Riverside, CA 92507-6321
15 January 2023 | Inactive (2 years, 5 months ago) |
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21 June 2011 | Active (13 years, 12 months ago) |
14 May 2011 | Not eligible to practice law in CA (14 years, 1 month ago) Discipline w/actual suspension 04-O-11994 |
3 June 1983 | Admitted to the State Bar of California (42 years ago) |
May 14, 2011 MARC STEVEN COLEN [#108275], 61, of Agoura Hills was suspended for 18 months, stayed, placed on three years of probation with a 30-day actual suspension and he was ordered to take the MPRE within one year. The order took effect May 14, 2011. Colen successfully completed the Alternative Discipline Program after stipulating to misconduct in two matters. He demonstrated a connection between his mental health issues and his misconduct.He stipulated that in one matter he breached his duty of confidentiality and asked a client to withdraw his complaint with the State Bar as a condition for settling his case, and in the second matter he failed to avoid representing adverse interests. Colen represented Douglas Markham, who wrote a book called “Beyond Atkins.†As the book gained national prominence, Colen did more work and agreed to be paid with 10 percent of the revenue generated by his client’s health project, less printing costs for the book. When Markham discovered he had not properly credited other authors whose material he included in the book, Colen said they would correct the oversight in the next printing. Colen contends the oversight was not inadvertent and could not have been corrected through footnotes in a subsequent printing.Markham fired Colen, who, the next day, emailed 16 business contacts indicating that he had terminated the relationship for reasons he could not disclose. He said he did not want to be associated with Markham or his book and referred the email recipients to the material that had not been properly credited. However, Markham had not waived attorney-client confidentiality and Colen’s actions caused him embarrassment.Markham sued Colen for malpractice, breach of contract and interference with contract, a complaint that eventually was settled without any monetary payment. However, Colen required that as part of the settlement, Markham withdraw his complaint to the State Bar.In the other matter, Colen represented a Hollywood producer who planned to produce a documentary about Rin Tin Tin. Although he acknowledged in the fee agreement that conflicts might develop, he didn’t notify the parties in writing that they could seek independent legal advice prior to executing the retainer.He eventually represented the producer in a lawsuit filed against one of the individuals who had originally hired the producer. Colen eventually recommended that the producer hire a different lawyer.Colen cooperated with the bar’s investigation and had no discipline record since his 1983 admission to the bar. |