Marlene Gerdts was first admitted to the California Bar 16th December 1980, but is now no longer eligible to practice. Marlene graduated from U of San Francisco SOL.
Lawyer Information
| Name | Marlene Gerdts |
|---|---|
| First Admitted | 16 December 1980 (44 years, 5 months ago) |
| Status | Not Eligible to Practice |
| Bar Number | 93815 |
Contact
| Current Email | fradismarlene@hotmail.com |
|---|---|
| Previous Email | gerdtsmarlene@yahoo.com |
| Phone Number | 310-490-7679 |
| Fax Number | (310) 914-5450 |
Schools
| Law School | U of San Francisco SOL (San Francisco CA) |
|---|---|
| Undergraduate School | University of California at Los Angeles (CA) |
Address
| Current Address | PO Box 3834 Beverly Hills, CA 90212-0834 |
|---|---|
| Map |
History
| 23 October 2015 | Not eligible to practice law in CA (9 years, 7 months ago) Discipline w/actual suspension 12-O-17972 |
|---|---|
| 19 April 2013 | Disciplinary charges filed in State Bar Court 12-O-17972 (12 years, 1 month ago) |
| 24 September 2010 | Not eligible to practice law in CA (14 years, 8 months ago) Discipline w/actual suspension 04-N-10859 |
| 14 September 2007 | Not eligible to practice law in CA (17 years, 8 months ago) Ordered inactive 04-O-14438 |
| 5 February 2007 | Not eligible to practice law in CA (18 years, 3 months ago) Ordered Inactive/Fee Arb/B&P 6203 |
| 3 February 2005 | Not eligible to practice law in CA (20 years, 3 months ago) Ordered inactive 04-N-10859 |
| 16 September 2004 | Not eligible to practice law in CA (20 years, 8 months ago) Suspended, failed to pay fees |
| 22 January 2004 | Not eligible to practice law in CA (21 years, 4 months ago) Discipline w/actual suspension 99-O-12936 |
| 12 June 2001 | Disciplinary charges filed in State Bar Court 99-O-13586 (23 years, 11 months ago) |
| 14 May 2001 | Disciplinary charges filed in State Bar Court 99-O-12936 (24 years ago) |
| 6 October 2000 | Disciplinary charges filed in State Bar Court 99-O-13583 (24 years, 7 months ago) |
| 16 December 1980 | Admitted to the State Bar of California (44 years, 5 months ago) |
Discipline Summaries
September 24, 2010 MARLENE GERDTS [#93815], 64, of Beverly Hills was suspended for three years, stayed, and was placed on four years of probation with an actual two-year suspension. She received credit for a period of inactive enrollment from 2007-10. The order took effect Sept. 24, 2010. Gerdts successfully completed the Alternative Discipline Program. She demonstrated a connection between her misconduct and her mental health issues and stipulated to misconduct in three matters. She violated rule 955 of the California Rules of Court (since renumbered as rule 9.20) by not timely submitting to the State Bar Court an affidavit stating that she notified her clients, opposing counsel and other pertinent parties of her 2004 suspension. She committed an act of moral turpitude by making misstatements in the declaration when she filed it.In a criminal appeal case, she admitted she failed to perform legal services competently by not filing an opening brief, despite time extensions, and by not filing any pleading regarding the dismissal of the appeal. She also failed to refund $22,000 in advance fees or communicate with her client, and she committed acts of moral turpitude by not telling the client that she was suspended or that the appeal was dismissed.She did not notify her client in a divorce case of her upcoming suspension and stipulated that she failed to notify the client of significant developments.The 2004 suspension was the result of Gerdts’ misconduct in three matters that included failures to refund unearned fees, perform legal services competently or respond promptly to clients’ reasonable status inquiries and she commingled funds in her trust account. She also committed acts of moral turpitude by failing to tell a client her case was dismissed, concealing matters about her trust account and concealing assets in the trust account, and by writing bad checks and using two trust accounts to hide more than $130,000 from her creditors.In mitigation, Gerdts cooperated with the bar’s investigation, offered testimony about her good character and she suffered a series of illnesses that resulted in financial problems, including bankruptcy and eviction.January 22, 2004 MARLENE GERDTS [#93815], 57, of Beverly Hills was suspended for three years, stayed, placed on four years of probation with a two-year actual suspension and was ordered to make restitution, prove her rehabilitation and comply with rule 955. The order took effect Jan. 22, 2004. The State Bar Court review department upheld most of a hearing judge’s findings that in three separate cases, Gerdts failed to promptly refund unearned fees, perform legal services competently, keep clients informed of significant developments in their cases or respond to their status inquiries, and she engaged in conduct involving moral turpitude, commingled funds in her trust account and used the trust account to pay business and personal expenses.In the first case, a client retained Gerdts and paid her $10,000 to handle his divorce. When he was unsuccessful in contacting her, he hired another attorney to handle the dissolution and get his money back. Gerdts did not respond to the new lawyer, but when the client complained to the State Bar, she said she had provided the client with a billing statement and gave him a check for $4,315 for unearned fees. The client said he never received either.Another firm was hired later to retrieve the fees and file the divorce. She eventually paid the client $3,000 after claiming the client never cashed the check for $4,315 and admitting she cashed it.Another client hired Gerdts to file a medical malpractice claim. She did so but then sought to file an amended complaint. When the amended complaint was not filed, the court dismissed the case and entered a judgment against Gerdts’ client. Six months later, Gerdts told the client the case probably would be dismissed but said she would try to pursue it. She said she’d handed the case off to someone else who didn’t file the papers on time.The client sued Gerdts and won a default judgment of $500,000.Gerdts also wrote checks against insufficient funds in her client trust account and deposited personal and client funds in the account. The court found she also used her trust account to hide more than $79,000 from creditors.In mitigation, Gerdts practiced law for 15 years without discipline, performed pro bono work for several juveniles and presented testimony of her good character. |