Otto Ivan Pena was admitted to the California Bar 11th June 1996, but has since been disbarred. Otto graduated from Western State University COL.

Lawyer Information

NameOtto Ivan Pena
First Admitted11 June 1996 (27 years, 10 months ago)
StatusDisbarred
Bar Number182379

Contact

Phone Number213-479-5960
Fax Number213-736-5912

Schools

Law SchoolWestern State University COL (Fullerton CA)
Undergraduate SchoolWestern State University (Fullerton CA)

Address

Current Address2625 W Cherry Ave
Fullerton, CA 92833-3513
Map
Previous AddressPO Box 2862
Fullerton, CA 92837

History

2 April 2011Disbarred (13 years ago)
Disbarment 07-O-10401
25 October 2010Not eligible to practice law in CA (13 years, 6 months ago)
Ordered inactive 07-O-10401
14 October 2005Active (18 years, 6 months ago)
16 July 2005Not eligible to practice law in CA (18 years, 9 months ago)
Discipline w/actual suspension 03-O-04798
14 March 2005Active (19 years, 1 month ago)
12 February 2005Not eligible to practice law in CA (19 years, 2 months ago)
Discipline w/actual suspension 02-O-13938
17 September 2004Active (19 years, 7 months ago)
1 December 2003Not eligible to practice law in CA (20 years, 5 months ago)
Suspended, failed to pass Prof.Resp.Exam 01-H-04165
17 August 2002Discipline, probation; no actual susp. 01-H-04165 (21 years, 8 months ago)
24 September 2000Public reproval with/duties 00-O-12090 (23 years, 7 months ago)
11 June 1996Admitted to the State Bar of California (27 years, 10 months ago)

Discipline Summaries

April 2, 2011

OTTO IVAN PENA [#182379], 44, of Fullerton was disbarred April 2, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court.

The State Bar Court found that Pena engaged in the unauthorized practice of law, failed to obey a court order, committed acts of moral turpitude and improperly withdrew from employment. Because he has been disciplined three times previously, the court recommended his disbarment.

Pena was suspended and ordered to comply with rule 955 of the California Rules of Court (since renumbered as rule 9.20) in 2005, while he was handling an immigration case. Four days after the suspension began, he worked on the immigration case and never told his client about his status. He also submitted the required affidavit to the bar court, but falsely claimed he notified his clients of his suspension.

Prior disciplines include a public reproval in 2000 for failure to perform legal services competently or keep his client advised of significant developments. When he did not comply with probation conditions, he was suspended in 2002. Three years later, he was disciplined for failing to communicate with clients.

In mitigation, he cooperated with the bar’s investigation.

July 16, 2005

OTTO I. PENA [#182379], 38, of Fullerton was suspended for three years, stayed, placed on three years of probation with a 90-day actual suspension and was ordered to comply with rule 955. The order took effect July 16, 2005.

Pena stipulated to misconduct in two matters.

In the first, he commingled personal and client funds in his client trust account and failed to maintain client funds in the account.

In the second, he represented a client in a DUI and an immigration matter. He successfully completed the DUI case, but came late to the immigration hearing, was unprepared and did not raise a key issue. The client was ordered deported.

Pena filed a notice of appeal instead of a motion to reopen or a motion to reconsider, so it was rejected.

He stipulated that he failed to perform legal services competently.

Pena has been disciplined three times previously. He received a public reproval in 2000 for failing to perform legal services competently or communicate with a client, and in 2002 he was suspended for not complying with the conditions of his probation.

Earlier this year, he stipulated that, in two cases, he failed to keep clients informed of developments in their cases.

In mitigation, Pena cooperated with the bar’s investigation.

February 12, 2005

OTTO IVAN PENA [#182379], 38, of Fullerton was suspended for two years, stayed, placed on two years of probation with a 30-day actual suspension and was ordered to take the MPRE within one year and prove his rehabilitation. The order took effect Feb. 12, 2005.

Pena stipulated to misconduct in two cases. He settled a personal injury contingency fee case for $30,000, deposited a check for that amount in his client trust account and gave the client just over $10,000 as her share of the settlement. Pena also settled the client’s medical bill, but did not inform her.

In another personal injury case, he provided his client his share of the settlement proceeds, but did not respond to the client’s doctor’s numerous phone calls about his bill. He did not tell his client about the doctor’s calls or inform him when he paid the bill.

Pena stipulated that in both matters, he failed to keep clients informed of developments in their cases.

Pena was publicly reproved in 2000 for failing to perform legal services competently or communicate with a client. In 2002, he was suspended for not complying with the conditions of his probation.

In mitigation, he cooperated with the bar’s investigation and took steps to demonstrate his remorse.

August 17, 2002

OTTO PENA [#182379], 46, of Fullerton was suspended for 30 days, stayed, placed on one year of probation and was or-dered to take the MPRE within one year. The order took effect Aug. 17, 2002.

Pena was publicly reproved in 2000, but failed to comply with probation conditions by not taking the professional responsibility exam or attending ethics school.The reproval was the result of his failure to perform legal services competently or communicate with a client.

In mitigation, he had signed up for the exam but had a family emergency. He also made restitution to a client.