LEGAL TECH

Caution!

More than 150,400 attorneys are eligible to practice law in California. Many attorneys share the same names.

All discipline reports should be read carefully for names, ages, addresses and bar numbers. Attorneys must report address changes within 30 days.


DISBARMENTS

STEVEN JEFFREY SCHWARTZ [#67458], 47, of Mission Hills was disbarred Jan. 6, 1996, and ordered to comply with Rule 955.

Schwartz wilfully failed to comply with Rule 955 of the California Rules of Court, a condition of probation from a September 1994 disciplinary order.

The 1994 suspension involved one client matter. He failed to cooperate with the bar's investigation and maintain a current address with the bar. At that time, Schwartz received a one-year stayed suspension and three years probation, with an actual suspension of 90 days.

Schwartz's 1994 suspension was considered an aggravating factor in the disbarment decision.

He failed to make any effort, after his noncompliance with Rule 955 was referred to a hearing, to comply with the rule. Schwartz had been a member of the bar since 1975.

EDUARDO ZAMARRIPPA [#106671], 40, of Rowland Heights was disbarred Jan. 6, 1996, and ordered to comply with Rule 955.

Zamarrippa's disbarment was the result of his failure to comply with Rule 955, a requirement of a January 1995 disciplinary order. At that time, Zamarrippa was suspended for three years, stayed, and placed on probation for three years with an actual suspension of one year and until he made restitution.

His prior misconduct involved failure to perform competently in three client matters, an act of moral turpitude in one of the matters, failure to return an unearned fee of nearly $5,000 and lack of cooperation with the bar's disciplinary investigation.

Also considered an aggravating factor was a July 1993 disciplinary order in which he stipulated to improperly managing his trust account and failing to competently represent and communicate with a client.

In its decision, the hearing department of the bar court found that Zamarrippa demonstrated his "unwillingness or an inability to comply with his professional obligations and the rules of conduct imposed on lawyers" by not participating in the disbarment proceedings and non-compliance with Rule 955.

KENNETH F. JEFFERS [#44521], 58, of Lake Elsinore was disbarred effective Feb. 4, 1996, and ordered to comply with Rule 955 of the California Rules of Court.

Jeffers' disbarment followed his failure to comply with Rule 955, a requirement of a 1995 disciplinary order. At that time, Jeffers was suspended for 90 days after he failed to meet conditions of a 1993 public reproval. The public reproval resulted from his criminal conviction for inflicting corporal injury upon his spouse, a misdemeanor.

He also was suspended for two years in July 1995 for misconduct in two client matters and failure to cooperate in the bar's investigation.

Jeffers' failure to participate in the disciplinary proceedings prior to the entry of default was considered an aggravating factor. Jeffers had been a member of the bar since 1969.

THOM PICARELLO [#87583], 48, of Oakland was disbarred effective Feb. 10, 1996, and ordered to comply with Rule 955.

Picarello did not comply with Rule 955, as required by a disciplinary order imposed in January 1995.

Picarello's prior record of discipline was considered an aggravating circumstance. His prior record includes a one-year stayed suspension with 18 months probation in July 1993.

At that time he was disciplined for failing to perform competently in two client matters and failing to cooperate with the bar's investigators.

He also made misleading statements, failed to communicate and did not return unearned fees to one of his clients.

His failure to comply with probation conditions from that disciplinary order resulted in a probation revocation, which, in turn, led to disbarment proceedings.

His failure to participate in the disbarment proceedings prior to the entry of default also was considered an aggravating circumstance. Picarello was admitted to the bar in 1979.

PATRICIA L. RUTHERFORD [#106252], 45, of Glendale was disbarred effective Feb. 10, 1996, and ordered to comply with Rule 955.

Rutherford's disbarment followed her failure to comply with Rule 955, a requirement of a 1994 disciplinary order revoking her probation.

Rutherford's prior record of discipline was considered an aggravating factor in her disbarment proceedings.

The 1994 disciplinary order consisted of a six-month actual suspension resulting from her failure to comply with probation conditions from a November 1993 order.

The 1993 discipline involved failing to complete legal services and failing to return a client's file. She was placed on probation for one year, including 30 days actual suspension.

Rutherford's failure to participate in the disbarment proceedings prior to the entry of default also was considered an aggravating circumstance.

Rutherford had been a member of the bar since 1982.

JAMES MONROE WARD [#91218], 52, of Carmel was disbarred effective Feb. 10, 1996, and ordered to comply with Rule 955.

Ward's misconduct involved his failure to comply with two sections of Rule 955, a requirement of a 1994 disciplinary order.

He did not file required affidavits indicating he made restitution and informed clients of his suspension from the practice of law.

His prior record of discipline was considered an aggravating circumstance in the disbarment proceedings.

The 1994 disciplinary order was the result of his failure to competently perform legal services for one client, unauthorized practice of law, improper withdrawal from cases involving two clients and failure to cooperate with the bar's investigation.

He received a 60-day suspension and was to have complied with Rule 955 if he remained suspended for 90 days for failing to make restitution during that time period.

Admitted to the bar in 1979, Ward's lack of a prior discipline record until 1994 was discounted by the hearing judge as mitigation. According to the judge, the appropriate remedy for an attorney who does not comply with Rule 955 or participate in disciplinary proceedings "has to be disbarment in order to maintain the integrity of the bar disciplinary system."


SUSPENSIONS/PROBATION

LORN EDWARD AIKEN [#85838], 51, of Los Angeles was suspended for 90 days, stayed, and placed on probation for two years, effective Jan. 6, 1996. He was ordered to pass the CPRE.

Aiken was disciplined for failure to comply with conditions of a private reproval, effective June 1994. He failed to file several probation reports in the required time period.

In mitigation, Aiken was candid and cooperative throughout the disciplinary proceedings and has completed his probation report requirements.

GLENN MATTHEW TERRONES [#108965], 38, of Los Angeles was suspended for five years, stayed, and placed on probation for five years on the condition that he actually be suspended for two years and until he has shown proof of his rehabilitation and fitness to practice law.

He also was ordered to pass the CPRE and comply with Rule 955. The order took effect Jan. 6, 1996.

Terrones stipulated to committing at least six acts of misconduct in two different client matters, including misappropriation of entrusted funds.

In one instance, Terrones represented a client in a personal injury matter, but he failed to inform the client of his receipt of a $25,000 advance insurance draft in February 1992. He failed to distribute the appropriate funds to his client.

The check was deposited in Terrones' client trust account, but he neglected to maintain the required funds in the account when later that month the balance of the account fell to about $1,200.

In late 1993, a jury awarded Terrones' client $26,000, with the $25,000 advance payment credited against the verdict. In January 1994, Terrones finally gave the client his portion of the settlement funds.

Terrones also was found culpable of failing to respond to a State Bar investigator's letters.

In mitigation, Terrones has been a member of the bar since 1983 and has no prior record of discipline.

The probation of GLENN H. HEINE [#66161], 52, of Sacramento was revoked and his stay of suspension lifted effective Jan. 6, 1996.

Heine was actually suspended for 10 months with credit given against the actual suspension for the period of his involuntary enrollment. He was ordered to comply with Rule 955.

Heine failed to complete probation conditions of a November 1994 disciplinary order. He did not make restitution of $1,500 to a client or the Client Security Fund, and he neglected to file required quarterly probation reports. In June 1995, the Client Security Fund reimbursed his client.

BRUCE MALCOLM BROWN [#135036], 34, of Phoenix was suspended for two years, stayed, and placed on probation for three years on the condition that he actually be suspended for four months and until he makes restitution, effective Jan. 6, 1996. He also was ordered to comply with Rule 955.

Brown's misconduct involved wilful failure to communicate, neglecting to inform clients that he was ineligible to practice law and failure to return unearned fees.

Brown was hired by a couple to draw up a living trust and limited partnership agreement on Aug. 5, 1992, but did not advise them that he was ill and unable to work as an attorney. Two days later he voluntarily enrolled himself as an inactive member of the bar.

He told the clients he was going to Chicago and gave them two telephone numbers they could call to leave messages for him.

However, the clients attempted to contact Brown many times after their initial meeting, but were successful only once.

They eventually contacted the State Bar in July 1994 and obtained his current address. Despite a written request for a return of unearned fees, Brown did not respond and performed no work on their case.

In aggravation, Brown has a prior record of discipline, he did not return the clients' unearned fees and he was uncooperative with the bar's investigation of the matter.

ANDREW PRENDIVILLE [#93003], 43, of Dana Point was suspended for one year, stayed, and placed on probation for one year, effective Jan. 12, 1996. He also was ordered to pass the CPRE.

Prendiville's misconduct involved misdemeanor convictions in four separate criminal matters and five separate instances involving commingling, misappropriation of client funds or allowing his client trust account to fall below the required balance.

In April 1994, Prendiville pleaded guilty to driving under the influence and driving without a license. In September 1994, he pleaded guilty to injuring a spouse or cohabitant, and battery. That same month, he pleaded guilty to driving with a suspended license and also driving without a license.

In one of the matters involving client trust account violations, Prendiville issued at least 15 checks for personal expenses and cash from his client trust account. One of the checks deposited to the account was payable to Prendiville and marked "this is a donation to your favorite charity."

Prendiville has been a member of the State Bar for 15 years with no prior record of discipline.

JOSEPH ANTHONY MESCE [#75299], 48, of Sacramento was suspended for three years, stayed, and placed on probation for three years with an actual suspension of 15 days, effective Jan. 12, 1996. He also was ordered to pass the CPRE.

Mesce's discipline was the result of his August 1994 convictions for battery and failure to appear on a misdemeanor charge in Yolo County.

Mesce was arrested in March 1993 following an altercation with another man outside an apartment complex in West Sacramento. He was released on his own recognizance, but later failed to appear at a scheduled hearing.

In aggravation, Mesce has a prior record of discipline. In October 1988, he was suspended for six months, stayed, and placed on three years probation, based on his conviction for carrying a concealed gun without a license.

He failed to comply with terms of his probation and it was extended for a year. In 1993, he was again disciplined and ordered to make restitution after he was found culpable of multiple counts of failing to perform competently and comply with court orders, as well as mismanagement of his client trust account.

He failed to comply with the terms of that probation and was suspended for an additional 90 days.

In December 1994, he was suspended for three years, stayed, and placed on three years probation with one year of actual suspension, based on his conviction for possession of methamphetamine.

Conditions of his current probation order include his enrollment in an anger control program.

Mesce has been a member of the bar since 1977.

PAUL HENRY KINION [#84616], 57, of San Pedro was suspended for 90 days, stayed, and placed on probation for two years, effective Jan. 12, 1996. He also must make restitution and pass the CPRE.

Kinion repeatedly failed to perform services for one client by missing court hearings and a trial date. He did not properly withdraw from employment and failed to communicate, refund unearned fees and promptly return the client's file.

In addition, he improperly withdrew from a bankruptcy matter and failed to continue negotiations with the IRS and forward a tax payment, as requested by his client.

He did not comply with the client's request for an accounting of fees and the client's funds, and he failed to pay out all of the funds owed the client.

In aggravation, his actions involved multiple acts of misconduct and resulted in the loss of a client's cause of action to recover his home.

In mitigation, Kinion was admitted to practice in 1978 and has no prior record of discipline. At the time of his misconduct, Kinion was working on three cases and was unable to devote sufficient time to the matters of one of his clients.

GERALDINE D. GREEN [#50282], 62, of Los Angeles was suspended for 90 days, stayed, and placed on probation for two years, with an actual suspension of 30 days, effective Jan 12, 1996. She also was ordered to pass the CPRE.

Green's misconduct involved failure to communicate, perform legal services, return client files and cooperate with the bar's investigation. She also failed to comply with a State Bar Court disciplinary order directing her to pass the CPRE, attend the State Bar's ethics school and complete the bar's client trust accounting school within one year of a private reproval she received in 1993.

In one instance, Green was hired by a client to represent him in a police brutality suit, but the suit was dismissed by the court for lack of prosecution. Green filed an appeal of the dismissal, but it was upheld partially due to the fact Green failed to explain a seven-month period of inactivity and to advise the court when the case would be ready for trial if the dismissal was vacated.

Green's private reproval in 1993 was considered an aggravating factor.

In mitigation, she was cooperative with the State Bar during the disciplinary proceedings, except in one matter, when she failed to respond in writing to the bar's inquiries.

In an attempt to rectify her actions, Green filed motions to vacate dismissals in two of her cases.

In addition, files and money were stolen from Green's office during the period of her misconduct, causing a period of inactivity which contributed to the dismissal of one case for failure to prosecute.

Green eventually completed ethics school and the client trust account record-keeping course.

EUGENE CHARLES GOLDMAN [#82177], 47, of Encino was suspended for six months, stayed, and placed on probation for 18 months, effective Jan. 12, 1996.

Goldman was hired to represent a client in a personal injury action and settled the case with an insurance company in December 1991.

He deposited the $110,000 settlement check in his client trust account and paid his client's share.

However, before he paid the medical liens, the balance of his account dropped below the amount required to remain in trust.

He ultimately paid the amount owed the medical providers.

Goldman has no record of discipline in more than 16 years of practice.

Conditions of probation include attending the bar's ethics school and client trust account record-keeping course.

FREDERICK ROBERT PALUMBO [#92041], 43, of San Diego was suspended for two years, stayed, and placed on probation for three years with an actual suspension of 60 days, effective Jan. 21, 1996.

The period of probation and actual suspension will run concurrently with the remaining periods of probation and actual suspension imposed in a previous order. He also was ordered to pass the CPRE.

Palumbo's misconduct involved his violation of a court order. In April 1994, he pleaded guilty to violating a superior court restraining order after he entered the home of his ex-wife. The bar found that his conduct did not involve moral turpitude, but considered it "other misconduct warranting discipline."

Palumbo has a prior record of discipline. In 1991, he was suspended for two years, stayed, with two years probation and 30 days actual suspension. His misconduct at that time involved his conviction for two counts of battery, two counts of violation of a court order and one count of unlawful entry, following a domestic altercation.

LORRAINE ROSENFELD [#133620], 38, of Oceanside was suspended for one year, stayed, and placed on probation for two years, effective Jan. 21, 1996.

Rosenfeld's misconduct stemmed from her representation of clients in two real estate matters. In one matter, she was employed by a couple to assist them in recovering escrow funds. She performed some legal services, but neglected to inform her clients of a settlement offer.

She also failed to return numerous calls from the clients and when they terminated her services, she failed to return their files as requested. In addition, she appeared at a status conference without client authorization, as they had already terminated her services. The clients eventually recovered the disputed escrow funds.

In aggravation, Rosenfeld has a prior record of discipline. She received a one-year stayed suspension in 1993 and again in 1994, with probation to run concurrently.

In mitigation, she was candid and cooperated with the bar's investigation, providing all documents and information requested. Her current misconduct occurred at the same time as the two previous instances of misconduct.

Rosenfeld has been a member of the bar since 1988.

PAUL JOSEPH KELLY [#61695], 47, of Marina Del Rey was suspended for two years, stayed, and until he makes restitution, effective Jan. 21, 1996. He also was placed on probation for two years with 120 days actual suspension and ordered to pass the CPRE and comply with Rule 955.

Kelly was found culpable of 21 counts of misconduct involving five different matters.

He was disciplined for failure to perform legal services competently, unauthorized practice of law following suspension for non-payment of bar dues, failure to communicate, neglecting to promptly release client files, failure to return unearned fees, improper withdrawal, failure to obtain written consent for representation in a case with a potential conflict of interest and lack of cooperation with the bar's investigation.

In one instance, Kelly was hired to represent a client in a civil matter in August 1992. He was suspended from the practice of law for non-payment of bar dues from August to October 1993, but continued to perform legal services during that period and did not inform his client of the suspension.

He also neglected to follow through with the client's case and consistently was remiss in answering the client's inquiries regarding the status of his case. The client eventually asked that his file be returned, as well as unearned legal fees. However, Kelly failed to promptly respond to his request for the files and by August 1995 had not returned the unearned fees.

In aggravation, Kelly's misconduct involved multiple acts of wrongdoing.

In mitigation, he has been a member of the State Bar since 1974 with no prior record of discipline.

Kelly's misconduct occurred during a period when his 23-year marriage broke up. He and his son moved out of the family home, and he experienced severe depression over the break-up of his marriage and lack of contact with his daughter, who remained with his wife.

He has accepted responsibility and expressed remorse for his law practice problems and has obtained counseling to assist him with personal problems.

RONALD E. HULTING [#86129], 53, of Saint Ann, Mio., was suspended for three years, stayed, and placed on probation for three years with 60 days actual suspension, effective Jan. 21, 1996. He also was ordered to pass the MPRE.

Hulting's misconduct involved his failure to comply with conditions of a 1994 disciplinary order. At that time, he received a one-year stayed suspension with two years probation and 30 days actual suspension for failing to abide by probation conditions of a 1992 private reproval. That disciplinary order was the result of a second conviction for driving under the influence of alcohol.

He failed to pass the CPRE, attend the bar's ethics school and enroll in the bar's substance abuse program.

Considered as an aggravating circumstance was his prior record of discipline.

In mitigation, Hulting has lived in the midwest since 1993 and was unemployed from 1992 to 1994, resulting in financial problems. He was unable to return to California to comply with probation conditions.

Since 1992, Hulting has abstained from alcohol and has received treatment at veterans hospitals in the midwest.

LOUIS SOSA FLORES [#57017], 60, of Santa Fe Springs was suspended for two years, stayed, and placed on probation for three years, with 60 days actual suspension, effective Jan. 21, 1996.

Flores was hired to represent a client and her minor daughter in a personal injury matter following an automobile accident.

A medical payment check for the client's daughter was sent to Flores, who neglected to notify the client of its receipt.

He failed to properly supervise members of his office staff, who deposited the check, but did not apprise him of its arrival. At one point, the balance of his client trust account fell below the amount of the deposited check.

He was further negligent in his failure to audit his bank records in order to uncover any discrepancies and failed to cooperate with bar investigators looking into the matter.

In aggravation, Flores has a prior record of discipline. He received a three-month stayed suspension with three months probation and one month actual suspension in 1983.

In 1992, he was suspended for one year, stayed, with three years probation and two months actual suspension.

STEVEN DENNIS BAUER [#50084], 50, of Sacramento was suspended for one year, stayed, and placed on probation for two years, effective Feb. 4, 1996.

Bauer was convicted in June 1990 of violating U.S. Code 7203, a misdemeanor, wilful failure to file tax returns for one year in the early 1980s.

In aggravation, Bauer has a prior record of discipline. In 1990, he was suspended for five years, stayed, with five years probation and an actual suspension of two years. He was disciplined for failure to perform, unauthorized practice of law and failure to cooperate with the bar's investigation.

In mitigation, Bauer cooperated with the bar's investigation of his current misconduct by obtaining confidential documentation from his criminal probation officer and the U.S. District Court.

In addition, considerable time has passed since his misconduct and he has provided sufficient proof of his rehabilitation and fitness to practice law. Excessive delay in the disciplinary proceeding was due to a bureaucratic problem and not attributable to Bauer, who reported his criminal conviction in a timely manner.

JUDITH BOWMAN [#73975], 52, of San Marino was actually suspended for three years, effective Feb. 4, 1996, and until she makes restitution and provides proof of her rehabilitation and fitness to practice law. She also was ordered to pass the CPRE and comply with Rule 955.

Bowman was found culpable of 24 counts of misconduct consisting of failure to communicate, perform services, return client papers and return unearned fees. In addition, she improperly withdrew from employment and was found culpable of two instances of moral turpitude and failing to maintain a current address with the State Bar.

In one instance, Bowman was hired to represent a client in a wrongful termination matter in January 1992. Bowman filed the lawsuit in July, but when the client attempted to contact her in October, he discovered that her telephone had been disconnected and she had moved to an undisclosed location.

In December, Bowman contacted the client with her new address and telephone number. From February 1993 to January 1994, the client attempted to contact Bowman numerous times to inquire about the status of his case, but she responded only a few times and informed him there was nothing significant to report.

She did not notify the client of significant developments in his case, including her failure to appear at status conferences and a scheduled deposition, the dismissal of the case for lack of prosection and the imposition of sanctions for her non-appearance.

Bowman did not respond to correspondence from bar investigators looking into the matter.

In its decision, the hearing judge said that Bowman's absence from the disciplinary proceedings "leaves the court with little insight into the cause of [Bowman's] misconduct after more than 18 years of practicing law without incident."

The deputy trial counsel recommended disbarment. The hearing judge agreed that the charges were serious, but disagreed with the severity of the recommended discipline based on changes in the "breadth and scope" of the original charges and Bowman's lengthy years of an unblemished law practice since admission to the bar in 1977.

RONALD DALE CONRAD [#161695], 38, of Hemet was suspended for two years, stayed, and placed on probation for two years, with 90 days actual suspension, effective Feb. 4, 1996. He also was ordered to pass the CPRE and comply with Rule 955.

Conrad's misconduct involved two client matters. In one instance, he was employed by a couple to represent them in a civil matter regarding the purchase of a motor home. At the time Conrad was a member of a law firm. Although the clients believed they were retaining the law firm, the retainer agreement prepared by Conrad identified "The law offices of Ronald D. Conrad" as the attorney.

Conrad eventually left the law firm and took the clients' file with him, but he neglected to promptly respond to their case status inquiries.

In this decision, the hearing court judge noted that Conrad's misconduct was surrounded by "dishonesty and concealment."

By removing the clients' file and taking on their representation while they assumed they were being represented by his former law firm, the court said it was "troubled by [his] dishonest practice at such an early period in his law career." Conrad was admitted to the bar in 1992.

His failure to participate in the disciplinary proceedings was considered another aggravating factor.

ERIC HOFFMAN [#142506], 48, of Oakland was suspended for one year, stayed, and placed on probation for two years on the condition that he actually be suspended for 75 days and until he makes restitution. The order took effect Feb. 4, 1996.

If the period of actual suspension exceeds two years he will remain actually suspended until he has shown proof of his rehabilitation and fitness to practice law. He also was ordered to pass the CPRE and comply with Rule 955.

In this default matter, Hoffman was found culpable of failing to communicate, perform legal services competently, properly withdraw from employment, return a client file and unearned fees, cooperate with the State Bar and maintain a current address with the bar.

His misconduct involved abandonment of three client matters dealing with immigration issues.

In one instance, Hoffman was hired by a client in May 1993 to represent her in an immigration matter, which included applying for an alien labor certification.

In December 1993, Hoffman telephoned the client to inform her he was forwarding some documents for her review and signature. The client never received the documents and was unsuccessful in contacting Hoffman, despite many telephone calls and faxes sent to him.

The client eventually hired another attorney, but they were both unsuccessful in reaching Hoffman to request return of the client's file.

As of April 1995, Hoffman had not contacted either the client or the new attorney, refunded any unearned fees or returned the client's files.

Although Hoffman represented to a State Bar investigator in July 1994 that he was ill, he did not present evidence linking his illness to the misconduct. The hearing judge concluded that his lack of explanation and failure to appear at the disciplinary proceedings show that Hoffman "is unwilling and unable to accept professional obligations and responsibilities."

NANCY LEE KELSO [#53880], 52, of Acton was suspended for one year, stayed, and placed on probation for two years, effective Feb. 4, 1996. She was ordered to pass the CPRE.

Kelso's misconduct involved multiple acts of wrongdoing, three clients and a repeated lack of communication.

In one instance, Kelso was employed by a couple to handle a bankruptcy matter. She deposited the clients' checks into her general account rather than her client trust account. She did some legal work on the case, but failed to file the bankruptcy petition. The couple had problems communicating with Kelso and unsuccessfully attempted to have Kelso confirm that she was working on their case.

Kelso neglected to tell her clients that she did not follow through with the bankruptcy matter because of the press of other matters, and she did not respond to the reasonable status inquiries of the clients.

Kelso eventually returned the legal fees and the completed bankruptcy petition to the clients after a complaint was filed with the State Bar.

In mitigation, Kelso was admitted to the bar in 1972 and has no prior record of misconduct. She suffered from depression in 1993 and has been in continuous treatment from a psychotherapist since December 1994.

She also provided a range of witnesses who attested to her good character.

During the period of her misconduct, Kelso was very involved in community activities, serving as a school district trustee during a particularly contentious time and devoting numerous pro bono hours to the community.

GARY STEVEN KLEINMAN [#85232], 42, of Encino was suspended for 30 days, stayed, and placed on probation for six months, effective Feb. 4, 1996.

Kleinman was hired to represent a client who claimed a medical provider had released his medical records to his employer without his permission. While in the process of arranging for arbitration, Kleinman learned that the client had in fact authorized the release of his medical records. He requested that the client provide him with an explanation, but did not perform any additional work on the case.

He did not inform his client that he would no longer represent him and withdrew from the case without taking reasonable steps to protect the future interests of his client.

In aggravation, Kleinman received a public reproval in December 1992 and a six-month stayed suspension in October 1994.

In mitigation, he cooperated fully with the bar's investigation.

LAZARO J. MACHADO [#134209], 39, of Garden Grove was suspended for three years, stayed, and placed on probation for three years, effective Feb. 4, 1996, on the condition that he actually be suspended for nine months and until he makes restitution.

If the period of actual suspension equals or exceeds two years, he will remain suspended until he has shown proof of his rehabilitation and fitness to practice law. He also was ordered to pass the CPRE.

Machado's conduct involved multiple acts of wrongdoing and affected eight different clients.

In one instance, Machado took over another attorney's practice and filed a complaint on behalf of a client in a personal injury matter. However, he neglected to prosecute the case and communicate with his client. He failed to make a scheduled court appearance and the case was dismissed by the court.

The client was never informed of the dismissal and was told by the office administrator that another attorney had taken over the case at Machado's request.

He failed to inform the client of the change and did not execute a substitution of attorney.

In aggravation, his misconduct significantly harmed one of his clients and affected eight other clients.

In mitigation, Machado was admitted to the bar in 1988 and opened a law office in Garden Grove in 1989, followed by a second office in Bell in 1990. In 1992, when the caseloads of two offices became burdensome, he arranged for another attorney to handle the Bell office. However, he failed to notify some of his clients of the attorney substitution and the new attorney failed to follow through on some substitution matters.

In 1993, when the other attorney left the Bell office, Machado attempted to straighten out his files and contact clients to rectify the confusion.

No harm resulted to clients in three cases and in two of those, he successfully completed legal work, despite his failure to communicate.

Machado acted in good faith, cooperated fully with the bar's investigation and presented a number of testaments to his good character from members of the general and legal community.


INTERIM SUSPENSION

MICHAEL REX SHEAN [#62747], 48, of Santa Maria was placed on interim suspension effective Dec. 30, 1995, following his felony conviction of violating Penal Code 288(a), a lewd act upon a child under the age of 14 years, a crime of moral turpitude. He was ordered to comply with Rule 955.

MICHAEL ELI KASSAN [#68193], 45, of Beverly Hills was placed on interim suspension effective Jan. 1, 1996, following his conviction of violating Penal Code 487(a), grand theft, a crime of moral turpitude. He was ordered to comply with Rule 955.

EUGENE TOM [#96214], 46, of San Francisco was placed on interim suspension effective Jan. 1, 1996, following his conviction of violating Title 18, U.S. Code 641, theft of government funds, a crime of moral turpitude. He was ordered to comply with Rule 955.

WALTER LEE McELRAVY III [#77372], 46, of San Diego was placed on interim suspension effective Jan. 1, 1996, following his conviction of violating Title 18, U.S. Code 152, 153 and 1341, crimes involving moral turpitude. He was ordered to comply with Rule 955.

ANDREW TODD BERNKNOPF [#158998], 32, of Santa Monica was placed on interim suspension effective Jan. 1, 1996. Bernknopf was convicted of violating Penal Code 243(d), battery with serious bodily injury, a felony. He was ordered to comply with Rule 955.


RESIGNATION/CHARGES PENDING

FERNANDO GARCIA [#59391], 49, of Oakland (Jan. 11, 1996)

NEIL MacKENZIE SCHWARTZ [#67456], 46, of Garden Grove (Jan. 12, 1996)

GEORGE DEMETRIUS KARALIS [#127520], 50, of San Francisco (Jan. 12, 1996)

SHERYLL LAYNE MYRDALL [#86507], 45, of Fullerton (Jan. 21, 1996)

JAMES HUSTON TOMS [#49826], 50, of Hendersonville, N.C. (Jan. 21, 1996)

ROBERT JEFFREY COHEN [#148866], 38, of Sacramento (Jan. 21, 1996)

BARBARA A. BAKER [#142154], 44, of Sheridan, Wyo. (Feb. 4, 1996)

JACK B. MOATTAR [#127768], 34, of Encino (Feb. 4, 1996)

STUART NEIL MEADOWS [#85243], 45, of Woodland Hills (Feb. 4, 1996)


SUSPENSION/FAILURE TO PASS PRE

MARK R. POVRAZNIK [#153629], 35, of Sherman Oaks (Jan. 5, 1996)

FRED MURRAY NELSON [#28736], 73, of St. Louis, Mo. (Jan. 10, 1996)

GLENN HUEY HEINE [#66161], 52, of Sacramento (Jan. 10, 1996)

MARTIN J. McDONAGH [#101086], 40, of Los Angeles (Jan. 10, 1996)


PUBLIC REPROVAL

JAMES C. LOPEZ [#153229], 38, of Campbell (Oct. 4, 1995)

GREGORY J. ANTONE [#60451], 46, of Burlingame (Nov. 18, 1995)


INVOLUNTARY INACTIVE ENROLLMENT

PETER ADRIAN ACUNA [#90636], 49, of Alhambra (Jan. 20, 1996)


CORRECTION

California Bar Journal incorrectly reported in its February 1996 issue that RALPH DANIEL DRAYTON [#23968], 67, of Sacramento was suspended on Dec. 20, 1995, for failure to pass the CPRE. The State Bar Court stayed the suspension order on Dec. 21, pending the results of the April 1996 examination.

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