K-Fed’s attorney got DUI in 2014, another attorney gets licensed with active restraining order
by Robert J. Hansen
An independent investigation into the California State Bar was done in 2014 by the law firm Munger, Tolles and Olson (MTO) which warned of influence exerted by now-disbarred attorney Thomas Girardi on the State Bar.
“Although we have not uncovered instances of any sort of misconduct involving or untoward influence exerted by Tom Girardi or his firm,” the report said. “The closeness of the relationship between some senior managers and that firm does raise potentially troubling perceptions that the Board should take action to rectify going forward.”
During the investigation, Girardi suddenly and unexpectedly appeared as counsel for Sonja Oehler, according to the report.
“In that capacity, Girardi launched an unprofessional tirade of threats and though Girardi claims he became involved because MTO was rude during interviews and he is a long-time friend of Oehler’s,” the report said. “His involvement also could be explained because he perceives a threat to Executive Director Joseph Dunn as a threat to his possibly favored position with the Bar.”
MTO recommended that management’s conduct may have created an unhealthy perception that Girardi and his firm have special influence or receive special treatment—and that management should take steps to dispel and avoid contributing further to this perception 
in the future.
Those recommendations were not made and Girardi was disbarred and indicted for wire fraud just last year, eight years after the MTO report.
Bloomberg Law reported in 2023 that Girardi gave one State Bar employee and his family more than $1 million in cash and other things of value.
Low hanging fruit
While the State Bar failed to hold to account wealthier attorneys like Girardi and likely several others, attorneys of color and with fewer resources got disciplined for minor offenses.
University of San Francisco law professor Carol Langford said the California State Bar would sooner go after one-man law practices than attorneys who would take a lot of resources to go after.
“I just noticed they’re asking for more money,” Langford said. “Girardi had over 200 complaints and they were logged, so the Bar knew.”
Had Langford received complaints like Girardi did, she said she would have been disbarred years ago.
“Had it been little old me, I’d have been disbarred after five of those complaints,” Langford said.
Koreatown attorney Chima Anyanwu was delayed by five weeks in withdrawing $4,000 from a client trust account that he was due in fees.
Along with two other minor issues, the State Bar suspended Anyanwu’s law license for 30 days and placed him on probation for two years
“I was an easy target for them and an easy prey,” Anyanwu told the L.A. Times.
The following attorneys have had complaints filed against them yet little if any disciplinary actions have been taken against them.
Mark Vincent Kaplan
Attorney Mark Vincent Kaplan has made a small fortune representing Britney Spears’ ex-husband Kevin Federline, who has full custody of their children.
While Kaplan was representing embattled former 7th Heaven star Stephen Collins in his divorce case, he was arrested on a DUI charge in Hollywood in November 2014.
The State Bar never disciplined him for this, yet attorney James Nanko was disbarred in January for a misdemeanor criminal conviction, according to the State Bar.
Kaplan never was disciplined for the DUI.
His only discipline was a one-year suspension and a year of conditional probation issued by the Supreme Court in May 2019.
The ex-spouse of one of Kaplan’s recent clients reached out to State Bar Executive Director Leah Wilson and told her if the Bar doesn’t stop such attorneys from their unscrupulous behavior, more people including innocent children will be harmed.
The individual, who wanted to remain anonymous out of concern of retaliation said, “I am afraid of retaliation from Mark Kaplan as well as my husband.”
Wilson asked this individual if a complaint had been filed and told her “she was going to connect them to the Public Trust Liaison to discuss their options.
A woman named Shannon Calandri filed a lawsuit in 2021 against Kaplan alleging legal malpractice against Kaplan’s constructive fraud and aiding and abetting.
That lawsuit was withdrawn by the plaintiff last year, it’s unclear under what circumstances Calandri dropped the lawsuit until court documents are acquired.
Mark Allen Reel
Attorney Vanessa Diaz has been going through a custody battle with ex-boyfriend Mark Allen Reel, who was licensed by the State Bar in May 2021 despite having a restarting order against him for domestic violence in place since April 2018.
“The State of California gave my ex a license to practice law in the state and the same court,” Diaz said. “I informed the state bar he had a restarting order against him and they did nothing.”
Diaz filed a complaint to the State Bar which responded on April 29, 2022, telling Diaz that “further consideration can be given to your complaint, you must provide us with … copies of all documents supporting your allegation that Reel held himself out to be an attorney before being barred in California.”
Due to the COVID-19 pandemic, most State Bar staff are telecommuting. If possible, please send your response to this letter, and any further communication directed to the State Bar, using email in place of regular mail, the Bar added.
Diaz sent the requested documents and received the following response on May 3, 2022.
“Your complaint against attorney Mark Allen Reel has been reviewed and forwarded for further investigation and prosecution if warranted,” the Office of Chief Trial Counsel said.
Diaz last heard from the State Bar on June 30, 2022.
“You will need to file a complaint with DCSS who in turn will notify us to take appropriate action,” Omar Easley, Attorney of Regulation and Consumer Resources said.
Easley told Diaz if she thought Reel was practicing law without a license or that he had not properly disclosed a conviction of a crime, she could find information on filing a complaint with our intake department.
“This has ultimately caused a bias because the judges see him in court and can’t believe why I would need my restraining order and why my kids need to be protected,” Diaz said.
Elaine Fresch
At the David Copperfield Show at the MGM Grand Hotel and Casino on November 12, 2013, Gavin Cox was participating in the “runaround” portion of Copperfield’s “Thirteen” illusion, and was hurried with no guidance or instruction through a dark area outside of the MGM and he slipped and fell on an outdoor concrete path designated for the participants’ travel that was allegedly covered with dust.
Gavin and his wife Minh have been left destitute by the medical and attorneys’ fees since the insurance company and Copperfield refuse to settle or provide any compensation.
They filed a complaint with the California State Bar.
On May 8, 2018, the day before the jury was to view the accident sight, Copperfield’s attorney, Elaine Fresch, was caught on video, disguised as a custodian worker dressed in rubber cleaning gloves and head scarf, actively participating in altering and tampering with the accident site, according to a complaint filed with the State Bar.
“However, the request for a jury view was entirely improper, particularly in light of the defense counsel’s active participation in altering the subject premises as l captured on video,” attorney Brian Harris wrote.
The most significant changes that have occurred in the outdoor area where Cox fell are that a curb has been moved, the area has been cleaned over the years,nincluding in preparation for a potential view by the jury.
According to Minh Cox, Fresch has blatantly lied by concealing material facts to the State Bar when she denied being involved in altering the scene of Minh’s husband’s accident.
Elaine Fresch informed the judge that she wasn’t cleaning but the video shows her in a sweatshirt and jeans, her colleagues all in suits, according to Minh Cox.
“We’re still fighting for justice,” Minh said. “She has categorically lied to the State Bar of California.”
After several communications with the Bar, it closed Cox’s case despite video evidence being provided.
“After carefully viewing … the underlying matter, this office has concluded that we would not be able to prevail in a disciplinary proceeding,” Chelsy Smith, State Bar trial counsel wrote.
Minh was told the Bar never viewed the video
Chief Trial Counsel George Cardona told the Coxs that he has communicated with the Complaint Review Unit, which accepted their request for a 90-day extension to submit a request for review, according to email records.
Accordingly, that request will now be due by no later than August 25, 2023, Cardona said.
Brian Nicholas Folland
Attorney Brian Nicholas Folland was suspended by the Supreme Court of California on April 5, 2023, for violating professional rules of conduct as well as business and professional codes.
According to the notice of disciplinary charges, Folland was suspended for making inaccurate or misleading statements to the Labor Commission on or about February 21, 2019, and February 22, 2019.
Namely that the complainant sought only wages for work performed while she was married to her employer, for which she was ineligible for compensation, which resulted in the dismissal of her second wage claim. When the complainant sought wages for work performed between on or about November 1, 2016, and January 25, 2017, when she was not married to her employer, and therefore eligible for compensation.
Also, Folland failed to inform his client that on or about August 5, 2019, the court terminated the client’s parental rights to her son in the juvenile dependency case in Sacramento County Superior Court and thereby failed to keep respondent’s client reasonably informed of significant developments in a matter in which respondent had agreed to provide legal services, in willful violation of Business and Professions Code.
“In lieu of the foregoing facts and violations of the above-mentioned rules, the court decided to favor the petition and suspend the respondent from the practice of law,” the court ruled.
According to the State Bar of California, Folland was disciplined with a suspension, but no actual suspension, and his license is active.
