Marshall L. Bitkower was admitted to the California Bar 7th January 1971, but has since been disbarred. Marshall graduated from Southwestern University SOL.

Lawyer Information

NameMarshall L. Bitkower
First Admitted7 January 1971 (53 years, 4 months ago)
StatusDisbarred
Bar Number47478

Contact

Current Email[email protected]
Phone Number818-516-1585
Fax Number818-710-8635

School

Law SchoolSouthwestern University SOL (Los Angeles CA)

Address

Current AddressAttorney at Law, 20501 Ventura Blvd Ste 140
Woodland Hills, CA 91364
Map

History

30 July 2009Disbarred (14 years, 9 months ago)
Disbarment 06-O-11971
14 December 2008Not eligible to practice law in CA (15 years, 4 months ago)
Ordered inactive 06-O-11971
14 August 2007Disciplinary charges filed in State Bar Court 06-O-11971 (16 years, 8 months ago)
17 July 1996Active (27 years, 9 months ago)
17 June 1996Not eligible to practice law in CA (27 years, 10 months ago)
Actual Suspension Delayed 93-O-14163
18 May 1996Probation with conditions (27 years, 11 months ago)
18 July 1994Disciplinary charges filed in State Bar Court 93-O-14163 (29 years, 9 months ago)
21 November 1991Active (32 years, 5 months ago)
22 September 1982Resignation with charges pending (41 years, 7 months ago)
6 July 1981Not eligible to practice law in CA (42 years, 10 months ago)
Suspended, failed to pay fees
7 January 1971Admitted to the State Bar of California (53 years, 4 months ago)

Discipline Summaries

July 30, 2009

MARSHALL L. BITKOWER [#47478], 66, of Woodland Hills was disbarred July 30, 2009, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court.

In early 2008, Bitkower stipulated to 12 counts of misconduct in four client matters; a trial was held in May 2008 to consider mitigation and aggravation. The State Bar Court judge found that among other things, Bitkower allowed one action to be dismissed, did not file another, resulting in the statute of limitations running, and he misappropriated funds held to pay a doctor.

In each matter, wrote Judge Donald Miles, Bitkower “portrayed himself as the helpless victim of bad situations created by others… In none of the cases is his view a fair assessment.”

Bitkower has a lengthy history of disciplinary offenses dating to 1977, when, addicted to alcohol and cocaine, he mishandled client funds and faced criminal charges. He resigned from the bar in 1982 and the following year pleaded no contest to grand theft as a result of mishandling client settlement money.

His effort to be reinstated to the bar in 1987 was rejected with a recommendation that he be required to pass the bar exam. He succeeded in having that requirement replaced with a requirement that he demonstrate “requisite knowledge of the general law,” and he was reinstated in 1991.

Three years later, Bitkower again faced disciplinary charges for his handling of a personal injury settlement and he was suspended and placed on probation in 1996.

In the current round of charges, Bitkower stipulated that he failed to perform legal services competently, keep clients informed, pay client funds promptly or maintain client funds in trust. He also abandoned clients and committed acts of moral turpitude.

Miles found that Bitkower “has had problems complying with his professional obligations for many years and with many clients. He has frequently failed to act with competency; he has repeatedly abandoned clients and improperly withdrawn from representing them; and he has demonstrated an ongoing inability to properly safeguard client monies… There is no justification or excuse for his conduct; there is no compelling mitigation; and there is significant reason to believe that the problems will reoccur.”

Although Bitkower presented evidence of remorse, his good character and physical and emotional problems, Miles gave them short shrift. Instead, the judge worried that Bitkower’s refusal to accept responsibility for his actions means the possibility of further harm to the public “remains unacceptably high.” In view of his belief that professional misconduct will reoccur, Miles concluded that Bitkower should be disbarred.

June 17, 1996

MARSHALL L. BITKOWER [#47478], 53, of Encino was suspended for one year, stayed, placed on two years probation, and was ordered to take the CPRE within one year. The order took effect June 17, 1996.

Bitkower failed to deposit settlement drafts in his client trust account and did not keep a record of the cash distribution to one client and payments of his clients' medical bills. Although Bitkower was charged with additional counts, including misappropriation, the State Bar Court found he did not violate any other professional conduct rules.

Bitkower's problems resulted from his representation of a couple in a personal injury matter. His associate negotiated a settlement for the couple based on what the attorney thought was law firm policy regarding the distribution of settlement funds.

When the settlement funds were received, however, the clients received less money than they expected. At one point, the clients asked Bitkower not to deposit the funds in his client trust account and he paid their share to them in cash.

The bar court judge found there were significant credibility issues with the testimony of several key witnesses, including the clients. One of the witnesses was a co-defendant in a suit Bitkower filed following the bitter dissolution of his law firm.

Although the judge recommended a 30-day actual suspension to impress upon Bitkower the seriousness of properly handling client funds, it was temporarily stayed in May. The Review Department vacated the stay in June.

Bitkower originally was admitted to the bar in 1971, but following problems with alcoholism and cocaine addiction, he resigned in 1982. The following year, he pleaded no contest to grand theft as a result of mishandling client settlement funds.

He was reinstated to the bar in 1991.

Although he has no prior record of discipline, Bitkower's previous resignation with charges pending and his admitted misappropriation of client funds in the early 1980s were considered aggravating factors.

However, Bitkower produced numerous character witnesses. The court also noted that although his action in the personal injury case was improper, no one was harmed except Bitkower, who was vulnerable to false claims by an angry client and acted in good faith.