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California Lawyer
DISCIPLINE

SUSPENSION

Dante S. Ardite, State Bar #207039, Lawndale (February 21, 2013). Dante Sean Ardite, State Bar # 207039, Lawndale (Feb. 21). Ardite, 46, was suspended for six months and placed on three years of probation following multiple misdemeanor convictions for driving with a suspended license in violation of Vehicle Code § 14601.l (a), a misdemeanor that does not involve moral turpitude. In aggravation, Ardite had a record of prior discipline. In addition, he engaged in multiple acts of wrongdoing, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, he cooperated with the State Bar’s investigation and proceedings. The order took effect May 1, 2013
Louis G. Bruno, State Bar #137898, Escondido (February 21, 2013). Bruno, 61, was suspended for six months and placed on two years of probation for collecting an illegal fee, engaging in the unauthorized practice of law, misrepresenting his State Bar status, and engaging in an act involving moral turpitude, dishonesty, or corruption.

In aggravation, Bruno had a record of prior discipline. Also, his misconduct involved multiple acts of wrongdoing that significantly harmed his clients. In mitigation, Bruno cooperated with State Bar by entering into a stipulation. The order took effect March 23, 2013

Sheryl L. Hammer, State Bar #143588, Encino (February 21, 2013). Hammer, 50, was suspended for 30 days and placed on two years of probation for failing to comply with conditions to a previous order of discipline. In aggravation, Hammer had a record of prior discipline. The order took effect March 23, 2013
H.R. Harrison Smith, State Bar #52023, Shasta (February 21, 2013). Smith, 67, was suspended for 30 days and placed on one year of probation for falsely reporting to the State Bar that he had complied with certain MCLE requirements, an act involving moral turpitude.

In mitigation, Smith had no record of prior discipline since being admitted to the State Bar in 1972, and he cooperated by entering into a stipulation. The order took effect March 23, 2013

Caleb P. Leys, State Bar #171683, Beverly Hills (February 14, 2013). Leys, 69, was suspended for 120 days and placed on one year of probation for failing to competently perform legal services, failing to respond to reasonable status inquiries, and failing to promptly refund an unearned fee.

In mitigation, Leys acknowledged his wrongdoing and cooperated with the State Bar by entering into a stipulation. The order took effect March 16, 2013

Curtis G. Muck, State Bar #190328, Rolling Hills Estates (February 14, 2013). Muck, 41, was suspended for six months and placed on three years of probation for aiding in the unauthorized practice of law, sharing fees with nonlawyers, and failing to cooperate with a State Bar investigation.

In mitigation, Muck had no record of prior discipline since being admitted to the State Bar in 1997. Also, he cooperated by stipulating to facts, conclusions of law, and discipline. The order took effect March 16, 2013

Thomas A. Palmer, State Bar #39312, Oakland (February 21, 2013). Palmer, 71, was suspended for 30 days and placed on one year of probation for falsely reporting to the State Bar that he was in compliance with certain MCLE requirements, an act involving moral turpitude, dishonesty, or corruption.

In mitigation, Palmer had no record of prior discipline since being admitted to the State Bar in 1966. The order took effect March 23, 2013

Bryan D. Sampson, State Bar #143143, San Diego (February 21, 2013). Sampson, 54, was suspended for one year and placed on two years of probation for mailing a copy of a summons and complaint to several defendants with altered file stamps on the documents, an act of moral turpitude, dishonesty, or corruption.

In mitigation, Sampson had no record of prior discipline since being admitted to the State Bar in 1989, and he cooperated by entering into a stipulation. The order took effect March 23, 2013

Charlotte Spadaro, State Bar #47163, Riverside (February 20, 2013). Spadaro, 71, was suspended for six months and placed on three years of probation for entering into improper business transactions with a client, failing to account for client funds, and failing to refund unearned fees. In addition, she was ordered to pay restitution to her client.

In mitigation, Spadaro had no record of prior discipline since being admitted to the State Bar in 1970. The order took effect March 22, 2013

Swazi E. Taylor, State Bar #237093, Beverly Hills (February 27, 2013). Taylor, 34, was suspended for six months and placed on two years of probation for collecting illegal and unconscionable fees in loan modification matters.

In 2009, Taylor became the principal of his current firm, Taylor Mortgage Lawyers (TML), specializing in loan modifications, short sales, and other real estate matters, including bankruptcy cases. About the same time, newly enacted Civil Code § 2944.7(a) prohibited attorneys from collecting advance fees in loan modification matters. Taylor illegally charged fees to eight clients prior to completing all their loan modification services, and he was ordered to pay restitution.

In aggravation, Taylor committed multiple acts of wrongdoing that significantly harmed his clients. Also, he displayed indifference toward rectification of or atonement for his misconduct. The order took effect March 29, 2013

Gregory M. Williams, State Bar #219036, Camarillo (February 7, 2013). Williams, 47, was suspended for two years and placed on three years of probation for failing to comply with conditions to a previous order of discipline and for falsely reporting that he had complied with conditions to a criminal probation, an act involving moral turpitude.

In aggravation, Williams had a record of prior discipline. Also, he engaged in multiple acts of wrongdoing. In mitigation, during the period of misconduct he suffered severe financial stress, and he cooperated by entering into a stipulation. The order took effect March 9, 2013

Actions From Previous Issues

Dennis M. Assuras, State Bar #85874, Chino (December 3, 2012). Assuras, 75, was suspended for 30 days and placed on three years of probation for failing to maintain complete client account records and for commingling funds.

In aggravation, Assuras committed multiple acts of wrongdoing. In mitigation, Assuras had no record of prior discipline since being admitted to the State Bar in 1979. Also, his misconduct did not harm his clients, and he cooperated with the State Bar’s investigation and proceedings. The order took effect January 2, 2013

This action originally appeared in our March 2013 issue.

Judy L. Beres, State Bar #210161, Glendale (January 25, 2013). Beres, 49, was suspended for six months and placed on two years of probation following her misdemeanor convictions for violating Health and Safety Code § 11357(c), possession of more than one ounce of marijuana, and Penal Code § 273a(b), child endangerment.

In mitigation, Beres had no record of prior discipline since being admitted to the State Bar in 2000, and she cooperated by entering into a stipulation. The order took effect February 24, 2013

This action originally appeared in our April 2013 issue.

Warren L. Brown, State Bar #100404, Montrose (December 10, 2012). Brown, 63, was suspended for 90 days and placed on three years of probation for failing to render an appropriate accounting, failing to promptly release a client’s file upon termination of employment, and failing to cooperate in a disciplinary investigation.

In aggravation, Brown exhibited indifference toward the consequences of his misconduct, and he engaged in multiple acts of wrongdoing. In mitigation, Brown had no record of prior discipline since being admitted to the State Bar in 1981. The order took effect January 10, 2013

This action originally appeared in our March 2013 issue.

Michael L. Challgren, State Bar #137072, Woodland Hills (December 3, 2012). Challgren, 53, was suspended for six months and placed on two years of probation following his 2008 conviction for violating California Vehicle Code § 23152(b), driving with a blood-alcohol content of .08 percent or higher, and his 2009 conviction for violating California Vehicle Code § 14601.2(a), driving with a license suspended because of a DUI.

In February 2010 the Review Department recommended suspension. In April and May 2010 Challgren’s two convictions were referred to the State Bar Alternative Discipline Program, and subsequently they were consolidated. The parties entered into a stipulation for a misdemeanor conviction warranting discipline.

In aggravation, Challgren had a record of prior discipline. Also, he showed indifference by knowingly driving with a suspended driver’s license nine days after the court ordered him not to do so. In mitigation, Challgren cooperated with the State Bar’s investigation and proceedings. The order took effect January 1, 2013

This action originally appeared in our March 2013 issue.

Matthew J. Erwin, State Bar #198280, Orange (January 15, 2013). Erwin, 38, was suspended for six months and placed on two years of probation following his convictions for assault with a deadly weapon and reckless driving, both felonies involving moral turpitude.

In November 2011 Erwin was convicted of felony violations of Penal Code § 245 (a)(1), assault with a deadly weapon other than a firearm, and Vehicle Code § 2800.2(a), evading a police officer: reckless driving. His sentence included 180 days in jail (later reduced to 90 days), restitution, fines, fees, and an order to stay away from the victim Erwin nearly struck with his vehicle. Erwin was also ordered to comply with any plan for psychiatric, psychological, or alcohol/drug treatment or counseling directed by the probation department.

In aggravation, Erwin harmed an off-duty firefighter by attempting to run him over. Erwin engaged in four acts of criminal misconduct in three separate incidents spread over several months. He also had been convicted of driving under the influence of alcohol in August 2007. In mitigation, Erwin had no record of prior discipline since being admitted to the State Bar in 1998, and he cooperated with the investigation and proceedings. The order took effect February 14, 2013

This action originally appeared in our April 2013 issue.

Louis J. Ferrara, State Bar #73345, Littleton, CO (November 28, 2012). Ferrara, 66, was suspended for two years and placed on three years of probation for engaging in the unauthorized practice of law, failing to maintain a current office address with the State Bar, and committing acts involving moral turpitude.

In aggravation, Ferrara’s misconduct significantly harmed the administration of justice, and he harmed the public by embezzling $1,200 from his labor union’s bank account while acting as its treasurer. In mitigation, Ferrara had no record of prior discipline since being admitted to the State Bar in 1976. Also, he cooperated with the State Bar by entering into a stipulation. The order took effect December 27, 2012

This action originally appeared in our March 2013 issue.

Arthur Greenspan, State Bar #150216, Brentwood (December 3, 2012). Greenspan, 50, was suspended for one year and placed on three years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, Greenspan had a record of prior discipline. In mitigation, he cooperated with the State Bar’s investigation and proceedings. The order took effect January 2, 2013

This action originally appeared in our March 2013 issue.

Wendy A. Harte, State Bar #243230, Santa Monica (December 31, 2012). Harte, 39, was suspended for 90 days and placed on two years of probation for failing to comply with conditions to a previous order of discipline. The order took effect January 30, 2013

This action originally appeared in our March 2013 issue.
Sean C. Hickey, State Bar #159116, Fremont (November 19, 2012). Hickey, 51, was suspended for nine months and placed on three years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, Hickey had a record of prior discipline. In mitigation, he displayed remorse for his misconduct and cooperated with the State Bar’s investigation and proceedings. The order took effect December 19, 2012

This action originally appeared in our March 2013 issue.

John H. Kibbler, State Bar #164834, Upland (January 30, 2013). Kibbler, 59, was suspended for nine months and placed on two years of probation for failing to maintain client funds in trust, violating a court order, and committing an act involving moral turpitude.

In aggravation, the misconduct involved client trust funds. In mitigation, Kibbler had no record of prior discipline since being admitted to the State Bar in 1993. His misconduct did not harm his client, and he paid restitution without the threat of disciplinary, civil, or criminal proceedings. The order took effect March 2, 2013

This action originally appeared in our April 2013 issue.

Steven C. Lynes, State Bar #174020, Roseville (December 10, 2012). Lynes, 44, was suspended for 90 days and placed on two years of probation for failing to competently perform legal services, failing to communicate with clients, failing to render an accounting, failing to refund unearned fees, failing to release client files, and failing to cooperate in a disciplinary proceeding. In aggravation, Lynes was found culpable of seven acts of misconduct in three client matters. In mitigation, Lynes had no record of prior discipline since he was admitted to the State Bar in 1994. The order took effect January 10, 2013

This action originally appeared in our March 2013 issue.
Dionne Mateos, State Bar #205959, Whittier (December 19, 2012). Mateos, 41, was suspended for two years and until she provides proof of rehabilitation, fitness to practice, and learning and ability in the law. Moreover, Mateos was placed on three years of probation and ordered to take and pass the Multistate Professional Responsibility Exam and to comply with rule 9.20 of the Rules of Court.

In six loan modification matters, Mateos repeatedly failed to competently perform legal services, collected illegal advance fees, failed to respond to reasonable client inquiries, failed to render an accounting, failed to refund any part of unearned fees, and failed to cooperate with the State Bar’s investigation and proceedings. The order took effect January 18, 2013

This action originally appeared in our March 2013 issue.

Walter R. Mitchell, State Bar #165834, Newport Beach (December 19, 2012). Mitchell, 55, was suspended for 30 days and placed on two years of probation for practicing law while suspended and committing an act involving moral turpitude, dishonesty, or corruption.

In mitigation, Mitchell had no record of prior discipline since being admitted to the State Bar in 1993. Also, he cooperated with the State Bar by entering into a stipulation. The order took effect January 18, 2013

This action originally appeared in our March 2013 issue.

Andrew P. Mullaly, State Bar #185716, El Cajon (January 15, 2013). Mullaly, 43, was suspended for 90 days and placed on two years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, Mullaly had a record of prior discipline. Also, he engaged in multiple acts of wrongdoing, and he demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, he cooperated with the State Bar by entering into a stipulation. The order took effect February 14, 2013

This action originally appeared in our April 2013 issue.

James A. Nations, State Bar #229219, Alameda (December 31, 2012). Nations, 58, was suspended for three months and placed on one year of probation for failing to competently perform legal services, failing to render an accounting, failing to refund unearned fees, and failing to cooperate in a disciplinary investigation.

In aggravation, his wrongdoing significantly harmed a client. Also, Nations demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, Nations had no record of prior discipline since being admitted to the State Bar in 2003. The order took effect January 31, 2013

This action originally appeared in our March 2013 issue.

Lisa B. Nevarez, State Bar #206226, Cypress (December 10, 2012). Nevarez, 42, was suspended for 30 days and placed on three years of probation following her conviction for violating Vehicle Code § 23152(a), driving under the influence of alcohol and/or drugs, and § 23152(b), driving with a blood alcohol level of .08 percent or more. It was Nevarez’s third DUI conviction.

In mitigation, Nevarez cooperated with the State Bar by entering into a stipulation. The order took effect January 10, 2013

This action originally appeared in our March 2013 issue.

Daniel M. Noveck, State Bar #223927, Beverly Hills (December 31, 2012). Noveck, 60, was suspended for 90 days and placed on three years of probation for signing the names of his clients to declarations filed and served on opposing counsel, employing means that were inconsistent with truth, and disobeying a court order.

In aggravation, the count found that Noveck’s motion to quash or modify subpoenas was frivolous and unnecessarily expended the resources of the court and the opposing party. In mitigation, Noveck had no record of prior discipline since being admitted to the State Bar in 2002, and he cooperated by entering into a stipulation. The order took effect January 31, 2013

This action originally appeared in our April 2013 issue.

Joseph J. Olsen, State Bar #51276, Beverly Hills (December 10, 2012). Olsen, 70, was suspended for six months and placed on two years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, Olsen had a record of prior discipline. The order took effect January 10, 2013

This action originally appeared in our March 2013 issue.

Joseph J. Rego, State Bar #163183, San Diego (November 19, 2012). Rego, 56, was suspended for 30 days and placed on two years of probation for disobeying a court order and failing to competently perform legal services.

In mitigation, Rego had no record of prior discipline since being admitted to the State Bar in 1992. Also, he cooperated by entering into a stipulation. The order took effect December 19, 2012

This action originally appeared in our March 2013 issue.

Dennis M. Russell, State Bar #118253, Las Vegas, NV (December 10, 2012). Russell, 56, was suspended for 90 days and placed on three years of probation for failing to respond to reasonable status inquiries, failing to render an accounting, and failing to promptly refund unearned fees.

In aggravation, Russell had a record of prior discipline. The order took effect January 10, 2013

This action originally appeared in our March 2013 issue.

William C. Seiffert, State Bar #140291, Citrus Heights (January 25, 2013). Seiffert, 59, was suspended for 30 days and placed on two years of probation for failing to keep a client informed of significant developments, failing to take reasonable steps to avoid prejudice to a client, failing to render appropriate accounts, failing to promptly refund unearned fees, and failing to cooperate in a disciplinary proceeding.

In aggravation, Seiffert engaged in multiple acts of wrongdoing. His delay in refunding unearned fees demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, Seiffert had no record of prior discipline since being admitted to the State Bar in 1989. Also, he entered into a stipulation prior to trial. The order took effect February 24, 2013

This action originally appeared in our April 2013 issue.

Nathan M. Shilberg, State Bar #178212, El Cajon (December 3, 2012). Shilberg, 44, was suspended for one year and placed on two years of probation for endorsing a check without authorization from the bankruptcy trustee, misappropriating funds, misrepresenting facts to the court, and engaging in acts involving moral turpitude.

In aggravation, Shilberg committed multiple acts of wrongdoing. Moreover, his misconduct caused his client significant harm, resulting in the dismissal of the client’s bankruptcy action. In mitigation, Shilberg had no record of prior discipline since being admitted to the State Bar in 1995. Also, he cooperated by entering into a stipulation. The order took effect January 2, 2013

This action originally appeared in our March 2013 issue.

James P. Swanseen, State Bar #159918, Mill Valley (December 3, 2012). Swanseen, 64, was suspended for six months and placed on four years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, Swanseen had a record of prior discipline. In mitigation, during the period of his misconduct Swanseen suffered severe financial stress and was unable to make required restitution to client The order took effect January 2, 2013

This action originally appeared in our March 2013 issue.

Scott R. Weber, State Bar #217702, The Villages, FL (January 9, 2013). Weber, 38, was suspended for 90 days and placed on one year of probation following his conviction for resisting arrest.

In November 2010 Weber, while intoxicated, approached a police officer who was questioning suspects at the scene of a bar fight. Despite the officer’s instructions to wait until she completed her interview, Weber continued his attempts to speak with her. When the officer attempted to place Weber under arrest, he resisted and physically struck another officer. He was arrested for battery upon an officer, resisting arrest, obstruction of justice, and public intoxication.

In June 2011 Weber was convicted of violating Penal Code § 69, obstructing or resisting an executive officer, and Penal Code § 148(a)(I), resisting, delaying, or obstructing a peace officer, both misdemeanors. He was sentenced to 36 months of summary probation, with conditions that included 30 days in jail.

In aggravation, Weber’s arrest occurred while he was on summary probation following a prior conviction for driving under the influence and during the related reproval period following discipline by the State Bar. In mitigation, Weber cooperated by entering into a stipulation prior to trial. The order took effect February 8, 2013

This action originally appeared in our April 2013 issue.

Brian D. Wirsching, State Bar #189491, Eugene, OR (January 9, 2013). Wirsching, 43, was suspended for 60 days and placed on three years of probation for failing to comply with conditions to a previous order of discipline; violating Vehicle Code § 23152(b), driving with a blood-alcohol level of .08 percent or more, a misdemeanor; and failing to update his State Bar membership records.

In aggravation, Wirsching had a record of prior discipline. In mitigation, he cooperated with the State Bar’s investigation and proceedings. The order took effect February 8, 2013

This action originally appeared in our April 2013 issue.