THE STATE BAR OF CALIFORNIA
OFFICE OF THE CHIEF TRIAL COUNSEL
SCOTT J. DREXEL, No. 65670
CHIEF TRIAL COUNSEL
CHARLES MURRAY, No. 146069
BROOKE A. SCHAFER, No. 194824
DEPUTY TRIAL COUNSEL
1149 South Hill Street
Los Angeles, California 90015-2299
Telephone: (213) 765-1000
PUBLIC MATTER
FILED
JUNE 19, 2006
STATE BAR COURT CLERK'S OFFICE LOS ANGELES
THE STATE BAR COURT ALTERNATIVE DISCIPLINE PROGRAM - LOS ANGELES
In the Matter of
IRA COHEN,
No. 79888
A Member of the State Bar
Case No. 03-O-009950-RAH
STIPULATION FOR IMPOSITION OF PRACTICE RESTRICTIONS AS CONDITION OF ADP
IT IS HEREBY STIPULATED between the State Bar of California through Deputy Trial Counsel Brooke Schafer, and Respondent, Ira Cohen, assisted by his counsel JoAnne Earls Robbins, as follows:
1. JURISDICTION
Respondent was admitted to the practice of law in the State of California on June 23, 20 1978, and was at all times relevant hereto a member of the State Bar of California.
2. PROCEEDINGS INVOLVED
It is the intention of the parties to enter into a stipulation that Respondent be subject to certain practice restrictions, pursuant to the terms of his Alternative Discipline Program (ADP) Contract sections 9 and 13, which was signed on January 21, 2005, and pursuant to Business and Professions Code section 6233.
3. WAIVERS, ACKNOWLEDGMENTS AND AGREEMENTS OF THE PARTIES
It is understood, acknowledged and agreed by the parties to this Stipulation that:
i. Respondent has admitted to have not been cooperating with the State Bar in open investigations, namely with respect to ease nos. 05-O-4634 and 06-O-10677;
ii. Respondent waives a formal hearing before a Judge of the State Bar Court to determine whether good cause exists to impose practice restrictions;
iii. this Stipulation does not dispose of any disciplinary matter now pending against Respondent, nor does it constitute discipline;
iv. if this Stipulation is approved by a Judge of the State Bar Court, the parties expressly waive their right of review pursuant to Rule 301 of the Rules of Procedure of the State Bar Court and any fight of appeal to the Supreme Court of California authorized pursuant to Rules 952,952.5 and 953 of the California Rules of Court. The parties understand that the Order approving this Stipulation will result in Respondent’s becoming subject to these practice restrictions immediately after service of the Order;
v. execution of this Stipulation by the parties hereto does not constitute an agreement or recommendation to abate any pending disciplinary matters pending against Respondent, nor does it obviate any other duties and responsibilities Respondent owes to the State Bar Court and/or Lawyer Assistance Program;
vi. upon becoming subject to the practice restrictions imposed hereby, Respondent will remain subject to the restrictions until such time as the Court orders the remedies to be terminated;
vii. this stipulation does not preclude the underlying failures to cooperate to be cause for termination from the ADP, or to be cause to be placed on inactive status. This stipulation may be used in any subsequent ADP proceeding.
viii. Respondent understands that violation of this stipulation can by itself form the basis for increased sanctions within his ADP participation, including but not limited to termination from the Program.
4. RECOMMENDED DISPOSITION
It is recommended that Respondent be subject to the following practice restrictions pursuant to the terms of his ADP contract at sections 9 and 13, and of Business and Professions Code section 6233, and that he remain subject to these restrictions until further order of the Court:
a. Respondent shall cooperate with the State Bar in all outstanding disciplinary investigations where he has not yet done so;
b. Respondent shall not handle or possess client funds;
c. Respondent shall continue compliance with this ADP contract;
d. Respondent shall not contract or advertise in his own name, or in the name of his own law firm, for any legal representation of others. "Contract" includes written or oral agreements made directly with a client to perform legal services for that client, for compensation or not.
e. Respondent must at all times work under the direction of at least one other attorney.
Respectfully submitted,
THE STATE BAR OF CALIFORNIA
OFFICE OF THE CHIEF TRIAL COUNSEL
Signed by:
Deputy Trial Counsel: Brooke A. Schafer
Dated: June 19, 2006
Respondent: Ira Cohen
Dated: June 19, 2006
Counsel for Respondent: JOANNE EARLS ROBBINS
Dated: June 19, 2006
Case no. 03-0-00950
ORDER
In Re Ira Cohen
Bar No.: 79888
Case no. 03-O-00950
Finding the above Stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the Stipulation is APPROVED
SIGNED BY: Judge of the State Bar Court
Dated: June 19, 2006
CERTIFICATE OF SERVICE
[Rule 62(b), Rules Proc.; Code Cir. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on June 21, 2006, I deposited a true copy of the following document(s):
STIPULATION FOR IMPOSITION OF PRACTICE RESTRICTIONS AS CONDITION OF ADP; ORDER
in a sealed envelope for collection and mailing on that date as follows:
checked: by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
JOANNE E ROBBINS ATTORNEY AT LAW
KARPMAN & ASSOCIATES
9200 SUNSET BLVD PH #7
LOS ANGELES, CA 90069
checked: by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Brooke A. Schafer, Enforcement, Los Angeles
Terrie L. Goldade, Office of Probation, Los Angeles
Membership Records Department, San Francisco
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on June 21, 2006.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court