Gabriel Frederick Fagiani was admitted to the California Bar 16th December 1991, but has since been disbarred. Gabriel graduated from Southwestern University SOL.

Lawyer Information

NameGabriel Frederick Fagiani
First Admitted16 December 1991 (33 years, 6 months ago)
StatusDisbarred
Bar Number156043

Contact

Phone Number818-981-9721
Fax Number818-981-5371

Schools

Law SchoolSouthwestern University SOL (Los Angeles CA)
Undergraduate SchoolUniversity of Southern Calif (Los Angeles CA)

Address

Current Address15915 Ventura Blvd #301
Encino, CA 91436
Map

History

1 March 2001Disbarred (24 years, 3 months ago)
Disbarment 97-O-12448
22 September 2000Not eligible to practice law in CA (24 years, 9 months ago)
Ordered inactive 97-O-12448
2 July 2000Not eligible to practice law in CA (24 years, 11 months ago)
Discipline w/actual suspension 97-O-12124
18 May 2000Not eligible to practice law in CA (25 years, 1 month ago)
Ordered inactive 97-O-12448
30 March 2000Disciplinary charges filed in State Bar Court 97-O-12448 (25 years, 2 months ago)
17 December 1999Law Practice Restricted 99-TE-11720 (25 years, 6 months ago)
6 February 1998Disciplinary charges filed in State Bar Court 97-O-12124 (27 years, 4 months ago)
17 October 1997Conviction record transmitted to State Bar Court 97-C-14939 (27 years, 8 months ago)
16 December 1991Admitted to the State Bar of California (33 years, 6 months ago)

Discipline Summaries

March 1, 2001

GABRIEL F. FAGIANI [#156043], 35, of Encino was disbarred March 1, 2001, and ordered to comply with rule 955.

In a default proceeding, the State Bar Court found that Fagiani committed 31 counts of misconduct in 12 separate cases, including 13 acts of moral turpitude. He misappropriated client funds, committed other trust account violations, attempted to bribe a client into withdrawing a complaint to the bar, split fees with a non-lawyer and failed to perform legal services competently.

In a legal malpractice case, Fagiani represented a client who had employed two other attorneys previously. He received a $250,000 settlement and agreed to pay each of the other lawyers $41,666.50. Although he paid one, he never paid the other.

When the client said she intended to report Fagiani’s misconduct to the bar, he threatened to reveal confidences she had disclosed as part of the attorney-client relationship. He then sent letters to three government agencies, including the IRS, informing them the client had obtained but did not report a large settlement and that she bought a home in her brother’s name to avoid judgments and taxes.

Fagiani settled a personal injury claim for $15,000 without his client’s authorization but did not disburse any funds to the client or her lienholders.

He settled a contract claim for $8,500, did not give any money to the client or pay the lienholder, told the client the settlement money had been stolen from his bank account and stopped answering the client’s phone calls and letters. Eventually he paid the client an amount larger than the settlement in exchange for a promise to withdraw a complaint to the bar.

Fagiani also wrote numerous checks against insufficient funds and used client funds to pay two non-lawyers more than $100,000.

Fagiani was disciplined last year for misappropriation, failure to maintain client funds in a trust account or promptly pay out client funds, and for conviction of a crime involving moral turpitude. He was convicted in 1997 in Orange County of trespass.

In recommending Fagiani’s disbarment, bar court Judge Eugene Brott said he had “no reason to believe that respondent could or would conform his behavior to the ethical rules.”

July 2, 2000

GABRIEL FREDERICK FAGIANI [#156043], 35, of Encino was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he makes restitution and proves his rehabilitation, and was ordered to take the MPRE and comply with rule 955. The order took effect July 2, 2000.

The State Bar Court found that Fagiani committed misconduct in two matters and that the facts and circumstances surrounding a conviction for trespass involved moral turpitude.

In the first matter, Fagiani represented a client in a personal injury case and settled the case for $11,000. He gave the client $3,200 as her share, kept $4,000 as his fee and wrote a check for $2,000 to a chiropractor. That check bounced, however, and the court found Fagiani’s explanation not credible. He had testified that the chiropractor agreed to not cash the check for several days, waiting for the settlement check to clear, but then negotiated the check early. Bank records did not support Fagiani’s testimony about when he deposited the funds.

In the second matter, Fagiani did not pay his client’s share of settlement funds, nor did he respond to calls or a letter. When the client moved and instructed Fagiani to pay the funds to his mother, Fagiani claimed he paid the mother $940 in cash and produced a receipt he said she signed.

The mother denied receiving any funds and a handwriting expert said the signature on the receipt did not match the mother’s signature.

The client died before receiving any funds.

In a third matter, Fagiani was accused of shoplifting at Disneyland and was charged with petty theft. When he failed to appear in court, a bench warrant was issued, he appeared, was cited for contempt and was fined $250.

Fagiani eventually pleaded no contest to trespass but said the plea was made for purposes of expediency rather than because he was guilty. He was placed on informal probation and was ordered to pay a $940 fine. His claim to have paid the fine in cash was disputed by a court accounting manager, who also said the receipt he presented was not a court receipt.

The bar court found Fagiani’s explanation of how the item from Disneyland (a $38 Snow White figurine of “Happy” the dwarf) came to be in his possession not credible and concluded he took it without paying for it.

In mitigation, Fagiani admitted he made mistakes and stated that he had taken steps to rectify his trust accounting problems. He voluntarily attended the bar’s trust accounting school.

The court found, however, “several instances of fabrication” by Fagiani and noted that one client died waiting to receive his share of settlement funds.