Carmel, CA 93923
13 July 2006 | Disbarred (18 years, 11 months ago) Disbarment 04-O-14008 |
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30 January 2006 | Not eligible to practice law in CA (19 years, 4 months ago) Ordered inactive 04-O-14008 |
15 October 2005 | Not eligible to practice law in CA (19 years, 8 months ago) Ordered inactive 04-O-14008 |
19 July 2005 | Disciplinary charges filed in State Bar Court 04-O-14008 (19 years, 11 months ago) |
17 December 2004 | Not eligible to practice law in CA (20 years, 6 months ago) Discipline w/actual suspension 03-O-03259 |
23 February 2004 | Not eligible to practice law in CA (21 years, 4 months ago) Ordered inactive 03-O-03259 |
9 December 2003 | Disciplinary charges filed in State Bar Court 00-O-12582 (21 years, 6 months ago) |
20 November 2002 | Active (22 years, 7 months ago) |
1 January 2001 | Inactive (24 years, 5 months ago) |
3 June 1983 | Admitted to the State Bar of California (42 years ago) |
July 13, 2006 LAURA PADILLA BERGER [#108045], 57, of Carmel was disbarred July 13, 2006, and was ordered to comply with rule 955. In a default proceeding, the State Bar Court found that Berger committed six acts of misconduct, including an act of moral turpitude, in three matters.In January 2001, she was hired to handle a divorce case and subsequently provided legal advice for the next six months. In August, Berger requested inactive status with the bar and asked that the change be retroactive to Jan. 1. According to the bar court, Berger changed her status in order to avoid a suspension for nonpayment of bar dues. When she filed the request, she was aware that attorneys are not entitled to retroactive enrollment as inactive members for any time during which they practiced law.She continued to handle the divorce matter and did not inform her client she was ineligible to practice. She returned to active status in November 2002.In 2004, when her client requested her file, Berger never provided it.The court found that she committed an act of moral turpitude, failed to keep a client informed of significant developments in her case and did not withdraw from the case while inactive.In a second matter, she accepted $4,500 in fees to mediate a dissolution. Although the matter proceeded routinely for 14 months, Berger stopped working on the case without notice.Berger also did not keep her address up to date with the bar and she did not comply with a rule 955 requirement that was part of a 2004 discipline. That matter was the result of her failure to perform legal services competently, communicate with clients, return unearned fees, render an accounting or return a client file, and she improperly withdrew from representation.In recommending Berger's disbarment, bar court Judge Pat McElroy wrote, "In addition to willfully violating the Supreme Court's order requiring her to give notice of her prior disciplinary suspension, (Berger) has also committed multiple acts of misconduct, including an act of moral turpitude and intentional dishonesty . . . Such misconduct further demonstrates (her) inability to conform to professional norms and a lack of concern for potential harm to her clients and the public."December 17, 2004 LAURA P. BERGER [#108045], 56, of Carmel was suspended for two years, stayed, actually suspended for 90 days and until she makes restitution and the State Bar Court grants a motion to terminate the suspension, and was ordered to take the MPRE and comply with rule 955. If the actual suspension exceeds two years, she must prove her rehabilitation. The order took effect Dec. 17, 2004. In a default matter, the State Bar Court found that Berger committed seven acts of misconduct in a divorce case, including failure to perform legal services competently, refund unearned fees, communicate with her client, render an accounting, return client files or cooperate with the bar’s investigation and she improperly withdrew from employment.Berger prepared some documents in the case but did not file them and then abandoned her office without telling anyone. The client called her at least a dozen times without getting a response, sent a certified letter, and asked her to refund any unused portion of the $3,500 advance fee. She did not respond.The client was forced to hire a new lawyer. After her employment ended, Berger filed a proof of service of summons indicating that around the time she was fired, a process server had served her client’s wife with the dissolution petition and a substitution of attorney. Berger never told her client she had served his wife.In mitigation, Berger had no record of discipline in 20 years of practice. |