State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER
APPROVING
STAYED
SUSPENSION; NO ACTUAL SUSPENSION
Case Number(s): 11-O-12995
In the Matter of: Robert Neal Greenberg, Bar #146798, A
Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Charles T. Calix, Deputy Trial
Counsel
1149 S. Hill Street
Los Angeles, CA 90015
(213) 765-1255
Bar #146853,
Counsel for Respondent: In Pro Per Respondent
Robert Neal Greenberg
4876 Borders Street
Simi Valley, CA 93063
Bar # 146798
Submitted to: Settlement Judge
Filed: January 12, 2012.
<<not>> checked. PREVIOUS STIPULATION
REJECTED
Note: All information
required by this form and any additional information which cannot be provided
in the space provided, must be set forth in an attachment to this stipulation
under specific headings, e.g., "Facts," "Dismissals,"
"Conclusions of Law," "Supporting Authority," etc.
A. Parties' Acknowledgments:
1.
Respondent is a member of the State Bar
of California, admitted June 11, 1990.
2.
The parties agree to be bound by the
factual stipulations contained herein even if conclusions of law or disposition
are rejected or changed by the Supreme Court.
3.
All investigations or proceedings listed
by case number in the caption of this stipulation are entirely resolved by this
stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are
listed under "Dismissals." The stipulation consists of 9 pages, not
including the order.
4.
A statement of acts or omissions
acknowledged by Respondent as cause or causes for discipline is included under
"Facts."
5.
Conclusions of law, drawn from and
specifically referring to the facts are also included under "Conclusions
of Law".
6.
The parties must include supporting
authority for the recommended level of discipline under the heading
"Supporting Authority."
7.
No more than 30 days prior to the filing
of this stipulation, Respondent has been advised in writing of any pending
investigation/proceeding not resolved by this stipulation, except for criminal
investigations.
8.
Payment of Disciplinary Costs-Respondent
acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7.
(Check one option only):
<<not>> checked. Costs are added to
membership fee for calendar year following effective date of discipline.
checked. Costs are to be paid in equal
amounts prior to February 1 for the following membership years: 2014, 2015, and
2016. (Hardship, special circumstances or other good cause per rule 5.132,
Rules of Procedure.) If Respondent fails to pay any installment as described
above, or as may be modified by the State Bar Court, the remaining balance is
due and payable immediately.
<<not>> checked. Costs are waived in part
as set forth in a separate attachment entitled "Partial Waiver of
Costs".
<<not>> checked. Costs are entirely
waived.
B. Aggravating Circumstances [for
definition, see Standards for Attorney Sanctions for Professional Misconduct,
standard 1.2(b)]. Facts supporting aggravating circumstances are required.
checked. (1) Prior record of discipline [see standard
1.2(f)].
checked. (a) State Bar Court case # of prior case #07-O-14816.
checked. (b) Date prior discipline effective September 18, 2009 .
checked. (c) Rules of Professional Conduct/ State Bar Act violations:
Business and Professions Code section 6068(d).
checked. (d) Degree of prior discipline: Public Reproval
<<not>> checked. (e) If Respondent has two or more incidents
of prior discipline, use space provided below or a separate attachment entitled
“Prior Discipline”. .
<<not>> checked. (2) Dishonesty: Respondent's misconduct was
surrounded by or followed by bad faith, dishonesty, concealment, overreaching
or other violations of the State Bar Act or Rules of Professional Conduct.
<<not>> checked. (3) Trust Violation: Trust funds or property
were involved and Respondent refused or was unable to account to the client or
person who was the object of the misconduct for improper conduct toward said
funds or property.
<<not>> checked. (4) Harm: Respondent's misconduct harmed
significantly a client, the public or the administration of justice.
<<not>> checked. (5) Indifference: Respondent demonstrated
indifference toward rectification of or atonement for the consequences of his
or her misconduct.
<<not>> checked. (6) Lack of Cooperation: Respondent
displayed a lack of candor and cooperation to victims of his/her misconduct or
to the State Bar during disciplinary investigation or proceedings.
<<not>> checked. (7) Multiple/Pattern of Misconduct:
Respondent's current misconduct evidences multiple acts of wrongdoing or
demonstrates a pattern of misconduct.
<<not>> checked. (8) No aggravating circumstances are
involved.
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
<<not>> checked. (1) No Prior Discipline: Respondent has no
prior record of discipline over many years of practice coupled with present
misconduct which is not deemed serious.
<<not>> checked. (2) No Harm: Respondent did not harm the
client or person who was the object of the misconduct.
<< >> checked. (3) Candor/Cooperation: Respondent
displayed spontaneous candor and cooperation with the victims of his/her
misconduct and to the State Bar during disciplinary investigation and
proceedings.
<<not>> checked. (4) Remorse: Respondent promptly took
objective steps spontaneously demonstrating remorse and recognition of the
wrongdoing, which steps were designed to timely atone for any consequences of
his/her misconduct.
<<not>> checked. (5) Restitution: Respondent paid $ on in
restitution to without the threat or force of disciplinary, civil or criminal
proceedings.
<<not>> checked. (6) Delay: These disciplinary proceedings
were excessively delayed. The delay is not attributable to Respondent and the
delay prejudiced him/her.
<<not>> checked. (7) Good Faith: Respondent acted in good
faith.
<<not>> checked. (8) Emotional/Physical Difficulties: At the
time of the stipulated act or acts of professional misconduct Respondent
suffered extreme emotional difficulties or physical disabilities which expert
testimony would establish was directly responsible for the misconduct. The
difficulties or disabilities were not the product of any illegal conduct by the
member, such as illegal drug or substance abuse, and Respondent no longer
suffers from such difficulties or disabilities.
<<not>> checked. (9) Severe Financial Stress: At the time of
the misconduct, Respondent suffered from severe financial stress which resulted
from circumstances not reasonably foreseeable or which were beyond his/her
control and which were directly responsible for the misconduct.
<<not>> checked. (10) Family Problems: At the time of the
misconduct, Respondent suffered extreme difficulties in his/her personal life
which were other than emotional or physical in nature.
<<not>> checked. (11) Good Character: Respondent's good
character is attested to by a wide range of references in the legal and general
communities who are aware of the full extent of his/her misconduct.
<<not>> checked. (12) Rehabilitation: Considerable time
has passed since the acts of professional misconduct occurred followed by
convincing proof of subsequent rehabilitation.
<<not>> checked. (13) No mitigating circumstances are
involved.
Additional mitigating circumstances: N/A
D. Discipline:
<< >> checked. (1) Stayed Suspension:
<< >> checked. (a) Respondent must be suspended from the
practice of law for a period of ** .
<<not>> checked. i. and until Respondent shows proof
satisfactory to the State Bar Court of rehabilitation and present fitness to
practice and present learning and ability in the law pursuant to standard
1.4(c)(ii) Standards for Attorney Sanctions for Professional Misconduct.
<<not>> checked. ii. and until Respondent pays restitution
as set forth in the Financial Conditions form attached to this stipulation.
<<not>> checked. iii. and until Respondent does the
following:
<<not>> checked. (b) The above-referenced suspension is
stayed.
<< >> checked. (2) Probation: Respondent must be placed
on probation for a period of two (2) years , which will commence upon the
effective date of the Supreme Court order in this matter. (See rule 9.18,
California Rules of Court.)
E. Additional Conditions of Probation:
<< >> checked. (1) During the probation period, Respondent
must comply with the provisions of the State Bar Act and Rules of Professional
Conduct.
<< >> checked. (2) Within ten (10) 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 telephone number, or other address for State Bar purposes, as prescribed by
section 6002.1 of the Business and Professions Code.
<< >> checked. (3) Within thirty (30) days from the
effective date of discipline, Respondent must contact the Office of Probation
and schedule a meeting with Respondent's assigned probation deputy to discuss
these terms and conditions of probation. Upon the direction of the Office of
Probation, Respondent must meet with the probation deputy either in-person or
by telephone. During the period of probation, Respondent must promptly meet
with the probation deputy as directed and upon request.
<< > checked. (4) Respondent must submit written quarterly
reports to the Office of Probation on each January 10, April 10, July 10, and
October 10 of the period of probation. Under penalty of perjury, Respondent
must state whether Respondent has complied with the State Bar Act, the Rules of
Professional Conduct, and all conditions of probation during the preceding
calendar quarter. Respondent must also state whether there are any proceedings
pending against him or her in the State Bar Court and if so, the case number
and current status of that proceeding. If the first report would cover less
than 30 days, that report must be submitted on the next quarter date, and cover
the extended period.
In addition to all quarterly reports, a final report, containing the same
information, is due no earlier than twenty (20) days before the last day of the
period of probation and no later than the last day of probation.
<<not>> checked. (5) Respondent must be assigned a probation
monitor. Respondent must promptly review the terms and conditions of probation
with the probation monitor to establish a manner and schedule of compliance.
During the period of probation, Respondent must furnish to the monitor such
reports as may be requested, in addition to the quarterly reports required to
be submitted to the Office of Probation. Respondent must cooperate fully with
the probation monitor.
<< >> checked. (6) 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 under these
conditions which are directed to Respondent personally or in writing relating
to whether Respondent is complying or has complied with the probation
conditions.
<<not>> checked. (7) Within one (1) year of the effective date
of the discipline herein, Respondent must provide to the Office of Probation
satisfactory proof of attendance at a session of the Ethics School, and passage
of the test given at the end of that session.
<< >> checked. No Ethics School recommended. Reason:
Respondent has been ordered to provide to the Office of Probation satisfactory
proof of attendance at a session of the State Bar Ethics School and passage of
the test at the end of that session in Case No. 07-O-14816, filed September 18,
2009.
<<not>> checked. (8) Respondent must comply with all
conditions of probation imposed in the underlying criminal matter and must so
declare under penalty of perjury in conjunction with any quarterly report to be
filed with the Office of Probation.
<<not>> checked. (9) The following conditions are attached
hereto and incorporated:
<<not>> checked.
Substance Abuse Conditions.
<<not>>
checked. Law Office Management Conditions.
<<not>>
checked. Medical Conditions.
<<not>>
checked. Financial Conditions.
F. Other Conditions Negotiated by the Parties:
<<not>> checked. (1) Multistate Professional Responsibility
Examination: Respondent must provide proof of passage of the Multistate
Professional Responsibility Examination ("MPRE"), administered by the
National Conference of Bar Examiners, to the Office of Probation within one
year. Failure to pass the MPRE results in actual suspension without further
hearing until passage. But see rule 9.10(b), California Rules of Court, and
rule 5.162(A) & (E), Rules of Procedure.
<< >> checked. No MPRE recommended. Reason: Respondent has
been ordered to provide proof of passage of the MPRE to the Office of Probation
in Case No. 07-O-14816, filed September 18, 2009.
<<not>> checked. (2) Other Conditions:
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION
IN THE MATTER OF: Robert Neal Greenberg, State Bar No.
146798
STATE BAR COURT CASE NUMBER: 11-O-12995
FACTS AND CONCLUSIONS OF LAW.
Robert Neal Greenberg ("Respondent") admits that
the following facts are true and that he is culpable of violations of the
specified statutes and/or Rules of Professional Conduct.
FACTS:
1. On or about September 5, 2006, Respondent filed a
petition for dissolution in the
Superior Court of California, County of Ventura
("Superior Court"), titled Robert Greenberg v. Pamela
Greenberg, VSC Case No. SD034644 ("Greenberg v.
Greenberg").
2. On or about September 1, 2009, Respondent signed a
Stipulation re Facts, Conclusions of Law and Disposition and Order Approving
Public Reproval ("Public Reproval") in In the Matter of Robert N.
Greenberg, State Bar Court Case No. 07-0-14816 ("In re Greenberg").
In the Public Reproval, Respondent stipulated, inter alia, that for a period of
one year he "must comply with the provisions of the State Bar Act and
Rules of Professional Conduct." The Public Reproval stated that the "[f]ailure
to comply with any condition attached to this reproval may constitute cause for
a separate proceeding for willful breach of rule 1-110, Rules of Professional
Conduct."
3. On or about September 18, 2009, the State Bar Court filed
the Public Reproval in In re Greenberg, which took effect 15 days after the
order was served on September 18, 2009.
4. The reproval period in In re Greenberg ran between on or
about October 9, 2009 and on or about October 9, 2010.
5. On or about May 20, 2010, the Superior Court issued its
Ruling on Submitted Matter re Attorney Fees (the "2010 Ruling") in
Greenberg v. Greenberg, which ordered Respondent, among other things, to pay
$800 in attorney’s fees and $2,000 in sanctions to Pamela Greenberg.
6. On or about April 28, 2011, the Court of Appeal affirmed
the 2010 Ruling in Greenberg v. Greenberg ("2011 Decision").
7. Respondent did not report the award of $2,000 in
sanctions to the State Bar after the Superior Court imposed the sanctions in
the 2010 Ruling or after the Court of Appeal affirmed the sanctions in its 2011
Decision.
CONCLUSIONS OF LAW
8. By this conduct, Respondent failed to report to the
agency charged with attorney
discipline, in writing, within 30.days of the time
Respondent had knowledge of the imposition of any judicial sanctions against
Respondent in violation of Business and Professions Code 6068(o)(3).
9. By this conduct, Respondent failed to comply with
conditions attached to a public or
private reproval administered by the State Bar in violation
of Rule 1-110, Rules of Professional Conduct.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7),
was December 16, 2011.
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 1.3, Title IV, Standards for Attorney Sanctions for
Professional Misconduct, provides that the primary purposes of the disciplinary
system are: "the protection of the public, the courts and the legal
profession; the maintenance of high professional standards by attorneys and the
preservation of public confidence in the legal profession."
Standard 2.4(b) holds that a failure to perform in
individual client matters, not demonstrating a pattern, shall result in
reproval or suspension depending on the extent of the misconduct and the extent
of harm to the client.
In In re Morse (1995) 11 Cal .4th 184, 206, the Supreme
Court stated the purpose of disciplinary proceedings are the protection of the
public, the courts, and the legal profession, the maintenance of high professional
standards by attorneys, and the preservation of public confidence in the legal
profession.
The Standards authorize reproval or suspension in this
matter.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial
Counsel has informed respondent that as of December 16, 2011, the prosecution
costs in this matter are $2,797. Respondent further acknowledges that should
this stipulation be rejected or should relief from the stipulation be granted,
the costs in this matter may increase due to the cost of further proceedings.
SIGNATURE OF THE PARTIES
Case Number(s): 11-O-12995
In the Matter of: Robert Neal Greenberg
By their signatures below, the parties and their
counsel, as applicable, signify their agreement with each of the recitation and
each of the terms and conditions of this Stipulation Re Facts, Conclusions of
Law and Disposition.
Signed by: Robert Neal Greenberg
Respondent: Robert Neal Greenberg
Date: December 19, 2011
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Charles T. Calix
Date: December 21, 2011
STAYED SUSPENSION ORDER
Case Number(s): 11-O-12995
In the Matter of: Robert Neal Greenberg
Finding the stipulation to be
fair to the parties and that it adequately protects the public, IT IS ORDERED
that the requested dismissal of counts/charges, if any, is GRANTED without
prejudice, and:
<< >> checked. The stipulated facts and
disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> checked. The stipulated facts and
disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS
RECOMMENDED to the Supreme Court.
<<not>> checked. All Hearing dates are
vacated.
The parties are bound by the stipulation as approved
unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days
after service of this order, is granted; or 2) this court modifies or further
modifies the approved stipulation. (See rule 5.58 (E) & (F), Rules of
Procedure.) The effective date of this disposition is the effective date of the
Supreme Court order herein, normally 30 days after the file date. (See rule
9.18(a), California Rules of Court.)
Signed by: Donald Miles
Judge of the State Bar Court
Date: January 11, 2012
CERTIFICATE OF SERVICE
[Rules Proc. of State Bar; Rule 5.27(B); 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 Los Angeles, on January 12, 2012, I deposited a true copy of
the following document(s):
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING STAYED
SUSPENSION; NO ACTUAL SUSPENSION
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:
ROBERT
N. GREENBERG
ROBERT
N GREENBERG, ESQ.
4876
BORDERS ST
SIMI
VALLEY, CA 93063
<< >> checked. by
interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
Charles
Calix, Enforcement, Los Angeles
I hereby certify that the
foregoing is true and correct. Executed in Los Angeles, California, on
January 12, 2012.
Signed by:
Tammy Cleaver
Case Administrator
State Bar Court