Irvine, CA 92714
17 May 1997 | Disbarred (27 years, 11 months ago) Disbarment 89-O-16723 |
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15 March 1997 | Not eligible to practice law in CA (28 years, 1 month ago) Discipline w/actual suspension 95-PM-12850 |
24 January 1997 | Not eligible to practice law in CA (28 years, 3 months ago) Ordered inactive 95-PM-12850 |
19 December 1996 | Disciplinary charges filed in State Bar Court 95-O-17643 (28 years, 4 months ago) |
28 August 1995 | Active (29 years, 8 months ago) |
2 June 1995 | Not eligible to practice law in CA (29 years, 11 months ago) Suspended, failed to pass Prof.Resp.Exam 88-O-14835 |
28 March 1995 | Disciplinary charges filed in State Bar Court 94-O-13774 (30 years, 1 month ago) |
5 October 1994 | Disciplinary charges filed in State Bar Court 94-O-13023 (30 years, 7 months ago) |
7 August 1994 | Active (30 years, 9 months ago) |
7 May 1994 | Not eligible to practice law in CA (31 years ago) Discipline w/actual suspension 88-O-14835 |
24 November 1993 | Disciplinary charges filed in State Bar Court 93-O-16047 (31 years, 5 months ago) |
7 October 1993 | Disciplinary charges filed in State Bar Court 92-O-16536 (31 years, 7 months ago) |
4 August 1993 | Disciplinary charges filed in State Bar Court 92-O-15331 (31 years, 9 months ago) |
2 December 1992 | Disciplinary charges filed in State Bar Court 92-O-14506 (32 years, 5 months ago) |
24 November 1992 | Disciplinary charges filed in State Bar Court 91-O-08041 (32 years, 5 months ago) |
3 June 1992 | Disciplinary charges filed in State Bar Court 91-O-08534 (32 years, 11 months ago) |
19 March 1992 | Disciplinary charges filed in State Bar Court 89-O-16723 (33 years, 1 month ago) |
15 June 1990 | Disciplinary charges filed in State Bar Court 89-O-13084 (34 years, 10 months ago) |
16 March 1990 | Disciplinary charges filed in State Bar Court 88-O-14835 (35 years, 1 month ago) |
31 May 1979 | Admitted to the State Bar of California (45 years, 11 months ago) |
May 17, 1997 ROBERT STEVEN KAPLAN [#86205], 48, of Irvine was disbarred May 17, 1997, and ordered to comply with rule 955. In this opinion on review, Kaplan was ordered disbarred for extensive misconduct from 1986 to 1993. A State Bar Court hearing judge had recommended a five-year stayed suspension with five years probation and three years actual suspension. Kaplan requested review of the suspension decision, contending that his misconduct was minor, the result of negligent office management and not moral turpitude. In six matters, he sought dismissal of almost all charges on the grounds that parts of some of the notices to show cause were not adequate and that the record did not support the factual findings and culpability conclusions. However, the State Bar Court review judge found that Kaplan "recklessly" failed to provide competent legal services in eight matters, cooperate with disciplinary investigations in 14 matters, communicate properly with clients in nine instances and forward files promptly to clients in three matters. In two matters, he failed to adequately protect his clients' rights before withdrawing from employment and he did not disperse trust funds promptly. He also did not provide an appropriate accounting in one instance and neglected to promptly inform a client about the receipt of entrusted funds. In addition, he neglected to obtain the written consent of all parties when he represented conflicting interests in a case. The court found that Kaplan's "habitual and reckless disregard of his clients' interests amounted to a pattern of misconduct involving moral turpitude." Stressing an abundance of aggravating factors and a lack of mitigation, the State Bar recommended disbarment. Kaplan previously received a suspension in 1994 for less serious but similar misconduct. In addition, Kaplan's current misconduct involved multiple acts of wrongdoing, caused significant harm to clients and he demonstrated indifference toward rectification. "Given the facts in the record and the extended period of time over which numerous instances of misconduct occurred we find that the attorney's pattern of misconduct is likely to continue or repeat," wrote the review judge, recommending Kaplan's disbarment.March 15, 1997 The probation of ROBERT STEVEN KAPLAN [#86205], 48, of Irvine was revoked and the previous stay of suspension was lifted March 15, 1997. He was given an actual suspension of two years and ordered to comply with rule 955. Kaplan originally was disciplined in 1994 for failing to communicate with clients in five matters, failing to sign substitution of attorney forms promptly or forward the clients' files in seven matters, failing to perform legal services in three matters, failing to endorse and return settlement drafts once and failing to pay court-ordered sanctions once. He was placed on disciplinary probation for two years, subject to three months actual suspension and other conditions. Although Kaplan filed four quarterly probation reports, he did not attend ethics school, complete a law office management course or submit a law office management plan on time as required. Both the hearing judge and the review department rejected his argument that he misunderstood the deadlines. The hearing department recommended only 60 days actual suspension, which the State Bar appealed. The review department upheld the hearing judge's findings, but increased the recommended discipline based on the presence of factors in aggravation. Kaplan's misconduct resulted primarily from negligent law office management, particularly in supervising his staff. |