account. Divens claimed he was later approached by the principal of URH and told to place the CMO in a trading program, investing its assets to generate profits.

When URH failed to obtain financing to complete the purchase, B&G demanded that Divens return the CMO, contending that it never consented to investing the funds. When Divens refused, B&G filed a civil fraud action against him and obtained a judgment for $60 million.

Divens then began surreptitiously transferring the CMO in an effort to keep B&G from locating it. During this time, Divens obtained monthly interest from the assets totaling about $250,000, which he used for his personal benefit. In 2010 a district court ordered that the CMO be transferred back to B&G, and found that the interest generated by the investments rightfully belonged to B&G. Divens appealed the decision, which was later affirmed by the Ninth Circuit.

In aggravation, Divens committed multiple acts of wrongdoing that harmed his clients. He also demonstrated a lack of recognition of his misconduct. In mitigation, Divens had no record of prior discipline since being admitted to the State Bar in 1990. The order took effect October 26, 2013

This action originally appeared in our March 2014 issue.

Aaron M. Ellis, State Bar #248862, Whittier (September 25, 2013). Ellis, 33, was disbarred for failing to competently perform legal services, failing to take steps to avoid reasonably foreseeable prejudice to his client after termination of employment, failing to render appropriate accounts, making false representations, failing to notify opposing counsel that he was not entitled to practice law, and committing an act involving moral turpitude, dishonesty, or corruption.

In 2010 a client hired Ellis to represent him in an uncontested marital dissolution, paying Ellis $2,100 in advance fees and $400 in filing fees. Ellis filed the needed documents, but the court eventually returned them due to certain deficiencies. Ellis told his client that he had corrected the deficiencies, when he had not. He subsequently closed his law office without completing the divorce matter. His client requested an accounting, but Ellis failed to provide one.

In 2012 Ellis was suspended from the practice of law. During his suspension, he represented a client in another marital dissolution. He did not inform opposing counsel that he had been suspended and was not entitled to practice law. Moreover, he submitted a declaration under penalty of perjury that he had complied with rule 9.20 of the California Rules of Court, when he knew he had not done so.

In aggravation, Ellis had a record of prior discipline, and he engaged in multiple acts of wrongdoing that harmed his clients. In mitigation, Ellis cooperated with the State Bar by entering into a stipulation. The order took effect October 25, 2013

This action originally appeared in our March 2014 issue.

Gregory S. Emerson, State Bar #205053, Studio City (September 26, 2013). Emerson, 43, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Emerson had been charged with failing to obey court orders, failing to report judicial sanctions, and failing to cooperate in a disciplinary proceeding. The order took effect October 26, 2013

This action originally appeared in our March 2014 issue.
Mark H. Galyean, State Bar #220617, San Pedro (October 2, 2013). Galyean, 45, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He was charged with failing to comply with conditions to a previous order of discipline.

In aggravation, Galyean had a record of prior discipline. The order took effect November 1, 2013

This action originally appeared in our March 2014 issue.

Robert F. Graham, State Bar #76589, Chula Vista (September 25, 2013). Graham, 63, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He had been charged with failing to comply with rule 9.20 of the California Rules of Court. The order took effect October 25, 2013

This action originally appeared in our March 2014 issue.
Harvey R. Hasson, State Bar #37346, Palm Desert (August 28, 2013). Hasson, 74, was disbarred for failing to comply with conditions to a previous order of discipline.

In aggravation, Hasson had a record of prior discipline. In mitigation, he cooperated with the State Bar by entering into a stipulation. The order took effect September 27, 2013

This action originally appeared in our February 2014 issue.

Francis A. Jones, State Bar #204596, Long Beach (September 25, 2013). Jones, 48, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He had been charged with failing to competently perform legal services, failing to refund unearned fees, failing to release a file, and failing to cooperate in a State Bar investigation. The order took effect October 25, 2013

This action originally appeared in our March 2014 issue.
Marta Kempton, State Bar #129035, Orinda (September 25, 2013). Kempton, 58, was disbarred following her conviction for violating Penal Code § 550(b)(1) (insurance fraud), a felony involving moral turpitude. The conviction is now final, and the State Bar concluded that it met the criteria for summary disbarment. The order took effect October 25, 2013

This action originally appeared in our March 2014 issue.
Richard A. Lenard, State Bar #153916, Anaheim (August 14, 2013). Lenard, 57, was disbarred for engaging in the unauthorized practice of law.

In 2008 Lenard contracted with three California consumer debt relief companies who paid him a flat fee to provide limited legal services for their clients. He customarily charged from $75 to $100 per client and spent 15 to 20 minutes on each file. He estimated that among the three companies, he had more than 1,000 clients in credit repair.

In 2008 and 2009 clients who signed up with the companies received an “Attorney-Client Legal Services Agreement” from Lenard. However, the agreements did not specify that he was licensed to practice law only in California. Lenard reviewed the files of twelve clients in nine different states and sent cease-and-desist letters to their creditors.

The cease-and-desist letters were written on Lenard’s letterhead and informed the creditors that the clients had hired him to stop the creditors from calling them. Despite the letters, creditors continued to contact some of the clients, who then contacted Lenard for additional assistance. Lenard did not respond, and he never met personally with any of the twelve clients.

In aggravation, Lenard had a record of prior discipline. He committed multiple acts of wrongdoing that showed bad faith and dishonesty. In mitigation, he cooperated with the State Bar by entering into a stipulation. The order took effect September 13, 2013

This action originally appeared in our February 2014 issue.

Richard J. Lewis, State Bar #117612, Fair Oaks (August 22, 2013). Lewis, 59, was disbarred after being convicted of a felony involving moral turpitude.

In October 2010 Lewis pleaded no contest to a felony violation of Penal Code § 498(b), theft of utility services. The conviction is now final, and the State Bar has concluded that it met the criteria for summary disbarment. The order took effect September 21, 2013

This action originally appeared in our February 2014 issue.

Phyllis Loya, State Bar #111767, Woodland Hills (August 22, 2013). Loya, 65, was disbarred for failing to competently perform legal services, failing to keep a client reasonably informed of significant developments, failing to communicate, violating a court order, failing to promptly release files upon termination of employment, failing to refund unearned fees, and failing to comply with conditions to a previous order of discipline.

In October 2007 Loya was retained by a client as substitute counsel in a pending divorce matter. The parties involved in the divorce eventually entered into a settlement. The client then terminated Loya’s services. Between May 2010 and January 2011, the client repeatedly requested the return of her file and a refund of $600 in advance fees. Loya failed to comply with the requests.

In aggravation, Loya had a record of prior discipline, and she engaged in multiple acts of wrongdoing that caused harm to her client. The order took effect September 20, 2013

This action originally appeared in our February 2014 issue.

Nancy B. Marmol, State Bar #87790, San Francisco (September 19, 2013). Marmol, 67, was disbarred for failing to competently perform legal services, failing to respond to reasonable status inquiries, making false statements, failing to maintain client funds in trust, misappropriating funds, failing to return client files, failing to refund unearned fees, and committing acts of moral turpitude. In addition, Marmol was required to pay restitution to her clients.

In aggravation, Marmol engaged in multiple acts of wrongdoing that harmed her clients. The order took effect October 19, 2013

This action originally appeared in our March 2014 issue.

Dionne Mateos, State Bar #205959, Whittier (September 19, 2013). Mateos, 41, was disbarred for failing to competently perform legal services, accepting advance fees in loan modification matters in violation of Civil Code § 2944.7(a), failing to refund unearned fees, failing to participate in a disciplinary proceeding, and engaging in acts of moral turpitude. There were ten matters involving similar conduct that warranted discipline.

In aggravation, Mateos had a record of prior discipline, and she engaged in multiple acts of wrongdoing that significantly harmed her clients. In mitigation, Mateos cooperated with the State Bar by entering into a stipulation. The order took effect October 19, 2013

This action originally appeared in our March 2014 issue.

Kimberly L. McAlpin, State Bar #124814, Manhattan Beach (September 19, 2013). Kimberly L. MCAlpin, State Bar # 124814, Manhattan Beach (September 19). McAlpin, 53, was disbarred for failing participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so, and for failing to comply with rule 9.20 of the California Rules of Court.

In April 2012 the State Bar served McAlpin with a notice of hearing following her conviction for violating Vehicle Code § 14601.1(a), driving while a license is revoked or suspended, a misdemeanor that may or may not involve moral turpitude. She failed to appear at the hearing. The State Bar then served a notice of disciplinary charges for disobeying a court order, and notified McAlpin that her failure to appear at trial would result in a disbarment recommendation. McAlpin again failed to appear, resulting in the entry of her default.

In aggravation, McAlpin had a record of prior discipline. In 2011 she was suspended for 90 days and placed on three years of probation in connection with two DUI convictions. While she was on probation, she was convicted of a third DUI and sentenced to jail. Although her conduct did not involve moral turpitude, it nevertheless warranted the imposition of discipline. The order took effect October 19, 2013

This action originally appeared in our March 2014 issue.

Sung Il Oh, State Bar #201634, West Covina (October 2, 2013). Oh, 49, was disbarred for failing to comply with rule 9.20 of the California Rules of Court, and failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

In aggravation, Oh had a record of prior discipline. The order took effect November 1, 2013

This action originally appeared in our March 2014 issue.

Samuel S. Prendez, Jr., State Bar #249192, Sacramento (October 2, 2013). Prendez, 35, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

In 2011 Prendez was convicted in four separate criminal matters: violating Vehicle Code § 23103 pursuant to § 23103.5 (alcohol-related reckless driving); violating Penal Code § 591 (obstructing a utility line); violating Penal Code § 148(a)(1) (resisting arrest) and § 242 (battery); and violating Penal Code § 166(a)(4) (contempt of court for violating a restraining order).

In February 2012 the State Bar filed and properly served two notices of hearing on the four consolidated disciplinary cases. Prendez failed to respond to the notices, and he did not seek to have his default set aside or vacated in any of the cases. The order took effect November 1, 2013

This action originally appeared in our March 2014 issue.

Christine M. Seyler, State Bar #171755, Garden Grove (September 25, 2013). Seyler, 52, was disbarred for failing to comply with conditions to a previous order of discipline, and failing to comply with rule 9.20 of the California Rules of Court.

In aggravation, Seyler had a record of prior discipline. In mitigation, at the time of her misconduct Seyler suffered extreme emotional and physical difficulties. The order took effect October 25, 2013

This action originally appeared in our March 2014 issue.

John Y. Song, State Bar #176292, Los Angeles (August 28, 2013). Song, 47, was disbarred for failing to maintain client funds in trust and engaging in an act involving moral turpitude.

In June 2001 Song filed a complaint in superior court on behalf of a family friend. The client sought $130,000 from two defendants as satisfaction of a promissory note. Song’s fee agreement stated that he would be paid $150 per hour, plus a $4,000 retainer fee.

In November 2002 Song and the client entered into a new fee agreement stating that Song would receive 15 percent of any judgment. Later that month, a jury awarded Song’s client $130,000, plus post-judgment interest.

The defendants moved for bankruptcy, and so Song continued to work on the case. In 2005 Song received a check for $145,528.77 in satisfaction of the judgment. Song was required to maintain $133,699 as his client’s share of the proceeds. He held the funds in trust for two years while he tried to contact the client, and then he began to withdraw money from the account. By the time Song made his last unauthorized withdrawal, the account balance had fallen to $21,406. When the client learned that the judgment had been paid and sought to obtain the money, she filed a civil complaint against Song. He later settled that lawsuit for $80,000.

In aggravation, Song committed multiple acts of wrongdoing and showed a lack of insight and remorse by denying that he misappropriated client funds. In mitigation, Song had no record of prior discipline since being admitted to the State Bar in 1995. He cooperated in the investigation, and presented two witnesses and numerous declarations in support of his good character. The order took effect September 27, 2013

This action originally appeared in our February 2014 issue.

Duane L. Tucker, State Bar #88199, Oakland (August 21, 2013). Tucker, 67, was disbarred for failing to comply with rule 9.20 of the California Rules of Court.

In October 2011 at a disciplinary proceeding, Tucker stipulated to misconduct that had occurred since April 2008 in five client matters. The State Bar Court recommended that he be suspended for six months and placed on three years of probation for collecting an illegal fee, failing to competently provide legal services, failing to keep a client reasonably informed, failing to obey court orders, failing to promptly pay client funds, and failing to refund unearned fees.

In June 2012 the state Supreme Court returned the stipulation to the State Bar Court “for further consideration of the recommended discipline in light of the applicable attorney discipline standards.”

The following month Tucker filed to resign with charges pending. However, the State Bar Court rejected Tucker’s resignation because he had failed to meet rule 9.20 requirements for a previous order of discipline.

In aggravation, Tucker had a record of prior discipline. The order took effect Sept. 20, 2013. The order took effect September 20, 2013

This action originally appeared in our February 2014 issue.

Jason R. Walsh, State Bar #158471, Riverside (September 19, 2013). Walsh, 46, was disbarred for failing to comply with conditions to a previous order of discipline, and failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

In aggravation, Walsh had a record of prior discipline. The order took effect October 19, 2013

This action originally appeared in our March 2014 issue.

Lawrence R. Young, State Bar #38323, Los Angeles (September 26, 2013). Young, 74, was disbarred for accepting fees from a nonclient, failing to render appropriate accounts, failing to return unearned fees, and committing acts involving moral turpitude.

In November 2010 Young was assigned by the Defenders Law Group to supervise the representation of a criminal defendant. Because Young was about to be suspended from the practice of law for six months, he hired another attorney to represent the client. To avoid the requirement that he notify the courts and opposing counsel of his suspension, Young planned to substitute the contract lawyer as attorney of record on all of his active cases. The contract lawyer later claimed that he had substituted into the client’s matter, but there was no evidence indicating he had done so.

By May 2011 the client’s mother had paid Young $6,900 in attorneys fees. However, Young did not receive the client’s written consent to the billing arrangement. Although Young later claimed that he only went to meetings with the client to take notes, the client’s mother testified that he was an active participant at the meetings, talking and giving advice. The client’s mother was never aware that Young had been suspended from practicing law. Young failed to provide the client or his mother with the required written notice of his suspension.

In July 2011 the client’s mother terminated Young’s services and requested a refund. Young did not respond to the request and never provided an accounting.

In aggravation, Young had a record of prior discipline. He engaged in multiple acts of wrongdoing, and the State Bar had additional evidence of uncharged misconduct. In mitigation, Young entered into an extensive stipulation. The order took effect October 26, 2013

This action originally appeared in our March 2014 issue.