Herbert Papenfuss was first admitted to the California Bar 5th January 1972, but is now no longer eligible to practice. Herbert graduated from University of Michigan Law School.

Lawyer Information

NameHerbert Papenfuss
First Admitted5 January 1972 (50 years, 5 months ago)
StatusNot Eligible to Practice
Bar Number51299

Contact

Current Email[email protected]
Phone Number760-458-9601
Fax Number760-434-5638

Schools

Law SchoolUniversity of Michigan Law School (Ann Arbor MI)
Undergraduate SchoolUniversity of Michigan (MI)

Address

Current Address3604 Azure Cir
Carlsbad, CA 92008
Map

History

1 September 2017Not eligible to practice law in CA (4 years, 8 months ago)
Suspended, failed to pay fees
1 September 2017Not eligible to practice law in CA (4 years, 8 months ago)
Admin Inactive/MCLE noncompliance
11 February 2010Active (12 years, 3 months ago)
13 November 2009Not eligible to practice law in CA (12 years, 6 months ago)
Discipline w/actual suspension 05-O-03774
23 August 2006Disciplinary charges filed in State Bar Court 05-O-03774 (15 years, 9 months ago)
3 October 1991Public reproval with/duties 90-O-18215 (30 years, 8 months ago)
5 January 1972Admitted to the State Bar of California (50 years, 5 months ago)

Discipline Summaries

November 14, 2009

HERBERT PAPENFUSS [#51299], 64, of Carlsbad was suspended for two years, stayed, placed on two years of probation with an actual 90-day suspension and he was ordered to take the MPRE and comply with rule 9.20. The order took effect Nov. 14, 2009.

Papenfuss settled a claim against a bank for more than $82,000; the client was entitled to almost $52,000. Papenfuss deposited the settlement check for $82,621.23 into his Morgan Stanley account, co-owned with his wife, and gave his client a check for the appropriate amount. However, the client did not immediately cash the check. The account was frozen during Papenfuss’ divorce proceedings and the funds were later divided into two new accounts owned individually by Papenfuss and his wife.

The wife paid the client more than half and Papenfuss paid the remainder, but did not pay any interest or income generated by his funds while they were held by Morgan Stanley.

Papenfuss told the court that the client was a friend who was having financial problems and asked him to hold the funds for an extended period of time. The court said it was unclear if the client asked that the funds be invested in the Morgan Stanley account. In any case, the court found that the money should have been placed in a client trust account.

The court found that Papenfuss deposited client funds into a non-client trust account and commingled funds, and he committed acts of moral turpitude.

He was given a private reproval in 1991 but argued it should not be considered aggravation because the discipline was remote in time. The court, however, found that the misconduct was similar to the current misconduct, and both involved moral turpitude.

In mitigation, Papenfuss cooperated with the bar’s investigation, he has done extensive pro bono work and he submitted letters attesting to his good character.