Long Beach, CA 90808
12 November 2010 | Disbarred (14 years, 5 months ago) Disbarment 06-O-10034 |
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22 October 2009 | Not eligible to practice law in CA (15 years, 6 months ago) Ordered inactive 06-O-10034 |
10 July 2008 | Active (16 years, 9 months ago) |
31 August 2007 | Not eligible to practice law in CA (17 years, 8 months ago) Ordered inactive 06-O-10034 |
21 September 2004 | Active (20 years, 7 months ago) |
16 September 2004 | Not eligible to practice law in CA (20 years, 7 months ago) Suspended, failed to pay fees |
7 November 2003 | Active (21 years, 6 months ago) |
16 September 2003 | Not eligible to practice law in CA (21 years, 7 months ago) Suspended, failed to pay fees |
30 April 2003 | Active (22 years ago) |
31 July 2002 | Not eligible to practice law in CA (22 years, 9 months ago) Discipline w/actual suspension 01-O-00897 |
5 November 2001 | Active (23 years, 6 months ago) |
12 September 2001 | Disciplinary charges filed in State Bar Court 01-O-00897 (23 years, 7 months ago) |
6 September 2001 | Not eligible to practice law in CA (23 years, 8 months ago) Discipline w/actual suspension 00-O-10770 |
11 June 1990 | Admitted to the State Bar of California (34 years, 11 months ago) |
November 12, 2011 JOSEPH MEIR RIBAKOFF [#146573], 55, of Long Beach was disbarred Nov. 12, 2010, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Ribakoff committed three acts of misconduct while defending a client in a civil case and he failed to comply with probation conditions attached to a 2002 discipline order.A client wrote him a check for $3,000 and a second check for $296.20 for costs after he drove to her house at 10:45 p.m. Ribakoff deposited the checks in a credit union account that he designated as a client trust account, even though it was not a true trust account. Although he prepared an answer and cross-complaint, he did not file either pleading and the client fired him. She hired a new lawyer and asked Ribakoff to refund the unearned fees.He billed the client for $1,530; when she objected he suggested fee arbitration. The client later demanded $2,696.29; because of the dispute, Ribakoff was obliged to retain that amount in a trust account, but he didn’t do so. He obtained a money order for the client for an amount less than the balance in his account but he never sent the money to her.The bar court found that Ribakoff failed to deposit or maintain client funds in a trust account, and he failed to refund unearned fees.In a second matter, he did not comply with the requirements of a disciplinary probation imposed in 2002. He did not file three quarterly reports, make restitution to two individuals or complete continuing education courses.In mitigation, he helped with various worthy causes, including working for human rights organizations, during his career.In recommending Ribakoff’s disbarment, Judge Richard Honn noted his “extensive†disciplinary record as well as a matter pending in the Alternative Discipline Program. “In particular,†Honn wrote, “the court notes that (Ribakoff) again failed to promptly return unearned fees although he had previously been disciplined twice for such misconduct. Furthermore, the court is particularly troubled by the fact that (Ribakoff) engaged in misconduct while on probation for earlier misconduct.â€July 31, 2002 JOSEPH MEIR RIBAKOFF [#146573], 46, of Long Beach was suspended for two years, stayed, placed on four years of probation with a nine-month actual suspension, and was ordered to prove his rehabilitation, make restitution and comply with rule 955. The order took effect July 31, 2002. Ribakoff stipulated to misconduct in four cases.He represented a client in an administrative appeal of the denial of long-term disability benefits by an insurance company. He notified his client that the appeal was denied and advised him of the option to pursue litigation. The client decided to do so, paying Ribakoff $1,500 in fees and agreeing to a contingency fee of 25 or 35 percent of any settlement, less the $1,500.Ribakoff did not file suit or return the client's phone calls over a three-month period. When the client finally reached him, Ribakoff asked for another chance to handle the matter and sent a letter promising to perform services and return phone calls within one business day. Over a later four-month time period, Ribakoff did not return approximately 23 phone calls. When the client fired him, he also did not refund the advance fees.In a second matter, Ribakoff was retained to represent a client in two matters. After researching one of the matters, he determined filing a lawsuit was not appropriate. However, the client believed a suit had been filed and he fired Ribakoff when he learned it had not. Ribakoff did not return the files promptly, nor did he refund unearned fees.A couple paid Ribakoff $2,000 in advance fees to file suit against an insurance company for denying disability benefits for the wife. He also handled a matter regarding the wife's longterm disability carrier.Ribakoff never filed a complaint against the insurance company, but told the client he had and said he was awaiting a court date. He did not return his clients' numerous phone calls, return their file or refund unearned fees.Ribakoff was replaced by another attorney in another case, but never provided an accounting to the client of the $2,250 advance fee.Ribakoff stipulated that he failed to respond to client inquiries or keep clients informed of developments in their cases, he failed to refund unearned fees, release client files, perform legal services competently, take steps to avoid prejudice to his client, account for client funds or cooperate with the bar's investigation. He also made misrepresentations to a client, committing acts of moral turpitude.He also was suspended and placed on probation in 2001 for failure to perform legal services competently, promptly refund unearned fees or communicate with clients, and he committed acts of moral turpitude.In mitigation, Ribakoff was under severe financial stress at the time of the misconduct.September 6, 2001 JOSEPH MEIR RIBAKOFF [#146573], 45, of Long Beach was suspended for one year, stayed, placed on four years of probation with an actual 60-day suspension and was ordered to make restitution and take the MPRE within one year. The order took effect Sept. 6, 2001. Ribakoff stipulated to misconduct in two cases.In the first, he represented a client in several legal matters relating to an apartment building partnership. The client paid Ribakoff $5,000 and asked him to initiate formal litigation to dissolve the partnership. His check for the filing fee was returned, however, and the court ordered him to pay within 20 days or the filing would be voided.When the client demanded a meeting because she was frustrated about the lack of progress, Ribakoff promised to repay the advance fee at a rate of $500 a month and to continue the case on a contingency basis. When the court scheduled a notice to show cause hearing, Ribakoff did not notify the client. The court issued another return check notice.The client hired a new attorney and asked for a return of unearned fees. Although Ribakoff finally paid the filing fee, the client obtained a small claims judgment against him for $5,048, which he did not pay.Ribakoff stipulated that he failed to perform legal services competently, refund advance fees or keep his client informed of developments in her case.In the second matter, he was paid a $3,000 advance fee to handle an ERISA claim for a client and his wife. He told the client the complaint had been filed when it was not, and then did not respond to three requests by the client for a copy of the complaint. The client eventually learned no complaint was filed when he visited the court.He demanded a refund of his fee and complained to the State Bar.Nine months after Ribakoff said he filed a complaint, he did file a complaint, but in the wrong county. When the court issued an order to show cause, Ribakoff filed a declaration identifying himself as counsel for the clients, although he was no longer their attorney.He stipulated that he failed to provide competent legal services, refund an unearned fee or respond to client inquiries. His misrepresentations to his client and the court were acts of moral turpitude.In mitigation, he cooperated with the bar’s investigation, he had financial hardship at the time of the misconduct and suffered from a serious undiagnosed medical condition. Because he had no medical insurance, he was unable to obtain care and was distracted from the performance of his legal duties. |