San Jose, CA 95161-1388
3 April 2011 | Active (14 years, 1 month ago) |
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1 February 2011 | Not eligible to practice law in CA (14 years, 3 months ago) Actual Suspension Delayed 09-O-11622 |
18 November 2010 | Probation with conditions 09-O-11622 (14 years, 5 months ago) |
24 February 2007 | Discipline, probation; no actual susp. 00-O-14753 (18 years, 2 months ago) |
31 May 2002 | Active (22 years, 11 months ago) |
2 May 2002 | Not eligible to practice law in CA (23 years ago) Ordered inactive 00-O-14753 |
7 March 2002 | Disciplinary charges filed in State Bar Court 00-O-14753 (23 years, 2 months ago) |
3 December 1982 | Admitted to the State Bar of California (42 years, 5 months ago) |
November 20, 2010 JEFFREY ALAN BERGER [#104227], 55, of San Jose was suspended for two years, stayed, placed on three years of probation with a 60-day actual suspension and he was ordered to take the MPRE within one year. The order took effect Nov. 20, 2010. Berger stipulated that he committed four acts of misconduct in a divorce case in which he represented the wife. Although he won an order for temporary spousal support for his client, he took no action to enforce the order. When the opposing lawyer filed a request to enter Berger’s client’s default, Berger failed to respond or do any further work. Over a six-month period, Berger did not respond to his client’s numerous e-mails and phone calls. When she fired him, he didn’t return her file.He stipulated that he failed to perform legal services competently, respond to client inquiries, return a client’s file or cooperate with the bar’s investigation.Berger has a prior record of discipline that includes similar misconduct: failures to perform legal services competently, return client files, maintain client records or cooperate with the bar’s investigation, and he committed acts of moral turpitude.In mitigation, he cooperated with the bar’s investigation.February 24, 2007 JEFFREY ALAN BERGER [#104227], 51, of San Francisco was suspended for two years, stayed, placed on three years of probation and was ordered to prove his rehabilitation and take the MPRE within one year. The order took effect Feb. 24, 2007. Berger successfully completed the State Bar Court’s alternative discipline program after he stipulated to 12 counts of misconduct in four client matters. The court found that his misconduct was the result of substance abuse; he participated for three years in the bar’s Lawyer Assistance Program and has committed to a five-year participation agreement.Berger’s misconduct included misappropriating $6,000 that he was holding in trust for a client’s medical bill and failing to perform legal services competently, communicate significant developments to his clients or respond to their status inquiries, return client files or cooperate with the bar’s investigation.He practiced law for 15 years without discipline prior to the start of the misconduct. |