Discipline Report - February 2007

DISBARMENT
      Melodye S. Hannes, State Bar # 192977, Studio City (October 13). Hannes, 44, was disbarred for failing to maintain client funds in trust; misappropriating funds; engaging in acts of moral turpitude, dishonesty, or corruption; failing to obey a court order; and failing to maintain a current address with the State Bar.
      In 2002 Hannes was hired to represent a client in a marital dissolution. The client was also represented by another attorney in a personal injury case that had been litigated while the couple was married. In August 2002 Hannes wrote to the attorney representing the former spouse stating that she would deposit $310,766 in settlement funds from the personal injury case into trust pending further order by the court. That same month the client gave Hannes a check for $15,000, which he owed to his ex-wife and which Hannes placed into the client trust account.
      In early September 2002 Hannes deposited the $310,766 in settlement funds into the client trust account, leaving a balance of $325,766. That month the court ordered Hannes to hold in trust the community property of $310,766. Between September 2002 and February 2003 Hannes misappropriated $317,584 from the trust account for her personal use and enjoyment. In January 2005 Hannes appeared for a hearing in the dissolution case. At the hearing the court ordered that payment of the couple's mortgage, which was in default, be made from the funds Hannes was holding in trust, but she failed to comply with the court's order. In March 2005 the court ordered Hannes to transfer $59,116 to the ex-wife's attorney within 24 hours, but she failed to make the transfer. In April 2005 Hannes told the court and opposing counsel that she did not have the funds in her trust account. Later, she sent the attorney a bogus bank statement showing a balance of $310,766. About the time she sent the purported statement, the client trust account was overdrawn by $9.
      The court also had ordered Hannes to provide an accounting to the ex-wife's attorney and to transfer all funds to the attorney, but she failed to comply with the court's orders. As a result, the ex-wife was forced to file a Chapter 13 bankruptcy petition to stay the foreclosure sale of the community property.
      In August 2005 a State Bar investigator wrote to Hannes requesting a written response to allegations of misconduct in managing the client trust account. The letter was returned by the postal service as undeliverable because Hannes had abandoned her office without leaving a forwarding address with the bar.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to Hannes's client and to the client's ex-wife. Also, Hannes failed to cooperate with the State Bar during its investigation and proceedings.
      The order took effect November 12.
     
      Charles C. McCarthy, State Bar # 20803, Encino (October 10). McCarthy, 84, was disbarred in a Review Department opinion for failing to promptly comply with rule 955 of the Rules of Court and failing to comply with conditions to a previous discipline.
      In January 2003 McCarthy was suspended for two years and placed on three years of probation for misappropriating funds and engaging in acts of moral turpitude. While a general partner of a land company, McCarthy refused to disburse $31,606 owed to the other limited partner. McCarthy paid the partner $4,113 but failed to pay him the balance of the money owed. Later, an arbitrator found that McCarthy owed the partner $27,493. McCarthy filed for bankruptcy in an attempt to have the arbitration award discharged. The bankruptcy court concluded the award was not dischargeable and awarded the limited partner the $27,493. McCarthy and the limited partner negotiated an agreement to settle the matter for $25,000.
      McCarthy tried to include in the agreement a requirement that the limited partner withdraw any State Bar complaints he had filed against McCarthy. Conditions to the 2003 suspension required McCarthy to file quarterly probation reports, which he filed late. He failed to promptly comply with rule 955, by filing his affidavit of compliance five months late and making misrepresentations of fact in his declarations.
      In aggravation, McCarthy had a record of prior discipline, the underlying matter. In addition, he failed to participate in the State Bar proceedings.
      The order took effect November 9.
     
      George P. Mills, State Bar # 81041, Carlsbad (October 13). Mills, 61, was disbarred for engaging in the unauthorized practice of law; engaging in acts of moral turpitude, dishonesty, or corruption; charging or collecting an illegal or unconscionable fee; and failing to maintain client funds in trust.
      In December 2003 Mills was hired to represent a client in a marital dissolution. Mills and opposing counsel had the couple sign a stipulation regarding distribution of funds from the sale of the family residence. The funds were to be held in Mills's trust account with a restriction that no funds could be disbursed without prior court approval. In January 2004 Mills opened a new trust account by depositing $64,668 from the sale of the couple's home. Between May and July 2004 Mills paid himself $17,000 from the trust account as legal fees without court approval.
      In February and March 2004 Mills had obtained court approval to withdraw $20,000 from the trust account to pay off his client's automobile loan. In June 2004 opposing counsel requested copies of bank statements showing the balance of funds being held in the trust account. Mills provided a bank statement through January 2004 that showed the opening deposit of $64,668 but did not show any withdrawals or disbursements. In July 2004 opposing counsel requested that Mills produce a copy of the May 2004 bank statement, but he failed to respond to the attorney's letter and failed to produce the statement.
      In September 2004 Mills was suspended for failing to pay his State Bar membership dues. He remained suspended until December 2004. Between September and December 2004 Mills continued to practice law in violation of the court's suspension order.
      In aggravation, Mills had a record of prior discipline. In the current matter, the misconduct involved multiple acts of wrongdoing.
      The order took effect November 12.
     
      Sheila A. Wharton, State Bar # 52005, Los Angeles (October 13). Wharton, 59, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In July 2005 Wharton was suspended in California after her discipline in Louisiana for attorney misconduct. In California she was suspended for 60 days and until the State Bar Court granted a motion terminating the suspension. She was found culpable of failing to perform legal services competently, failing to communicate, failing to promptly refund unearned fees, engaging in acts of moral turpitude, and failing to cooperate in the Louisiana and California state bar investigations and proceedings. Conditions to the discipline required Wharton to comply with rule 955 by notifying clients and opposing counsel of her suspension within 30 days and filing an affidavit of compliance within 40 days. She failed to promptly file the affidavit and failed to provide an explanation to the State Bar for her noncompliance.
      In aggravation, Wharton had a record of prior discipline, the underlying discipline. In addition, she failed to participate in the State Bar proceedings before entry of her default.
      The order took effect November 12.
     
      Wyndell J. Wright, State Bar # 127066, Los Angeles (September 27). Wright, 45, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In July 2005 Wright was suspended for three years and placed on probation for five years and until he provided proof of his rehabilitation, fitness to practice, and learning and ability in the law. He remains suspended until he makes restitution of $10,855 to one client and participates in a binding fee arbitration with the client.
      Wright was found culpable in nine client matters of failing to perform legal services competently, failing to communicate with a client, failing to respond to clients' reasonable status inquiries, failing to promptly return client papers and property, failing to return unearned fees, failing to maintain client funds in trust, commingling funds, failing to promptly remove earned fees from the client trust account, failing to pay funds to a client, writing checks and making electronic debits from the client trust account to pay for personal expenses, and engaging in acts of moral turpitude, dishonesty, or corruption. Conditions to the discipline required Wright to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to promptly file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Wright had a record of prior discipline, the underlying matter. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. Also, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect October 27.
     
      RESIGNATION
      The following attorneys resigned from the bar with unspecified disciplinary charges pending. Their resignations were accepted without prejudice to further disciplinary proceedings should they seek reinstatement.
     
      Carl L. Beckel, State Bar # 90724, Ventura (October 13). Beckel, 48, resigned from the bar on September 25.
      The order took effect November 12.
     
      Rex K. DeGeorge, State Bar # 35901, Beverly Hills (October 13). DeGeorge, 70, resigned from the bar on September 11.
      The order took effect November 12.
     
      Ubiwe K. Eriye, State Bar # 183014, Inglewood (October 6). Eriye, 42, resigned from the bar on September 1.
      The order took effect November 5.
     
      John C. Montano Jr., State Bar # 166382, San Clemente (October 6). Montano, 39, resigned from the bar on September 13.
      The order took effect November 5.
     
      Walter Rook, State Bar # 43653, Martinez (October 13). Rook, 66, resigned from the bar on September 22.
      The order took effect November 12.
     
      SUSPENSION
      Thomas C. Jeing, State Bar # 157795, San Francisco (September 26). Jeing, 43, was suspended for one year and placed on three years of probation for failing to perform legal services competently; engaging in acts of moral turpitude, dishonesty, or corruption; and improper withdrawal from representation.
      In October 2001 Jeing was hired to represent two defendant corporations in a civil lawsuit. He filed and served an answer but failed to respond to discovery requests from the plaintiff. In response to another defendant's motion, Jeing prepared two declarations. Both declarants worked outside the United States. Rather than obtaining an original declaration from the first declarant, Jeing used a declaration by the same person in a related case and signed the declaration as though signed by the declarant. He then filed it with the court. The second declaration was sent to Jeing by fax, but the signature was not legible. Jeing placed the declarant's signature on the declaration and filed it with the court.
      In a second matter, in 2003 Jeing represented a corporate defendant in a civil case. He filed an answer but failed to file a case-management statement and failed to attend two court-scheduled case-management conferences. After Jeing's services were terminated by the client, he failed to notify the court about his termination.
      In a third matter, in April 2003 Jeing substituted into a property damage case and appeared for a status conference. At some point the case was dismissed. Jeing told opposing counsel he was going to file a motion to have the dismissal set aside, but he failed to do so. After April 2003 Jeing had no further contact with the client. In November 2003 the court imposed sanctions of $636 for failing to respond to discovery.
      Jeing had been enrolled in the State Bar's Lawyers' Assistance Program. In December 2005 the program's committee terminated Jeing's participation due to his continued absence. In January 2006 the State Bar Court issued an order to show cause why Jeing should not be terminated from the Alternative Discipline Program. That same month the State Bar Court terminated Jeing's participation in that program.
      In aggravation, the misconduct involved multiple acts of wrongdoing in three client matters. In mitigation, Jeing had no record of prior discipline since being admitted to the bar in 1992. Also, he cooperated with the State Bar during its investigation and proceedings. The State Bar Court reduced the weight of Jeing's cooperation due to his termination from the Alternative Discipline Program.
      The order took effect October 26.
     
      Andrew Levy, State Bar # 153999, Thousand Oaks (September 13). Levy, 48, was suspended for one year and placed on two years of probation after being found culpable in six matters for failing to perform legal services competently, failing to adequately supervise his office staff, entering into a business transaction with former clients when the terms of the transaction were not fair, failing to maintain client funds in trust, using the client trust account to pay personal and office expenses, commingling funds, and failing to return unearned fees. He was also ordered to make restitution of $7,085.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, during the period of his misconduct Levy suffered extreme family problems. At the time of his misconduct Levy was away from his office and relied on his staff to manage day-to-day operations.
      The order took effect October 13.
     
      Robert M. Radeski, State Bar # 174280, Rancho Cucamonga (September 26). Radeski, 48, was suspended for 60 days. He was disciplined for failing to comply with conditions to a public reproval.
      In November 2003 Radeski received a public reproval for attorney misconduct. Conditions to the reproval required him to submit quarterly probation reports and complete six hours of continuing legal education. He failed to comply with the conditions.
      In aggravation, Radeski had a record of prior discipline, the underlying matter. Also, the misconduct involved multiple acts of wrongdoing by failure to comply with conditions to the reproval.
      The order took effect October 26.
     
      Ricardo C. Saria, State Bar # 74999, Palo Alto (September 14). Saria, 58, was suspended for three years and placed on four years of probation. He was also ordered to make restitution of $8,000 to one client. He was disciplined for engaging in acts of moral turpitude, dishonesty, or corruption; failing to provide an accounting; and failing to report imposition of judicial sanctions to the State Bar.
      In September 1997 Saria was paid $2,000 to help a client enforce a civil judgment. In December 1998 he filed an application for an order to sell the judgment debtor's interest in a parcel of real property. In April 1999 the court granted Saria's application and found that the client was entitled to receive $28,324. In May 1999 the title company sent Saria a check for $30,000, which included interest.
      Between May and July 1999 Saria failed to disburse any money to the client after receiving funds from the sale of the property. In May 1999 Saria misappropriated $12,000 from the client's share of the sale proceeds, and between May and June he misappropriated $17,000. In August 1999 Saria disbursed $10,000 to the client as partial payment. Saria retained $8,000, which belonged to the client. Between August 2002 and July 2003 the client made several requests to Saria for an accounting of funds received, but Saria failed to respond.
      In aggravation, Saria had a record of prior discipline. In mitigation, Saria cooperated with the State Bar during its investigation and proceedings.
      The order took effect October 13.
     
      Robert M. Williams, State Bar # 69540, Stockton (September 13). Williams, 60, was suspended for 30 days and placed on three years of probation for engaging in the unauthorized practice of law and failing to comply with a court order.
      In March 2005 Williams was suspended for 30 days and placed on two years of probation for failing to perform legal services competently, failing to notify a client he was in receipt of client funds, failing to promptly pay client funds, and failing to communicate. While on suspended status, Williams continued to practice law.
      In aggravation, Williams had a record of prior discipline. In March 2005 the underlying matter occurred. In June 2005 he was suspended for 30 days and placed on two years of probation for failing to perform legal services competently and failing to communicate with clients.
      The order took effect October 13.
     
      PROBATION
      Larry T. Cole, State Bar # 70462, Modesto (September 26). Cole, 62, was placed on one year of probation for failing to comply with conditions to a previous discipline.
      In February 2005 Cole received a public reproval for failing to promptly return unearned fees. Conditions to the reproval required Cole to submit quarterly probation reports, attend ethics school, and pay restitution to one client. He failed to promptly file the reports, submitting them several days to several months late. He also failed to promptly show proof of attending ethics school and to pay the ordered restitution.
      In aggravation, Cole had a record of prior discipline. In mitigation, during the period of misconduct Cole cared for a family member who died in March. He also suffered financial difficulties in relocating his office from Auburn to Modesto.
      The order took effect October 26.
     
      Nicholas F. Coscia, State Bar # 93248, Cardiff (September 26). Coscia, 54, was placed on two years of probation after his conviction for violating Vehicle Code section 23152(a), driving under the influence of alcohol.
      In June 2005 police observed Coscia driving erratically and pulled him over. He was arrested for driving under the influence of alcohol. Later, a breath test revealed his blood-alcohol level to be 0.21 percent, well above the legal limit of 0.08 percent. In September 2005 he pleaded guilty to one count of driving under the influence. He was placed on five years of summary probation and ordered to complete five days of public service work. He was also ordered to pay fines, and his driver's license was suspended for 90 days.
      In aggravation, Coscia had a record of prior discipline. In mitigation, he cooperated with the State Bar during its proceedings.
      The order took effect October 26.
     
      John F. Morken, State Bar # 153979, San Francisco (September 26). Morken, 42, was placed on two years of probation for failing to comply with conditions to a public reproval.
      In July 2005 Morken received a public reproval after his conviction for driving under the influence of alcohol. One of the conditions to the reproval required Morken to submit blood or urine samples for analysis and to have the lab send a report to the probation department of the State Bar. Morken was to submit the samples to a lab each month beginning in August 2005 and for the first three months of 2006. He filed a report for December 2005 and April 2006. No other reports were filed.
      In aggravation, Morken had a record of prior discipline, the underlying reproval. In mitigation, he cooperated with the State Bar during its proceedings.
      The order took effect October 26.
     
      Rigoberto V. Obregon, State Bar # 130589, Menifee Lakes (September 26). Obregon, 45, was placed on probation for 18 months for failing to cooperate with a State Bar investigation.
      In January 2005 a State Bar investigator sent two letters to Obregon concerning a complaint filed against him. The complaint alleged that money a man loaned to his former wife was being used by Obregon to pay attorneys fees for a bankruptcy matter he was handling for the ex-wife. The investigator's letters were returned by the postal service. In February 2005 the investigator faxed copies of the letters to Obregon, but he failed to respond. The investigator discovered that Obregon was not located at the address maintained in the State Bar membership records. The investigator left a telephone message for Obregon, but he failed to respond.
      In February 2005 Obregon changed his address with the State Bar membership office. In April 2005 deputy trial counsel wrote to Obregon requesting a written response to the allegations filed against him. He failed to respond to the letter. The State Bar investigator continued to seek information from Obregon about the alleged misuse of funds. In September 2005 Obregon wrote to the investigator requesting an extension of two weeks to respond fully to the investigator's inquiry. Obregon failed to respond as promised. After a notice of disciplinary charges was filed, Obregon provided the documents requested by the bar investigator.
      In aggravation, Obregon had a record of prior discipline. In mitigation, no clients were harmed by the misconduct.
      The order took effect October 26.
     
      Daniel T. Streeter Jr., State Bar # 183703, Los Angeles (September 13). Streeter, 45, was placed on one year of probation for failing to maintain client funds in trust, failing to promptly pay out funds on behalf of a client, and failing to communicate. Also, he was ordered to make restitution of $903 to one client.
      In June 2002 Streeter was hired to represent husband-and-wife clients in a personal injury case. In December 2002 the case settled, with $14,000 going to the husband and $4,000 to the wife. After paying some of the medical providers, Streeter was required to maintain $1,688 in the client trust account to pay the clients' remaining medical bills. In late December 2002 one of the medical providers received Streeter's check but failed to negotiate the check for about three months.
      In March 2003 Streeter telephoned the medical provider saying he had placed a stop-payment order on the check and would issue a new check. Between July 2003 and January 2004 the medical provider and the clients left numerous telephone messages for Streeter regarding payment of their bills. Streeter failed to promptly respond to their telephone messages.
      In February 2005 Streeter sent the medical provider a cashier's check as partial payment. In March 2005 he made a final payment to the medical provider. In March 2005 the wife called Streeter informing him that she had been contacted by another medical provider for nonpayment of her bill. Streeter immediately sent the payment to the provider.
      In mitigation, Streeter cooperated with the State Bar during its investigation and proceedings.
      The order took effect October 26.
     

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