Los Angeles, CA 90020
12 March 2009 | Resigned (16 years, 1 month ago) |
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18 September 2006 | Not Eligible To Practice Law in CA (18 years, 7 months ago) |
9 January 1962 | Admitted to The State Bar of California (63 years, 4 months ago) |
September 23, 2007 SHELDON GILBERT BARDACH [#32057], 70, of Los Angeles was suspended for five years, stayed, placed on five years of probation with an 18-month actual suspension and was ordered to make restitution, take the MPRE and comply with rule 9.20. The order took effect Sept. 23, 2007. Bardach stipulated that he did not comply with conditions of a 2005 public reproval by not submitting to the State Bar proof of his attendance at ethics school or restitution to a client. The discipline was imposed for entering into a business transaction with a client without advising the client to seek independent legal advice and for failing to comply with conditions attached to a 2003 private reproval.The original discipline was imposed for failing to refund unearned fees. In addition, Bardach was suspended in 2006 for failing to perform legal services competently or maintain funds in a client trust account.In mitigation, he cooperated with the bar’s investigation and he has had severe financial and marital problems.October 7, 2006 SHELDON GILBERT BARDACH [#32057], 69, of Los Angeles was suspended for five years, stayed, placed on five years of probation with a one-year actual suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect Oct. 7, 2006. Bardach stipulated that he failed to perform legal services competently, properly maintain client funds in a client trust account and he misappropriated $2,594 from a client.Bardach took over a personal injury case after the client rejected two settlement offers. The previous lawyer maintained a lien on any settlement funds and instructed the insurance company to list his firm as a payee on any settlement checks.After rejecting a third settlement, the client accepted a fourth offer. Bardach received the $14,400 settlement check and requested authorization from the previous law firm to endorse it on their behalf. He also was aware of a $4,550 doctor bill and was responsible for negotiating a reduction on his client’s behalf.The doctor obtained a small claims judgment against Bardach after he failed to resolve the lien; it has not been paid. He allowed the balance in his trust account to fall below the required amount.Bardach has been previously disciplined with a private reproval and a public reproval for failing to make restitution and entering into a business transaction with a client without advising the client to seek independent legal advice.In mitigation, Bardach practiced for almost 36 years without any discipline. His wife, who was his office manager for 13 years, left, setting the stage for accounting and administrative errors in the office. Bardach was under severe financial stress and also had emotional and health problems. He cooperated with the bar’s investigation. |