A behind-the-scenes look at the news of Claremont, CA. We focus on city hall, city staff, and the so-called "Claremont 400" or "Preserve Claremonters" or "Claremonsters", those goofy, too-serious, power types that run most of the town's service organizations, charities, and city commissions. Claremont is indeed a unique place, and we'll try to bring a flavor of that absurd "uniqueness" to the outside world, as well as spotlighting some of the finer things about our city and region.
Showing posts with label California State Bar. Show all posts
Showing posts with label California State Bar. Show all posts
Former Three Valleys Municipal Water District board member Xavier Alvarez seems to find his way into the news with great regularity, the latest instance having to do with the U.S. Supreme Court deciding to hear an appeal of the dismissal of the federal criminal charges against Alvarez by the U.S. 9th Circuit Court of Appeals.
What was surprising, however, was the rather outlandish photo that accompanied the article by writer Diane Curtis. The photo displayed a mustachioed Alvarez grinning and in full military dress, complete with rows of medals and ribbons.
November 2011 California Bar Journal (Click to Enlarge)
The photo first appeared in a Claremont Insider post and was a Photoshop graphic that superimposed an Army Ranger dress uniform over a photo of Alvarez. If the Bar's writer had emailed us to check on the graphic, we'd gladly have told her it was a joke.
Alas, we didn't receive any inquiry on the photo and just happened to learn of it after a reader did a double-take after reading the Bar Journal article. We plan on letting Curtis and the Bar Journal in on the joke. In hindsight, we suppose it could have been worse:
The California Bar Journal reports that Claremont Community Services Commissioner Stacey Matranga (photo, right) was disbarred on October 28. According to the Bar Journal's December edition:
Matranga committed 17 acts of misconduct in seven matters. Among other things, Matranga misappropriated $21,000 of client funds without any explanation for five months. She also “flagrantly breached her fiduciary duties in seven client matters,” State Bar Court Judge Richard Honn found, and she abandoned clients, did not comply with a court order, and failed to perform legal services competently, return client files, communicate with clients, promptly return client funds and account for or maintain client funds. She also she commingled funds in her trust account and committed acts of moral turpitude.
Matranga had her office in Ontario, but is a Claremont resident.
It's our understanding that the State Bar Court takes client trust account issues very seriously, and any sort of irregularity can be grounds for disciplinary action. Generally, however, the Bar is not quick to pull an attorney's license, so any first offense that results in disbarment must be a serious matter, at least to the Bar.
It appears from the State Bar's records that the combination of client fund issues, together with Matranga's failure to return client documents and files, her lack of communication with clients, and her failure to cooperate fully with the Bar's investigation led to her disbarment. As Judge Honn explained in his decision in this matter:
It is settled that an attorney-client relationship is of the highest fiduciary character and always requires utmost fidelity and fair dealing on the part of the attorney. (Beery v. State Bar (1987) 43 Cal.3d 802, 813.) In this matter, respondent had flagrantly breached her fiduciary duties in seven client matters, including failure to return unearned fees of almost $5,000 to two clients and misappropriation of more than $21,000 in five months. Such misconduct reflects a blatant disregard of professional responsibilities.
Moreover, the misappropriation of client funds is a grievous breach of an attorney’s ethical responsibilities, violates basic notions of honesty and endangers public confidence in the legal profession. In all but the most exceptional cases, it requires the imposition of the harshest discipline – disbarment. (See Grim v. State Bar, supra, 53 Cal.3d 21.)
Commission Roster; Click to Enlarge
It's always painful when something like this happens, for Matranga and her clients, and for the community as well. Matranga seems to be generally well-liked, and she hasn't really been involved in a lot of the political maneuvering that goes on in and around our City Hall.
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