IN THE MATTER OF: Peter A. Hosharian, State Bar No. 172350
STATE BAR COURT CASE NUMBER: 06-TH-10350,
ORDER APPROVING STIPULATION
On February 1, 2006, respondent Peter A. Hosharian and William J. COX, Deputy Trial Counsel for the Office of the Chief Trial Counsel of the State Bar of California, filed a stipulation for the imposition of interim remedies pursuant to Business and Professions Code section 6007, subdivision (h). The stipulation specifies the interim remedies to be ordered and the factual basis therefore. (Rule 515, Rules Proc. of State Bar.) Having read and considered the stipulation and good cause appearing, the Court approves the stipulation.
The interim remedies set forth in the stipulation are hereby ordered and shall be effective three days after service by mail of this order. The interim remedies shall remain in effect until further order of the Court in proceedings pursuant to rule 530, et seq., or thirty six (36) months, whichever occurs first.
IT IS SO ORDERED.
Dated: February 7, 2006
RICHARD A. PLATEL
Judge of the State Bar Court
THE STATE BAR OF CALIFORNIA
OFFICE OF THE CHIEF TRIAL COUNSEL
SCOTT J. DREXEL, No. 65670
Chief Trial Counsel
PATSY COBB, No. 107793
Deputy Chief Trial Counsel
JAYNE KIM, No. 174614 STATE BAR COURT
Assistant Chief Trial Counsel
WILLIAM JOHN COX, No. 58998
Supervising Trial Counsel
1149 South Hill Street
Los Angeles, California 90015-2299
Telephone: (213) 765-1068
Telefax: (213) 765-1442
IN THE MATTER OF: Peter A. Hosharian, State Bar No. 172350
STATE BAR COURT CASE NUMBER: 06-TH-10350
STIPULATION FOR IMPOSITION OF INTERIM REMEDIES PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6007(H),
Submitted to: State Bar Court Clerk’s Office Los Angeles,
Filed: February 1, 2006.
IT IS HEREBY STIPULATED by and between the State Bar of California through Supervising Trial Counsel, WILLIAM JOHN COX and PETER A. HOSHARIAN, Respondent herein, through his attorney, PHILLIP FELDMAN, in accordance with Rule 515 of the Rules of Procedure of the State Bar of California, as follows:
1. JURISDICTION
Respondent was admitted to the practice of law in the State of California on December 2, 1994, and was, at all times mentioned herein, a member of the State Bar of California.
2. PROCEEDINGS INVOLVED
a. It is now the intention of the parties to enter into a stipulation pursuant to Rule 515 that Respondent be subject to interim remedies pursuant to Business and Professions Code section 6007(h).
3. WAIVERS. ACKNOWLEDGMENTS AND AGREEMENTS OF THE
PARTIES
a. It is understood, acknowledged and agreed by the parties to this Stipulation that:
i. the requirements set forth in Rule 515 have been satisfied and Respondent agrees to be subject to interim remedies until such time as the State Bar Court orders otherwise;
ii. a determination by a Judge of the State Bar Court that there is probable cause to initiate proceedings pursuant to Rules 510 through 520 shall be waived. Issuance of a verified application pursuant to Rule 512 shall also be waived.
iii. formal hearing before a Judge of the State Bar Court shall be waived;
iv. this Stipulation does not dispose of any disciplinary matter now pending against Respondent;
v. if this Stipulation is approved by the Judge of the State Bar Court assigned, the parties expressly waive their right of review pursuant to Rule 301 of the Rules of Procedure of the State Bar Court and any right of appeal to the Supreme Court of California authorized pursuant to Rules 952, 952.5 and 953 of the California Rules of Court.
vi. The parties understand that the Order approving this Stipulation will result in Respondent’s becoming subject to interim remedies immediately after service of the Order;
vi. execution of this Stipulation by the parties hereto does not constitute an agreement or recommendation to abate any pending disciplinary matters pending against Respondent. Respondent acknowledges that disciplinary matters now pending against him may be abated only by Order of the State Bar Court made upon a Motion to Abate which is supported by good cause;
b. It is further understood by Respondent that:
1. upon becoming subject to interim remedies, he will remain subject to the remedies until such time as the Court orders the remedies to be terminated or thirty-six months, whichever occurs first.
4. STATEMENT OF FACTS WARRANTING THE INACTIVE ENROLLMENT OF RESPONDENT PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6007(b)(3)
Respondent entered into a relationship with an immigration paralegal, Romina Zadorian ("Zadorian") which resulted in a situation wherein Zadorian worked on a number of immigration matters ostensibly under the auspices of Respondent’s law practice without the knowledge or supervision of Respondent. At least 12 of these clients have complained to the State Bar that they have been deceived and defrauded by Zadorian. Respondent has subsequently severed all ties with Zadorian.
CONCLUSIONS OF LAW
It is hereby stipulated that Respondent, his clients, and the State Bar would benefit from the imposition of interim remedies, and he does not otherwise pose a substantial threat of harm to the interests of clients or to the public.
VI. RECOMMENDED DISPOSITION
It is recommended that Respondent be subject to the following interim remedies pursuant to Business and Professions Code section 6007(h) and that he remain subject to the remedies for six months until further order of the Court, or thirty-six months, whichever occurs first:
1. During the period of interim remedies, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct;
2. Within ten days of any change, Respondent must report to the Membership Records Office of the State Bar and to the Office of Probation of the State Bar of California ("Office of Probation"), all changes of information, including current office address and 23 telephone number, or other address for State Bar purposes, as prescribed by section 6002.1 of the Business and Professions Code;
3. Respondent must cooperate with the State Bar in its investigation of all matters referred to the State Bar by clients who reasonably believed they were represented by Respondent; even if such belief was based upon Zadorian’s subterfuge.
4. Within 30 days of the effective date of this stipulation, Respondent must develop a law office management/organization plan, which must be approved by the Office of Probation, exercising such reasonable legal competence as is commonly accepted in the speciality of immigration law as it pertains to legal representation of undocumented aliens. This plan must include procedures to address the specific subject area or deficiency which caused or contributed to the events leading to the imposition of these interim remedies, including but not limited to, performing INS appearances, motions or other services for undocumented aliens not previously or currently represented by counsel; and/or sharing offices or office furnishings with non-attorneys; and/or permitting non-attorneys not in the employ of member access to member’s files, records or office; and/or utilizing paralegals to perform any services on behalf of clients who are undocumented aliens; and/or disengagement from representation of clients whether or not "of record" when clients cannot be contacted, located or otherwise communicated with; and/or insuring that all engagement letters and correspondence with clients who do not have access to English translators and who failed to communicate in English with member at time of engagement are translated in Spanish (or other pertinent language).
5. Within six months of the effective date of this stipulation, Respondent must to the Office of Probation satisfactory proof of attendance at a session of State Bar Ethics School and State Bar Client Trust Accounting School and passage of the tests given at the end of the sessions;
6. Respondent shall submit written quarterly reports to the State Bar Probation Unit on each January 10, April 10, July 10, and October 10 of the period of interim remedies. Under penalty of perjury, Respondent shall state whether Respondent has complied with the State Bar Act, the Rules of Professional Conduct, and all interim remedy conditions during the preceding calendar quarter. If the first report would cover less than 30 days, that report shall be submitted on the next quarter date, and cover the extended period;
7. Subject to assertion of applicable privileges, Respondent must answer fully, promptly and truthfully any inquiries of the Office of Probation and any probation monitor assigned ender these conditions whim are directed to Respondent personally or in writing relating to whether Respondent is complying or has complied with the interim conditions.
Respectfully submitted,
THE STATE BAR OF CALIFORNIA OFFICE OF THE CHIEF TRIAL COUNSEL
Signed by:
Supervising Trial Counsel: William John Cox
Date: January 24, 2005
Respondent: Peter A. Hosharian
Date: January 20, 2006
Respondent’s Counsel: Phillip Feldman, Law Office of Phillip
Date: January 20, 2006
[Rule 62(b); Rules Proc.; Code Civ. 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 San Francisco, on September 16, 2011, I deposited a true copy of the following document(s):
STIPULATION FOR IMPOSITION OF INTERIM REMEDIES PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6007(H) AND ORDER APPROVING STIPULATION
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 San Francisco, California, addressed as follows:
PHILLIP FELDMAN ESQ
LAW OFC PHILLIP FELDMAN
15250 VENTURE BLVD #610
SHERMAN OAKS, CA 91403
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
WILLIAM COX, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on February 7, 2006.
Signed by:
Angela Owens-Carpenter
Case Administrator
State Bar Court