Disbarment After Reinstatement for Repeated Client Abandonment

Overview

In In the Matter of Alvin Gilbert Tenner (Review Dept. 2004) 4 Cal. State Bar Ct. Rptr. 688, the Review Department recommended disbarment for an attorney who had previously been disbarred, later reinstated, and then committed extensive new misconduct across four separate client matters. The court concluded that respondent demonstrated a continuing pattern of abandonment, dishonesty, court noncompliance, and failure to cooperate with the State Bar.

Expanded Factual Summary

1. The Sampo Matter

Respondent failed to oppose summary judgment motions, failed to appear at hearings, and allowed judgments totaling over $28,000 in fees and costs to be entered against his client. He misled the client about the status of trial, falsely claimed the matter was continued, failed to disclose judgments, and ignored repeated inquiries. Sanctions were imposed against respondent personally, which he failed to report to the State Bar. He also failed to return the client file and failed to cooperate with the State Bar investigation.

2. The Sirney Matter

Respondent filed a complaint but failed to prosecute the case. He did not conduct discovery, failed to adequately oppose a demurrer, and allowed the case to be dismissed with prejudice. He failed to inform the clients of the dismissal.

3. The Baker Matter

Respondent failed to respond to cross-complaints and discovery orders, resulting in dismissal of his client’s complaint and default judgments exceeding $61,000. He misrepresented that he would seek relief but failed to act. He did not return the file and ignored multiple State Bar inquiries.

4. The Chapin Matter

Respondent accepted a retainer, performed no services, failed to communicate, failed to return unearned fees, and failed to return the client file.

Rule Violations and Charges

• Rule 3-110(A) – Failure to perform legal services competently
• Rule 3-700(A)(2) – Improper withdrawal
• Rule 3-700(D)(1)-(2) – Failure to return file and unearned fees
• Business & Professions Code § 6068(b) – Failure to maintain respect for courts
• § 6068(m) – Failure to communicate
• § 6068(o)(3) – Failure to report sanctions
• § 6068(i) – Failure to cooperate with State Bar
• § 6103 – Failure to obey court orders
• § 6106 – Moral turpitude (misrepresentation)

Prior Discipline History

Respondent had four prior discipline matters, including suspensions for misappropriation, misrepresentation, forgery, client abandonment, and ultimately disbarment in 1986. He was reinstated in 1992. Approximately six years later, the misconduct at issue began.

Aggravation

• Extensive prior record, including prior disbarment
• Multiple acts of wrongdoing
• Significant client harm (judgments, dismissed cases)
• Indifference toward rectification
• Failure to participate in proceedings (default)

Mitigation

None. This was a default matter and no mitigating evidence was presented.

Simplified Sanctions Summary

Holding

The Review Department concluded that respondent’s repeated abandonment of clients, dishonesty, and failure to comply with court and State Bar obligations—especially following reinstatement from prior disbarment—demonstrated unfitness to practice. Disbarment was necessary to protect the public, courts, and the legal profession.