In the Matter of Wyshak (Review Dept. 1999)
In the Matter of Wyshak (Review Dept. 1999) 4 Cal. State Bar Ct. Rptr. 70
The Review Department recommended disbarment after finding an attorney committed extensive acts of dishonesty, fraud, and misconduct across multiple real estate transactions and litigation matters, causing severe harm to victims and the administration of justice.
Facts
Robert H. Wyshak was admitted to the California bar in 1948 and had practiced for more than four decades with no prior discipline. His misconduct arose after he began practicing independently and became associated with a businessman who orchestrated fraudulent real estate schemes.
In two major real estate transactions, Wyshak acted as escrow agent and trustee for sellers of residential property. In both transactions, buyers promised to fund large “cash grants” that were supposedly placed into trusts managed by Wyshak. He represented to sellers that these funds were held in trust and secured their payments.
In reality, no such funds were ever deposited. Wyshak nevertheless closed the escrows, conveyed the properties, and issued trust documents falsely indicating that hundreds of thousands of dollars were being held for the sellers’ benefit. The sellers ultimately lost their properties and received little or no compensation.
In a third matter, Wyshak participated in litigation tactics intended to delay eviction proceedings against occupants of another property. He knowingly advanced false accusations of sexual harassment against the property owner in order to prolong litigation and pressure the victims into abandoning their claims.
In a fourth matter, Wyshak violated a federal court discovery order by refusing to produce documents in a fraud lawsuit related to the same real estate schemes.
Charges & Violations
- Business & Professions Code §6106 — Moral turpitude (fraud and dishonesty)
- §6068(d) — Misleading courts and advancing untrue allegations
- §6068(f) — Conduct prejudicial to administration of justice
- §6068(g) — Encouraging litigation for corrupt motives
- §6103 — Disobedience of court orders
- Rule 2-100 — Improper communication with represented party
- Rule 3-310 — Conflict of interest violations
Court’s Analysis
The Review Department emphasized that Wyshak knowingly misrepresented the existence of trust funds that never existed. By closing escrow transactions while aware that buyers had provided no consideration, he effectively facilitated fraudulent transfers of valuable real estate.
The court rejected Wyshak’s attempt to blame his associate for the misconduct, finding that the evidence demonstrated he personally prepared documents, communicated with victims, and actively concealed the absence of funds.
The court also found that Wyshak’s litigation conduct was particularly egregious. He knowingly advanced false accusations of sexual harassment in court filings solely to delay eviction proceedings and pressure opposing parties.
Additionally, Wyshak violated professional duties by communicating directly with a represented party during litigation and by failing to timely report court sanctions imposed against him.
Aggravation & Mitigation
Aggravation
- Multiple acts of dishonesty and fraud
- Serious harm to multiple victims
- Significant harm to administration of justice
- Lack of remorse or insight
- Bad faith and concealment
Mitigation
- Long career with no prior discipline
- Positive character testimony
The court gave limited weight to mitigation because Wyshak demonstrated no acceptance of responsibility and continued to deny wrongdoing.
Sanctions Table
| Violation Type | Conduct | Authority | Impact |
|---|---|---|---|
| Fraud / Moral Turpitude | False trust funding representations | §6106 | Primary basis for disbarment |
| Litigation Misconduct | False harassment allegations | §6068(d), (f), (g) | Severe aggravation |
| Court Order Violations | Failure to comply with discovery | §6103 | Aggravating factor |
| Ethics Violations | Conflict and improper communication | Rules 2-100, 3-310 | Additional misconduct |
Outcome
The Review Department adopted the hearing judge’s recommendation of disbarment. The court concluded that the magnitude of Wyshak’s dishonesty, combined with his lack of remorse and repeated ethical violations, made disbarment necessary to protect the public and the integrity of the legal profession.