Newport Beach, CA 92658-9706
3 August 2013 | Active (11 years, 9 months ago) |
---|---|
17 April 2011 | Not eligible to practice law in CA (14 years ago) Discipline w/actual suspension 08-C-11120 |
31 August 2009 | Conviction record transmitted to State Bar Court 08-C-11120 (15 years, 8 months ago) |
29 June 2006 | Not eligible to practice law in CA (18 years, 10 months ago) Discipline w/actual suspension 02-O-10638 |
16 September 2003 | Active (21 years, 7 months ago) |
17 August 2003 | Not eligible to practice law in CA (21 years, 8 months ago) Discipline w/actual suspension 02-O-10358 |
15 August 2002 | Disciplinary charges filed in State Bar Court 02-O-10358 (22 years, 8 months ago) |
25 November 1997 | Admitted to the State Bar of California (27 years, 5 months ago) |
April 17, 2011 DANIEL EDOUARD CHIEN [#190061], 42, of Newport Beach was suspended for three years, stayed, placed on three years of probation with a two-year actual suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect April 17, 2011. Chien stipulated that in two matters, he failed to maintain client funds in trust and in a third matter, he was convicted of misdemeanor capping. A rogue employee paid for the referral of a personal injury case to Chien’s office without his knowledge.In the trust account matters, he failed to maintain the balance of settlement funds for two clients. In mitigation, he cooperated with the bar’s investigation, presented evidence of his good character and has done extensive volunteer work. However, he has been disciplined twice previously. He was suspended in 2003 after stipulating that he misappropriated client funds, an act involving moral turpitude, and failed to maintain client funds in trust. He was suspended again in 2006 after stipulating to 17 acts of misconduct in six matters, some resulting from his association with a non-lawyer whose actions involved dishonesty.June 29, 2006 DANIEL EDOUARD CHEN [#190061], 37, of Newport Beach was suspended for three years, stayed, placed on four years of probation with an actual two-year suspension, and was ordered to prove his rehabilitation, make restitution and comply with rule 955. The order took effect June 29, 2006. Chen stipulated to 17 acts of misconduct in six matters, some resulting from his association with a non-lawyer whose actions involved dishonesty.Chen was the chief executive officer, chief financial officer and secretary of Thunderdome, A Law Corporation (TLC), in West Covina. His primary office was elsewhere, however, and he spent little time in West Covina. Chen maintains that Luis Salas, his non-attorney associate, opened another office in Riverside without his knowledge.Salas already worked at the West Covina address for another lawyer who previously occupied the premises. Chen and Salas were signatories for TLC's general account.According to the stipulation, Salas prepared bankruptcy petitions falsely purporting that they were prepared in connection with TLC and listing Chen as attorney of record. He arranged for other lawyers to make appearances in the bankruptcy cases and mailed solicitations under the TLC name to persons whose homes were in foreclosure.Chen was unaware of Salas's activities. After he ended his relationship with Salas, Chen did not dissolve TLC or close its general bank account.Chen admitted that he failed to perform legal services competently by not taking sufficient steps to stop Salas from fraudulently using his identity to pursue bankruptcy cases, he aided in the unauthorized practice of law, allowed the balance in his client trust account to fall below the required amount, failed to notify clients of his receipt of settlement funds or promptly distribute the funds, and committed acts of moral turpitude through gross negligence.In one case, for example, a client was led to believe she had hired TLC to file bankruptcy after she received a solicitation from Salas. Without Chen's knowledge, Salas directed a non-attorney to present herself as a TLC representative at the client's home. The woman told the client that Chen was the attorney who could help save her home.The client later met with Salas at TLC's offices, where he told her that he would handle the bankruptcy but Chen would be in charge. The woman paid $450 of a $1,200 fee.Without Chen's knowledge, Salas filed a Chapter 13 bankruptcy petition, listing Chen as attorney of record.The court ordered Chen to collect from the client and forward current monthly payments on any debt secured by her house to the secured lienholder. Plan payments were to be sent to the trustee. Chen wasn't aware of the order because Salas concealed it.Salas received more than $1,100 for a mortgage payment but he did not send the money to the mortgage holder or deposit it in a client trust account.Salas hired another attorney to meet with the client, who provided more money for various payments. Salas kept some and gave some to the trustee.The mortgage holder filed a motion for relief from the automatic stay in the bankruptcy because it had not received the client's mortgage payments. Salas concealed the motion from Chen, who did not oppose it. The motion was granted and the bank foreclosed on the client's home.Chen also was disciplined in 2003 for mishandling his client trust account and committing an act of moral turpitude. His misconduct was the result of failing to supervise an employee.In mitigation, Chen admitted that his office management skills were deficient, he was performing extensive community service at the time of the misconduct, reported Salas' illegal activities to the authorities and has agreed to pay restitution to three clients for funds taken by Salas.August 17, 2003 DANIEL EDOUARD CHIEN [#190061], 34, of Irvine was suspended for one year, stayed, placed on one year of probation with a 30-day actual suspension and was ordered to take the MPRE within one year. The order took effect Aug. 17, 2003. Chien stipulated that in one matter, he misappropriated client funds, an act involving moral turpitude, and failed to maintain client funds in trust. He settled a personal injury claim for his client and her two minor daughters, receiving and disbursing settlement funds. However, he let the balance in his client trust account repeatedly drop below the required amount. A lawyer since 1997, Chien said that at the time of the misconduct he delegated responsibility for his trust account to an employee whom he did not adequately supervise. |