DISBARMENT
Denae A. Beland
State
Bar #289821, El Dorado Hills (August 7, 2026)
Beland
was summarily disbarred after being found guilty of corruptly endeavoring to
impede the due administration of Internal Revenue laws (26 U.S.C. § 7212(a)).
The
offense is a felony involving moral turpitude.
The
State Bar Court recommended disbarment after receiving proof of the finality of
the conviction.
Phillip Barry Greer
State
Bar #96438, Newport Beach (August 28, 2026)
Greer was
disbarred after being found culpable of 24 acts of professional misconduct in
the present matter, which consolidated two notices of disciplinary charges.
Greer
appeared remotely at 9:30 a.m. on the first day of trial, without giving prior
notice to the court, which directed him to appear in person in two hours. Trial
eventually commenced after noon, and after Greer claimed he arrived later than
ordered because he went to the wrong court. He cross-examined several
witnesses, then announced his intention to leave to "beat traffic"--claiming the
court was biased and he was unable to receive a fair trial. In keeping with
procedural rules (Cal. Bus. & Prof Code § 6111), the court notified him it
could continue without his presence. Though Greer appeared briefly at trial by
Zoom the next day despite the court order to appear in person, he declared the
proceeding was a "farce," and left while the first witness was being sworn.
His
wrongdoing included failing to keep clients informed of significant case
developments and failing to deposit client funds in a trust account, as well as
two counts involving moral turpitude: making false and misleading statements to
opposing counsel and in a written report to the Office of Probation. He was
also found culpable of an additional 20 counts of engaging in the unauthorized
practice of law, and of doing so intentionally--misconduct involving moral
turpitude.
In a
previous discipline order, Greer was actually suspended for 30 days and placed
on probation for one year after being found culpable of committing four acts of
professional misconduct. One month after that order took place, the State Bar's
Office of Attorney Regulation and Consumer Resources informed Greer that he
also owed disciplinary costs and would remain suspended until they were paid in
full. However, while Greer was suspended, he engaged in plea negotiations and
ultimately accepted a plea for his client in a criminal case. He also sent a
text to opposing counsel falsely stating that his suspension had been vacated,
and also falsely claimed he was in compliance in his quarterly written report
to the Office of Probation.
Greer
was again suspended for approximately six months after he failed to complete
and pass the Multistate Professional Responsibility Exam as required in the
disciplinary order. While suspended, he nevertheless undertook representation
in a political recall campaign, represented his wife in a consumer lawsuit, and
engaged with opposing counsel extensively in an additional matter involving a
discovery dispute.
Greer
had raised several issues on appeal, though the State Bar Court noted none of
them had merit. It did, however, address two of them in the current opinion.
The first was Greer's claim of error based on a refusal to accommodate hiss
need to take care of an elderly family member. The court noted: "Greer has a
well-established pattern of seeking continuances based on family health
issues," and underscored that he failed to provide any documentary evidence to
substantiate his claim. Greer also argued that hearsay evidence was improperly
admitted at trial, but the court noted that he chose to be absent for most of
the proceeding, so had waived belated hearsay objections.
In
aggravation, Greer had three previous records of discipline, and committed
multiple acts of wrongdoing in the instant case. He also demonstrated
indifference to the gravity of his wrongdoing--showing a "dismissive attitude
toward his ethical lapses" by suing the State Bar and many of the complaining
witnesses--alleging they engaged in a conspiracy by reporting his UPL and
displaying "pointed insouciance" in his sporadic and unauthorized early court
appearances in the case.
Michael William Hand, aka Michael
William Koper
State
Bar #281422, Towanda, Pennsylvania (August 28, 2026)
Hand
was disbarred after he stipulated to committing acts of professional misconduct
in another jurisdiction--New York--that resulted in his disbarment there.
The
California State Bar Court determined that Hand's culpability as confirmed by
the Supreme Court of New York also warranted imposing discipline under the laws
and rules in this state. Specifically, he was found culpable of: offering
evidence that he knew to be false; engaging in conduct prejudicial to the
administration of justice; and intentionally fabricating and illegally
procuring documents and destroying material evidence--wrongdoing involving moral
turpitude.
In the
underlying matter, Hand filed a Chapter 7 proceeding in a New York bankruptcy
court, after which three creditors filed adversary proceedings seeking
determinations that certain debts owed were not dischargeable. The creditors
eventually filed a motion for sanctions against Hand--alleging that he
fabricated documents and then used them with the intent to defraud them and the
bankruptcy court. Specifically, he manipulated the dates and times on
computerized documents including loan authorizations, a home lease approval,
and life insurance purchase approval, among others. He also used his computer
to access an email account to illegally procure the plaintiffs' corporate and
legal records, and installed a program that allowed him to fabricate email
messages purportedly sent years earlier, as well as a computer program that
overwrote more than 62,000 files--many of which would have been relevant to the
plaintiffs' case.
In
aggravation, Hand committed multiple acts of wrongdoing that significantly
harmed the administration of justice.
In
mitigation, he entered into a pretrial stipulation.
In the
sanction order issued by the bankruptcy court, Hand conceded his pattern of
misbehavior prejudiced the plaintiffs by forcing them to respond to fabricated
claims and pursue their cases against him while he possessed their confidential
records and other evidence.
Anne Elizabeth Hill
State
Bar #257778, Palo Alto (August 28, 2026)
Hill
was disbarred by default after she failed to participate in the disciplinary proceeding
in which she was charged with a single count of professional misconduct:
failing to obey a court order. Specifically, she failed to file a declaration
of compliance after being suspended as ordered (Cal. R. of Ct., rule 9.20).
When
the State Bar's Office of Chief Trial Counsel (OCTC) reached Hill by phone
shortly after she received notice, she reported that she had not practiced law
in 14 years and did not intend to oppose a default motion. The OCTC spoke with
Hill again after the default was entered, explaining the steps required to have
the order set aside, but she took no further action.
Satisfied
that all procedural requirements had been satisfied and that the default was
final, the State Bar Court recommended disbarment.
There
was an additional disciplinary matter pending against Hi when she was disbarred
in the present case.
Michael Jacob Libman
State
Bar #222353, Tarzana (August 28, 2026)
Libman
was disbarred after being found culpable of numerous ethical violations
committed in two separate disciplinary cases that were consolidated here.
His
wrongdoing included: two counts each of failing to obey court orders and
failing to disclose a potentially adverse relationship without obtaining his
client's prior written approval. He was also found culpable of several counts
involving moral turpitude: collaborating to advance a scheme that prioritized
other interests over those of his client, and attempting to gain unauthorized
access to the phone and email account of a judge and attorney, as well as two
counts of making false and misleading material misrepresentations.
In
the underlying matter, Libman was hired as local counsel representing a
plaintiff in a class action against the city of Los Angeles alleging utility
overcharging; he was specifically selected after a request to find counsel who
would be "friendly" to the city's interests. Two actions were filed in the
matter: the class action against the city and an action by the city suing the
company that had designed the billing system at issue. In fact, the settlement
proposal in the case had been drafted by counsel representing the city--then
sent and signed by Libman's lead counsel. The court did not approve it
initially.
While
the class action was pending, Libman was involved in an unrelated personal
injury matter--seeking out as co-counsel one of the attorneys representing Los
Angeles in the overbilling case without disclosing the conflict to his client.
In
anticipation of the court approving the class action, Libman submitted a
detailed list of 32 cases in which substantial settlements were achieved,
claiming he had "collaborated and co-counseled" with the firm that won the
settlements. In fact, while Libman's firm leased office space from the settling
firm for several years, they had never collaborated. Libman also claimed to
have sent 1,340 hours on the overbilling class--including 68.25 hours on "legal
and factual research and drafting of initial complaint and amended complaint."
In fact, the complaints were drafted without his input.
Libman
received approximately $1.65 million for his role in the case when it was
settled.
After
discovery in the other lawsuit--filed by the city--the judge discovered potential
conflicts of interest and appointed new class counsel, directing him to also
ascertain whether the class action settlement had been fair and reasonable. In
addition, the judge ordered Libman to produce all relevant accounting records
and work product documentation. After Libman produced only a one-page document
deemed to be inadequate, new class counsel deposed him. Libman then refused to
answer many questions posed--including work he allegedly done in the 32 previous
class actions. Libman was then held in contempt; he was also ordered to
disgorge the attorney's fees previously received, but failed to do so, and was
again held in contempt.
After
exhausting his appeals of the disgorgement order and non-monetary sanction
imposed in state court, Libman appealed to the U.S. Supreme Court, which denied
cert.
In
a related but separate action, Libman became convinced that the judge and new
class counsel had an "improper financial connection," and attempted to launch a
"covert investigation"--which involved hiring an Israeli advanced intelligence
gathering organization to get access to their email and phone accounts. In
furtherance of that scheme, Libman strategized with one of the affiliated class
action attorneys using burner phones--unaware that individual was working with
the FBI in a potential crackdown on the scheme. Libman also appeared at the
home of the lawyer he was targeting--ostensibly to serve a subpoena--and also
filed retaliatory legal actions against the lawyer.
In
aggravation, Libman committed multiple acts of wrongdoing that substantially
harmed the target of his investigation scheme, demonstrated a lack of
appreciation for his misconduct and obligations as an attorney, and was given
moderate aggravating weight for lack of candor related to a single
contradiction in trial testimony.
In
mitigation, he was allotted moderate weight for having practiced law
approximately 13 years without a record of discipline, and limited weight for
character testimony from seven witnesses--the majority of whom were unaware of
the specific charges against him.
Dino Luigi
Lusica
State Bar #227285, Whittier (August 14, 2026)
Lusica
was disbarred by default after he failed to participate in his disciplinary
proceeding despite receiving adequate notice and opportunity to do so. As a
consequence, a default was entered against him in the case, and the State Bar
Court determined that he failed to move to have it set aside or vacated within
90 days.
The
factual allegations in the charges filed against Lusica were deemed admitted,
and he was found culpable of all 29 counts charged that were related to four
separate clients--all of them involved in divorce matters.
His
wrongdoing included: failing to respond to reasonable client inquiries and
failing to deposit funds in a client trust account; two counts each of
representing adverse parties without their informed written consent and failing
to inform his clients of significant case developments; three counts of
improperly withdrawing from employment; and four counts each of failing to
perform legal services with competence, failing to perform legal services with
diligence, failing to provide an accounting of client funds received after
terminating his employment, failing to refund unearned advanced fees, and
failing to cooperate in the State Bar's investigation of the misconduct
alleged.
There
were two additional non-public disciplinary matters pending against Lusica,
which were abated at the time he was disbarred in the present case.
LoriAnn Owens
State
Bar #315230, Concord (August 7, 2026)
Owens
was disbarred by default after she failed to appear at the disciplinary trial
in which she was charged with 46 counts of professional misconduct related to
eight separate client matters. The State Bar Court found that all procedural
requirements, including adequate service and notice, have been met and that
there is a factual basis for imposing discipline. It also found that a default
had been properly entered in the case, and that Owens had not moved to have it
set aside or vacated.
As a
result, the factual allegations in the charges were deemed admitted and no
further proof was required to establish their truth.
Owens
was found culpable of all counts charged. Her wrongdoing included: failing to
render an accounting of client funds, failing to communicate a settlement offer
to a client, and failing to respond to reasonable client inquiries; two counts
each of failing to obey court orders and failing to release clients' files upon
terminating employment; six counts of failing to perform legal service with
diligence; eight counts each of failing to refund unearned advance fees and
failing to cooperate in the State Bar's investigation of the misconduct
alleged; and nine counts of failing to maintain client funds in trust.
An
additional eight counts involved moral turpitude: one count of making an
intentional misrepresentation to a client, and seven counts of misappropriating
client funds.
There
were other disciplinary charges and investigations, unspecified in number and
nature, pending against Owens when she was disbarred in the present case.
SUSPENSION
Sepideh Ardestani
State
Bar #274259, Los Angeles (August 7, 2026)
Ardestani
was suspended from the practice of law for 30 days and placed on probation for
one year after she stipulated to committing two acts of professional misconduct
related to a single client matter: failing to perform legal services with
competence and signing and submitting a motion to a court containing false
information--wrongdoing involving moral turpitude.
Ardestani
represented a plaintiff in a wage and hour action in a federal court. After the
court granted the defendants' motion to compel arbitration, she filed a motion
for reconsideration. It contained "numerous internal citations and quotes from
decisions that were non-existent, did not contain the language quoted, or did
not support the propositions for which they were offered." After the defendants
filed an opposition noting these inconsistencies, Ardestani filed a reply
stating that the misstatements were "minor" and "typographical errors"--and
later testified in court, without providing documentation, that they might have
occurred while transferring information from handwritten notes she had taken
while doing legal research for a friend. The court found Ardestani was not
forthcoming, and sanctioned her $1,500--underscoring that her conduct led to a
"waste of limited time and judicial resources in a district that has labored
under a long-standing caseload crisis."
In
aggravation, Ardestani caused significant harm to the administration of justice
and showed a lack of candor by failing to provide evidence to support her claim
that her misconduct was the result of clerical errors.
In
mitigation, she entered into a prefiling stipulation, had practiced law
discipline-free for more than 14 years, submitted nine good character letters
from a wide range of references, and was suffering from the stress of
caretaking an elderly family member at the time of the misconduct.
Steven Douglas Baric
State
Bar #200066, Newport Beach (August 14, 2026)
Baric
was suspended from practicing law for three years and placed on probation for
four years after he was found culpable of nine counts of professional
misconduct--including failing to distribute client funds promptly, failing to
render an account of client funds, commingling personal and client funds, and
failing to maintain complete records of client funds, as well as two counts of
failing to maintain client funds in a trust account. Three additional counts
involved moral turpitude: making material misrepresentations to a client, and
two counts of misappropriating client funds. The wrongdoing related to a single
client matter.
Baric
entered into a stipulation ahead of trial admitting to the facts establishing
his culpability for each of the violations, but disputed that the
misappropriation alleged was intentional.
In the
underlying matter, Baric was retained to represent a married couple pursuing a
wrongful death action after their young son was killed during police pursuit of
a vehicle. The clients maintained their case with Baric as he worked as a
contractor for two firms before opening his own practice. The case was settled
for $850,000, with the settlement check written to Baric's firm "in trust for"
the clients. Baric deposited it into his client trust account, and before
paying the clients, wrote several checks--reducing the balance in the account to
an impermissible level. Though Baric's legal assistant had informed the clients
that their settlement check had been received, Baric falsely told them on
several subsequent occasions it had not--then claimed he had received only
partial payment, and later, that the bank had placed a hold on the funds, and
still later, that he had mailed their settlement funds to an old address by
mistake. Though Baric eventually negotiated a check to the clients after
depositing two checks into his client trust account to cover the amount, he
failed to maintain proper accounting, a written journal, or reconciliation of
their funds.
Though
only sparse facts were included in the State Bar Court's opinion in the resent
case, there was a second matter involving an "unnamed client" for whom Baric
received a settlement check for $30,000 and deposited it into his client trust
account. He admitted that he failed to maintain the required account balance in
that transaction. After the bank issued a nonsufficient funds notice on the
account Baric admitted to removing the $30,000 from the account--claiming he did
so to safeguard the funds after the account was compromised by fraud.
In
aggravation, Baric committed multiple acts of wrongdoing that significantly
harmed his client.
In
mitigation, he had practiced law for approximately 25 years without a record of
discipline, cooperated in the State Bar investigation, submitted character
reference letters and some live trial testimony from 19 individuals, and made
full restitution to his client before the State Bar investigation began. He
also received mitigating weight for emotional difficulties caused by family
stressors--limited because there was no demonstration that it accounted for his
"most egregious violation" of knowingly misappropriating client funds, as well
as limited weight for remorse that occurred months after the misconduct, and
for performing community service--though the record lacked specific, quantifying
details as to its quality, duration, and impact.
Geoffrey Thomas Bentley
State
Bar #324355, San Diego (August 21, 2026)
Bentley
was suspended for nine months and placed on probation for two years after he
stipulated to committing three acts of professional misconduct: seeking to
mislead a judge, engaging in conduct prejudicial to the administration of law,
and making numerous false statements in pleadings filed with the
court--wrongdoing involving moral turpitude.
A U.S.
district court judge disqualified Bentley as counsel in a case, prompting the
district's standing committee on discipline to file a petition to initiate
proceedings against him based on seven separate charges. Facts found in that
jurisdiction included that Bentley filed 16 disability rights access lawsuits
on behalf of a single individual in federal court, as well as 16 state court
lawsuits naming himself as plaintiff in the same timeframe. Though the
defendants were the same, Bentley failed to file notices of the related cases.
A magistrate issued an order to show cause as to why Bentley should not be
disqualified for conduct prejudicial to the administration of justice, noting
the pattern of filing nearly identical pairs of lawsuits.
Bentley
defended that in the course of representing the plaintiff asserting disability,
he visited the defendants' premises to investigate all claims, and had grounds
for disability rights lawsuits as the plaintiff in an action against the
facilities he was unable to access. The court concluded that was a false
representation, as it conflicted with Bentley's assertion he had visited the
facilities to investigate the claims at issue. It characterized numerous
statements concerning the purpose of his visits as "incomplete, implausible,
inconsistent, and verifiably untrue."
The
State Bar Court determined that as a matter of law, Bentley's culpability as
adjudicated by the other jurisdiction also warranted imposing discipline in the
instant case.
In
aggravation, Bentley committed multiple acts of misconduct that significantly
harmed the administration of justice.
In
mitigation, he entered into a prefiling stipulation, took remedial measures to
avoid similar misconduct, and provided letters from nine individuals taken from
the legal and general communities--all of whom vouched for his good moral
character.
John Michael Genga
State
Bar #125522, Encino (August 21, 2026)
Genga
was suspended from practicing law for six months and placed on probation for
three years after he stipulated to committing six acts of professional
misconduct related to mishandling client funds.
His
wrongdoing included commingling personal and client funds in his client trust
account, failing to withdraw fees from his client trust account at the earliest
reasonable time after they became fixed, and failing to maintain complete
records of client funds, as well as three counts involving moral turpitude:
making an intentional misrepresentation to the State Bar and two counts of
certifying and affirming false statements to the Client Trust Account Trust
Account Protection program.
Genga
maintained two accounts at one bank: a client trust account and a business
operating account. Over a period spanning just more than seven years, he
misused the client trust account in numerous ways: failing to withdraw earned
attorney's fees when required on 130 occasions; making 81transfers of personal
funds from his operating account to client trust account to "hold in reserve;"
and initiating 104 automatic withdrawals and 32 wire transfers from his client
trust account to pay personal expenses. Also during that period, he failed to
maintain a written ledger, written journal, bank statements, or monthly
reconciliations for the account.
A
number of health insurance premium payments made from Genga's client trust
account were reversed due to insufficient funds, prompting the State Bar's
Office of Chief Trial Counsel to send him letters requesting an explanation.
While he responded that he had "mistakenly designated" his trust account rather
than his operating account as the source of payment for the insurance premiums,
he continued the prohibited practice for approximately two years.
In
addition, Genga submitted two statements to the Client Trust Account Protection
Program certifying that he maintained the requisite records and reconciliations
for his client trust account when he knew that to be untrue.
In
aggravation, Genga committed multiple acts of misconduct and engaged in a
pattern of mishandling his financial accounts.
In
mitigation, he entered into a pretrial stipulation, had practiced law
discipline-free for approximately 31 years, and submitted character reference
letters from seven individuals--the mitigating weight of that lessened because
the individuals did not represent a range in the community and the letters did
not indicate knowledge of the full extent of Genga's wrongdoing.
Dennise Suzanne Henderson
State
Bar #208640, Sacramento (August 7, 2026)
Henderson
was suspended for six months and placed on probation for two years.
She
stipulated to culpability for 20 counts of wrongdoing charged, but disputed
three additional charges. The State Bar Court found that the Office of Chief
Trial Counsel failed to prove those charges and dismissed them, basing its
discipline recommendation on the stipulated misconduct.
Henderson's
wrongdoing, which involved three client matters and a court reported action,
included: failing to act with reasonable diligence in representing a client,
failing to inform her client of a significant case development, and failing to
report judicial sanctions imposed to the State Bar; two counts each of failing
to render accounts of client funds and failing to cooperate in the State Bar's
investigation of the wrongdoing alleged; and 13 counts of failing to obey court
orders.
In one
client matter, Henderson was hired to substitute into a wrongful disclosure
action, accepting an advance fee of $10,000. Approximately 3 1/2 years after
being hired, she filed a complaint in federal court, but did not timely file a
case management conference statement despite several notices from the court,
nor did she respond to a subsequent order to show cause, or orders to serve a
second defendant with a complaint. The case was ultimately dismissed--though
Henderson did not inform them; the clients hired another attorney to file an
emergency bankruptcy petition so they could keep their home. Henderson did not
provide the clients with the requested written accounting of the fees paid, nor
did she respond to four letters of inquiry from the Office of Chief Trial
Counsel attempting to investigate the matter.
In a
second wrongful disclosure case, Henderson failed to file a timely joint status
report or to respond to a subsequent order to show cause. She failed to pay the
sanctions then imposed upon her, or to timely report them to the State Bar as
required.
A
third client case involved disputed funds. The findings of fact included that
Henderson filed a civil complaint against a bank on behalf of a client and her
partner. It settled for $625,000 after mediation; the fee agreement specified
that Henderson was to receive 40% of the settlement amount, or $250,000--with
the remainder to be split between the two clients. Complications arose over an
agreement in which Henderson was to hold one of the client's settlement funds
in a spendthrift trust to protect Social Security and disability benefits. The
client gave inconsistent testimony about the handling and expectations related
to the trust funds, but the State Bar Court dismissed claims of
misappropriation and failure to hold the settlement funds appropriately in
trust--finding only a failure to render an appropriate accounting of them.
And in
the court reported action, Henderson represented herself and a co-defendant in
an unlawful detainer matter. The court imposed sanctions of $750--payable to the
plaintiff--due to her failure to appear at a mandatory pretrial settlement
conference. The court imposed two additional sanctions based on subsequent
failures to appear. She untimely reported the sanctions imposed to the State
Bar, but failed to pay them.
In
aggravation, Henderson committed multiple acts of wrongdoing. She also received
limited aggravating weight for having a previous record of discipline that was
imposed after the current disciplinary proceeding commenced and for causing
harm to clients, where evidence of that harm lacked details.
In
mitigation, she stipulated to culpability for 20 of the 24 counts originally
charged--helping to conserve court and State Bar resources and demonstrating her
acceptance of responsibility for her misconduct.
Jonathan Hidalgo
State
Bar #296073, Los Angeles (August 14, 2026)
Hidalgo
was suspended from practicing law for nine months and placed on probation for
one year after successfully completing the State Bar Court's Alternative
Discipline Program (ADP). He was given credit for a 10-month period of inactive
enrollment imposed earlier.
After
disciplinary charges were filed against him in 2022, Hidalgo submitted evidence
showing a nexus between his substance abuse and mental health issues and the
misconduct alleged. He was then accepted into the program.
Nearly
two years later, another notice of disciplinary charges was filed against Hidalgo--consolidated
with the first--and the newly filed matter was also referred to ADP. Due to a
State Bar Court oversight, however, there was a delay in incorporating the
second matter, necessitating an amended contact and waiver for ADP
participation as well as an amended stipulation.
In it,
Hidalgo stipulated to committing 29 counts of professional misconduct related
to nine client matters. His wrongdoing included: accepting legal fees for a
third party without obtaining the client's prior written consent, failing to
deposit client funds in trust, and making false and misleading statements to a
client--misconduct involving moral turpitude; two counts each of failing to
return unearned advanced fees and failing to comply with probation conditions
imposed earlier; three counts of failing to perform legal services with
competence; four counts each of failing to communicate with clients regarding
case matters and improperly withdrawing from employment; five counts of failing
to participate in the State bar's investigation of the wrongdoing alleged; and
six counts of failing to render appropriate accountings of client funds.
In
aggravation, Hidalgo had two prior records of discipline and committed multiple
acts of misconduct in the instant case that significantly harmed several
clients who were highly vulnerable due to their uncertain immigration status.
In addition, the court allotted aggravating weight after determining Hidalgo
engaged in a "dangerous pattern" of misconduct after considering his entire
record spanning approximately six years and affecting 37 distinct client
matters.
In
mitigation, he entered into a pretrial stipulation, submitted good character
references from 10 individuals demonstrated remorse and a recognition of his
wrongdoing, and was experiencing severe financial and family stress during the
time of the misconduct. The court also considered Hildalgo's successful
completion of the ADP to be a mitigating factor--and recommended the lower level
of discipline in this case, as set out in the amended confidential statement of
alternative dispositions and orders.
Michael Hurey
State
Bar #139550, Valencia (August 28, 2026)
Hurey
was suspended from the practice of law for 30 days and placed on probation for
one year after he stipulated to being culpable of three acts of professional
misconduct: failing to act with reasonable diligence, failing to take
reasonable steps to avoid foreseeable prejudice to his client, and failing to
keep the client informed of a significant case development.
The
wrongdoing related to a single case in which Hurey represented a client who had
been ordered by the American Arbitration Association (AAA) to secure legal
representation in an arbitration. Hurey initially sought and was granted a
two-week extension to review the case. AAA then informed him that the client
was delinquent in paying the $9,000 fee due, and that failure to do so by a
specific date might result in suspension of the arbitration. On that final due
date, the client informed Hurey he would be undergoing a surgical procedure and
asked for an additional extension of the arbitration fee payment deadline.
Hurey
did not request an extension, but changed course and informed the client he
"would not be able to take the case," then failed to respond to the client's
additional inquiries.
AAA
subsequently dismissed the case due to the failure to pay the arbitration fee,
and it could not be reopened.
In
aggravation, Hurey had two prior records of discipline, and caused significant
harm to his client in the present matter, whose case was dismissed.
In
mitigation, he entered into a pretrial stipulation and provided letters from
seven individuals who had known him for substantial periods and were familiar
with the extent of his misconduct--all of whom vouched for his good character.
Leslie Klein
State
Bar #50908, Van Nuys (August 7, 2026)
Klein
was suspended for six months and placed on probation for two years after he
stipulated to committing three acts of professional misconduct: failing to
report a judgment against him as well as a discipline order imposed by another
agency to the State Bar as mandated, and failing to maintain the respect due to
a court.
Klein
was issued a Certified Public Accountant (CPA) certificate in 1994.
Approximately 25 years later, the accountancy board issued an accusation
against him. In response, he executed a stipulated surrender of license and
order--effectively acknowledging that, if proven, the charges and accusations
against him constituted cause for imposing discipline on his CPA certificate.
He failed to report the discipline to the State Bar within 30 days as required.
Six
years later, a superior court entered a judgment against Klein in the amount of
$24,334,038.99 for breach of fiduciary duty, fraud, intentional
misrepresentation, concealment, financial abuse, and intentional infliction of
emotional distress. The court noted, "though not relevant to culpability," that
Klein had mistakenly believed that the judgment was not final for purposes of
reporting pending resolution of the appeal in the case.
In the
third matter, Klein was subject to an order requiring him to disclose all
assets he owned or controlled. He failed to do so and subsequently filed for
Chapter 11 bankruptcy.
In
aggravation, Klein had been disciplined by the State Bar for professional
misconduct twice previously, and committed multiple acts of misconduct in the
instant case.
In
mitigation, he entered into a pretrial stipulation.
Geoff Conner Newlan
State
Bar #173698, Santa Barbara (August 28, 2026)
Newlan
was suspended from practicing law for 30 days and placed on probation for one
year after he successfully completed the State Bar Court's Alternative
Discipline Program (ADP).
After
an initial notice of disciplinary charges was filed against him, Newlan
requested that his case be referred to the ADP for an evaluation of his
eligibility to participate in the program. During the evaluation process, the
Office of Chief Trial Counsel filed two additional charges against Newlan; the
court consolidated all three matters--and Newlan submitted a declaration
establishing a nexus between his mental health issues and the misconduct
alleged. He was accepted for ADP participation, and an additional case alleging
misconduct was filed--and eventually consolidated with the other three,
necessitating an amended stipulation and revised levels of disposition.
The
present opinion summarized the misconduct at issue, which occurred over a
period of just over six years, as engaging in "numerous performance,
communication, and withdrawal related violations in seven client matters," as
well as making a misrepresentation to a client, substituting out of a matter in
bad faith for purposes of delaying trial, failing to pay court-ordered
sanctions, and failing to cooperate in four State Bar investigations. In all,
he stipulated to culpability for 37 counts of misconduct.
In
aggravation, Newlan committed multiple acts of wrongdoing, caused significant
harm to one of his clients, and failed to make restitution to two of them.
In
mitigation, he had practiced law for more than 20 years before the misconduct
began--and also successfully completed the ADP requirements.
Miriam Graciela Ortiz
State
Bar #281888, Oakland (August 7, 2026)
Ortiz
was suspended from the practice of law for six months and placed on probation
for two years after she stipulated to committing four acts of professional
misconduct related to mishandling client funds.
Her
wrongdoing included: withdrawing disputed funds from her client trust account
before the ownership interest in them became fixed, failing to maintain the
required balance in that account, failing to promptly distribute settlement
funds to a medical lienholder, and misappropriating client funds--misconduct
involving moral turpitude.
In the
underlying matter, Ortiz represented a client in a personal injury matter. They
executed a medical lien that expressly provided that Ortiz was to pay the
lienholder directly from any funds received in the matter, and to withhold
those funds from the settlement, judgment, or verdict that might attain in the
case.
Ortiz
received $15,000 in settlement funds and deposited them into her client trust
account, then sent demands to the medical lienholder to reduce the medical
bill. The lienholder indicated he would agree to reducing the bill only if all
parties involved also agree to reduce their recoveries in the same proportion.
After Ortiz failed to respond, the lienholder informed her his bill was
overdue--and eventually indicated he would send the matter to a collection
agency.
Over
the next several months, Ortiz transferred money from her client trust account
to her business account--reducing the balance to an impermissible level. Ortiz
paid to satisfy the medical lien after the State Bar began an investigation
into the matter.
In
mitigation, Ortiz entered into a prefiling stipulation, had practiced law
discipline-free for nine years, suffered from extreme emotional difficulties
during the time of the misconduct due to a divorce prompted by domestic
violence, and provided nine character letters from individuals hailing from a
range in the legal and general communities.
Benjamin Laurence Pavone
State
Bar #181826, San Diego (August 21, 2026)
Pavone
was suspended for 18 months and placed on probation for three years after he
appealed that same discipline order recommended by the hearing judge. The State
Bar Court panel on review dismissed one of the counts of professional
misconduct against Pavone, but found him culpable of the other seven counts
originally charged.
He was
found culpable of: failing to inform his client of a significant case
developments, charging an unconscionable fee, accepting a fee from a third
party without the client's prior written consent, and failing to maintain
respect due to a court, as well as three counts involving moral turpitude:
making intentional misrepresentations to his client, breaching his duty of
loyalty and overreaching in his dealings with her. The violations all related
to a single client matter.
Pavone,
who the court noted had "little experience in trusts or probate law," was
retained to represent a young client involved in a twisted and contentious
trust and estate and conservatorship matter involving her elderly grandmother,
the trustor. Their fee agreement included an estimate that his representation
could "cost approximately $100,000 or 'conceivably more.'" An ex parte petition
had been filed to appoint a temporary successor trustee and remove Pavone's
client from the position, but he testified he was unaware of it until the
morning of the hearing on the petition was held 10 days later. The temporary
successor was appointed. The client later testified that Pavone's negative
comments impugning the judge and others involved in the case gave her cause for
concern.
Two
courts eventually ordered the client to pay rent on the property on which she
was living, which was deemed an asset in the underlying trust. After the
trustor's death, Pavone filed a declaration in California court accusing the
judge, inter alia, of "cronyism," "making foolish and biased remarks" and
"protectionist rulings."
Of
relevance to the instant case on the unconscionable fee charge: Pavone's first
invoice billed $107,093; a second invoice set out an additional $51,194 in
costs and fees; a third totaled $186, 892; a fourth charged more than $430,000
in new fees. A final invoice sent after Pavone terminated his representation
indicated the client owed him $507,361. Pavone's documents also revealed he had
received a total of $7,000 from the client's relatives--later testifying at
trial he "was not aware of a rule that [clients] should have a written
disclosure about receiving money from non-clients." Pavone later claimed he had
a lien against the proceeds of estate property sold, as well as money she had
received previously. He then sued the client. A jury ultimately determined
Pavone owed the client $3,000, which he has not paid. A CPA and attorney
certified as an estate planning specialist testified at trial that the charges
in the matter should have run between $100,000 and $150,000--and that many of
the actions Pavone took in the case demonstrated a "fundamental lack of
understanding about probate proceedings and probate court."
Regarding
the related charge of failing to inform the client of significant case
developments, the hearing judge had underscored that Pavone did not give any
accounting to the client that his fees and costs had increased in excess of
$390,000, nor did he convey the judge's admonition that the related litigation
was depleting trust assets.
The
hearing judge and the panel on appeal also found that Pavone made numerous
verbal and written misstatements and intentional misrepresentations in the
course of the representation that constituted moral turpitude--in particular,
his claim to the client that there was a "fraudulent or criminal conspiracy"
involving opposing counsel, her great aunt and the professional fiduciary--and
aided by the judge--to deprive the client of her inheritance rights.
In
recommending 18 months of actual suspension, the panel focused on both the
misrepresentations and overreaching that violated his fiduciary duties to the
client. It also emphasized the findings of unconscionable fees, noting: "His
refusal to stop pursuing his ill-fated actions led to fees that may have
initially been within the bounds of reason but quickly escalated to
unconscionable levels and led to unwarranted court filings."
And it
concluded: "Beyond his unethical actions that led to culpability findings,
Pavone's disparaging conduct during trial and here on review is quite
troubling. His conduct illustrates he has little, if any, understanding of or
remorse for his conduct or his proper role in our profession."
In aggravation,
Pavone committed multiple acts of wrongdoing that significantly harmed the
administration of justice, and demonstrated indifference toward atoning for his
misconduct. He was also given limited aggravating weight for having a prior
record of discipline for conduct that occurred after the events alleged in the
instant case--on the reasoning that he "did not have an opportunity to heed the
import of the prior proceeding before committing the misconduct in the present
matter."
In
mitigation, he was allotted limited weight for two character letters that were
admitted. (Pavone had proffered a total of 42 written statements as character
references--40 of which the hearing judge excluded because they did not
establish that the authors consented to their use and predated the disciplinary
charges in the present case.)
Pete Carter Schroepfer
State
Bar #284001, Walnut (August 28, 2026)
Schroepfer
was suspended from practicing law for six months and placed on probation for
one year after he stipulated to committing five acts of professional
misconduct--most of them related to mismanaging client funds.
Schroepfer
maintained two client trust accounts related to two separate legal practices.
He had full supervisorial and managerial authority over both practices, but
delegated many of the related duties to his office manager, who was not a
lawyer. Over a period of nearly five years, he failed to track the number of
employees working at his firms, nor did he perform evaluations of their work.
He also delegated all responsibility for his client trust accounts to the
office manager, without reviewing the specifics and accuracy of the funds
passing through them. As a result of his negligence in supervising and managing
the accounts, the funds were disbursed erroneously and wrongfully applied for
his own use. After one of the accounts had a negative balance, the State Bar
requested records for both accounts. When he failed to do so for more than a
year, it issued a subpoena; the records eventually tendered were incomplete and
contained errors.
In
aggravation, Schroepfer committed multiple acts of misconduct and showed
indifference toward rectifying his wrongdoing by failing to comply with the
State Bar's requests for documents for more than a year.
In
mitigation, he entered into a prefiling stipulation, had practiced law
discipline-free for approximately eight years, and received nominal mitigating
weight for good character references from four individuals--all of them
friends--who were not taken from a range in the legal and general communities.
James Charles Shields
State
Bar #186836, Torrance (August 21, 2026)
Shields
was suspended for one year and placed on probation for two years after he
stipulated to committing 17 acts of professional misconduct related to four
distinct client matters.
His
wrongdoing included: failing to perform legal services with reasonable
diligence, failing to maintain a written ledger of client funds, entering into
an impermissible fee agreement, failing to provide an accounting of client
funds after terminating services, and accepting an advance fee from a third
party without obtaining the client's prior written consent. He was also
culpable of two counts each of failing to maintain the required balance in his
client trust account and failing to respond to reasonable client inquiries, as
well as three counts each of failing to keep clients informed of significant
case developments, and failing to promptly refund unearned advanced fees. An
additional two counts of misappropriating client funds involved moral turpitude.
In one
client case, Shields executed two fee agreements with a client: the first was
for a flat fee to negotiate Medi-Cal reimbursement, the second was for an
hourly fee to handle the related probate matter. He accepted and deposited the
flat fee, transferring it into his client trust account, then transferred the
funds into his operating account before doing any meaningful work on the case.
After the client's hardship waiver was denied, he submitted a complaint to the
State Bar, then sought arbitration--disputing Shields' retention of the $8,000
fee paid. Shields and the client eventually agreed to settle the matter for
$7,000; Shields paid, but did not provide a written ledger, journal, or monthly
reconciliation of the client funds held.
In
another matter, Shields entered a fee agreement with a client that contained
"retainer" language but was not a true retainer. Shields received the fee paid
in advance, but the client then decided not to pursue the underlying legal
action. After Shields did not refund the fee, the client submitted a complaint
to the State Bar. Shields made partial repayment the next day--without an
accounting--and paid the remainder nearly two years later.
In a
third matter, Shields received an advance fee of $5,000 from a client's cousin
without obtaining the client's written consent, which he transferred into his
client trust account. Shields then ignored the client's pleas for a case status
update and she hired new counsel and filed a complaint with the State Bar.
Shields eventually refunded the fee that had been paid.
And in
the fourth client case, Shields received an advance fee of $7,500 from a client
seeking representation in an estate matter, but ignored her request for case
status updates for approximately 18 months--eventually refunding the unearned
advance fees after the State Bar began an investigation into the matter.
In aggravation, Shields committed multiple
acts of wrongdoing, significantly harmed his clients by failing to issue timely
restitution to them--and made restitution only after the State Bar initiated
proceedings or the client sought fee arbitration.
In
mitigation, he entered into a pretrial stipulation, practiced law
discipline-free for nearly 24 years, presented letters from 13 individuals
taken from a broad range of the legal and general communities attesting to his
good character, offered evidence of performing pro bono and community service,
and took proactive steps to improve his practice--including completing the State
Bar's Client Trust Accounting and Ethics Schools.
-- Barbara Kate Repa
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