Case Number(s): 03-C-03789-RAP
In the Matter of: Larry Sherban Lapica, Bar # 86303, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Charles A. Murray, Bar # 146069
Counsel for Respondent: JoAnne E. Robbins, Bar # 82352
Submitted to: Settlement Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: September 13, 2005.
<<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.
1. Respondent is a member of the State Bar of California, admitted May 31, 1979.
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 12 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):
checked. Costs are added to membership fee for calendar year following effective date of discipline.
<<not>> checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: . (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.
IN THE MATTER OF: Larry Sherban Lapica, State Bar No. 86303
STATE BAR COURT CASE NUMBER: 03-C-03789
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph A.(6), was August 17, 2005.
PARTIES ARE BOUND BY THE STIPULATED FACTS:
The patties intend to be and are hereby bound by the stipulated facts contained in this stipulation. This stipulation as to facts and the facts so stipulated shall independently survive even if the conclusions of law and/or stipulated disposition set forth herein are rejected or changed in any manner whatsoever by the Hearing Department or the Review Department of the State Bar Court, or by the California Supreme Court.
WAIVER OF FINALITY OF CONVICTION (rule 607):
Pursuant to the Rules of Procedure of the State Bar of California, rule 607 the parties stipulate that the Court may decide the issues as to the discipline to be imposed even if the criminal convictions discussed herein are not final.
Respondent waives finality of his conviction and consents to the State Bar Court’s acceptance of this Stipulation as to facts, conclusions of law and discipline in all respects as if the conviction was final, including the entry of findings consistent with this Stipulation, imposition of discipline, or entry of a recommendation as to the degree of the discipline to be imposed.
Respondent waives any right to challenge on the basis of a lack of finality of his conviction the State Bar Court’s recommendation of discipline, if any, and the actual imposition of discipline, if any, by the State Bar Court or the California Supreme Court.
Respondent further waives any right he may have to seek review of reconsideration on the basis of any relief he may receive as a result of any appeal of, or petition regarding, the criminal conviction underlying any recommendation of and/or actual imposition of discipline by the State Bar Court or the California Supreme Court.
PROCEDURAL BACKGROUND.
On September 25, 2003, Respondent was convicted of misdemeanor violations of California Vehicle Code sections 23153(b) and 20001(a).
On February 19, 2004, the Review Department of the State Bar Court issued an order referring this matter to the Hearing Department on the issue of whether of whether the facts and circumstances surrounding the offenses of which Respondent was convicted involved moral turpitude or other misconduct warranting discipline. On February 24, 2004 the Review Department of the State Bar Court issued an amended order to correct a typographical error in the February 19, 2004 referral order.
On June 16, 2004, the Review Department of the State Bar Court issued an augmented order directing the Hearing Department to include a hearing and decision recommending discipline to be imposed in the event the hearing Department finds that the facts and circumstances surrounding the offense of which Respondent was convicted involved moral turpitude or other misconduct warranting discipline.
STIPULATION AS TO FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are tree and that he is culpable of violations of the specified statues and/or Rules of Professional Conduct, or has otherwise committed acts of misconduct warranting discipline:
STIPULATED FACTS:
On April 27, 1999, Respondent was convicted for a misdemeanor violation of Vehicle Code section 23152(a), driving under the influence of alcohol. [Docket No. RlM381064, Court No. 33100]. Imposition of sentencing was stayed and Respondent was placed on informal probation for three (3) years on conditions that included that he not drive with alcohol in his system; submit to chemical tests of his blood, breath or urine and reasonable physical tests requested by law enforcement for detection of controlled substances or alcohol; and, attend and complete a first offender DUI program. He completed the terms of his informal probation to the satisfaction of the criminal court. Probation terminated on April 27, 2002.
On May 13, 2003, in Riverside, California, while intoxicated and driving a motor vehicle, Respondent made an unsafe left tam in front of on-coming traffic resulting in a collision. The occupants of the other vehicle involved in that collision suffered bodily injury and were taken to the hospital. Respondent left information with the other driver identifying himself but he did not fulfill his other obligations before leaving the scene of the accident. He drove a short distance, parked his vehicle, and proceeded on foot. After searching the area, the police found Respondent a few blocks away. Respondent displayed strong objective symptoms of being under the influence of alcohol. He refused to give any statements or take any field sobriety tests. Upon further questioning by police, Respondent admitted driving and submitted to a blood test which determined his blood alcohol content to be 0.13%.
As a result of this incident, on September 25, 2003, in Riverside County Superior Court [case number RIM440118, State of California v. Larry Sherban Lapica] Respondent entered a plea of guilty to and was convicted of misdemeanor violations of Vehicle Code section 23153(b), driving a vehicle with a blood alcohol or 0.08% or more and causing bodily injury to another person; and, Vehicle Code section 20001(a), failing to stop and fulfill his obligations after being involved as a driver in an accident resulting in bodily injury. Imposition of sentencing was stayed and Respondent was placed on four (4) years informal probation with terms and conditions including, among others, obey all laws; 90 days incarceration (weekend program); 18 months restricted driving privileges; and, attend and complete a SB38 second offender alcohol program (completed April 2005).
CONCLUSIONS OF LAW:
The facts and circumstances surrounding Respondent’s offenses - as set forth above - do not involve moral turpitude but do involve other misconduct warranting discipline.
AUTHORITIES SUPPORTING DISCIPLINE:
Standards 1.2, 1.3, 1.4, 1.5, 1.6, and 3.4 of the Standards of Attorney Sanctions for Professional Misconduct, Title IV, of the Rules of Procedure of the State Bar of California. In re Kelly (1990) 52 Cal.3d 487. Attorney convicted of second DUI, not involving bodily injury or other charges, found culpable of other misconduct warranting discipline. No finding of moral turpitude. Discipline recommended by the Review Department of the State Bar Court and affirmed by the Supreme Court was a public reproval for 3 years with conditions which included a referral to the State Bar’s then-existing Program on Alcohol Abuse and compliance with all terms of that program. (See also: In re Anderson (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 208 discipline must be based on the facts and circumstances of the case; and In re Carr (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr.108.)
SUBSTANCE ABUSE AND MENTAL HEALTH CONDITIONS:
The following conditions are derived from recommendations of an expert in alcohol and addiction after Respondent’s successful completion of a 90 day in-patient alcohol recovery program end two years of continued out-patient treatment and monitored sobriety since his discharge.
ABSTINENCE: For the entire period of probation set forth in this order, Respondent shall abstain from the use of any alcoholic beverages, and shall not use or possess any narcotics, dangerous or restricted drugs, controlled substances, marijuana, or associated paraphernalia, except with a valid prescription.
Reporting of Abstinence to the Office of Probation:
With each written quarterly report or final report required as a condition of this probation, Respondent shall provide to the Office of Probation a declaration under penalty of perjury regarding his compliance with this Abstinence condition.
ABSTINENCE-BASED SUPPORT MEETINGS:
Meeting: During the period of probation set forth in this order, Respondent shall attend at least two (2) meetings per week of any acceptable sobriety maintenance program.
Respondent has been advised that he may choose one of any acceptable sobriety maintenance program, including any self-help maintenance programs which includes (i) a subculture to support recovery (meetings); and (ii) a process of personal development that does not have financial barriers. Appropriate 12-step groups are acceptable. Examples of acceptable programs include, without limitation, Alcoholics Anonymous ("AA"), Narcotics Anonymous ("NA"), Rational Recovery ("RR"), Self Management and Recovery Training ("SMART"), Secular Organization for Sobriety ("SOS"); LifeRing; and Right On Programs.
Reporting of Abstinence-based Support Meetings Attendance to the Office of Probation:
With each written quarterly report or final report required as a condition of probation set forth in this order, Respondent shall report his compliance with this condition in writing under penalty of perjury and he shall provide to the Office of Probation satisfactory proof of attendance at the above-described meetings. Proof of attendance shall include submission of a writing which clearly provides for each meeting he attends - the date and time of the meeting, name of the meeting, location of the meeting, and which bears the signature of the secretary of the meeting verifying Respondent’s attendance at that meeting.
THE OTHER BAR MEETINGS:
During the period of probation set forth in this order, and in addition to the abstinence-based support group meetings described above, Respondent shall attend at least three (3) meetings per month of the attorney recovery support group known as THE OTHER BAR.
Reporting of THE OTHER BAR Meetings Attendance to the Office of Probation:
With each written quarterly report or final report required as a condition of probation set forth in this order, Respondent shall provide to the Office of Probation satisfactory proof of attendance at THE OTHER BAR meetings. Proof of attendance shall include submission of a writing which clearly provides for each meeting he attends - the date and time of the meeting, name of the meeting, location of the meeting, and which bears the signature of the secretary of the meeting verifying Respondent’s attendance at that meeting.
INDIVIDUAL TREATMENT:
During the period of probation set forth in this order, Respondent shall participate in therapy with an alcohol addiction specialist (therapist) meeting the approval of the Office of Probation. The frequency of therapy sessions or other alcohol recovery treatment recommendations shall be according to those recommendations set forth by the therapist.
Respondent shall authorize and instruct this therapist to prepare and submit a report to the Office of Probation for each quarter describing Respondent’s compliance with attendance for therapy and other alcohol recovery treatment recommendations. Respondent shall further authorize and instruct this therapist to advise the Office of Probation within five (5) days of any incident of non-compliance by Respondent with the conditions of his therapy and treatment.
Within twenty (20) days of the effective date of this order, Respondent shall provide this therapist with a copy of this Stipulation and a release waiving rights of privacy and privilege to the extent it authorizes this doctor to submit the above-described reports to the Office of Probation.
Reporting of Therapy Attendance and Compliance to the Office of Probation
With each written quarterly report or final report required as a condition of probation set forth in this order, Respondent shall report in writing under penalty of perjury his compliance with this Individual Treatment condition and he shall provide to the Office of Probation satisfactory proof of his compliance. Such proof shall include, but is not limited to, submission of a writing which clearly provides for each therapy session he attends - the date and time of the session and which bears the signature of the therapist verifying Respondent’s attendance at that session.
Within thirty (30) days of the effective date of probation set forth in this order, Respondent shall provide the Office of Probation with satisfactory proof of that he has provided his therapist with a copy this stipulation, and instructions and written consent to disclose the above-described information to the Office of Probation.
MODIFICATION OF CONDITIONS:
Modification of these conditions shall be pursuant to the Rules of Procedure of the State Bar of California, rule 550 et seq.
SIGNATURE OF THE PARTIES
Case Number(s): 03-C-03789
In the Matter of: Larry Sherban Lapica, State Bar No.: 86303
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:
Respondent: Larry Sherban Lapica
Date: August 24, 2005
Respondent’s Counsel: JoAnne e. Robbins
Date: August 26, 2005
Deputy Trial Counsel: Charles A. Murray
Date: August 31, 2005
Case Number(s): 03-C-03789
In the Matter of: Larry Sherban Lapica, State Bar No.: 86303
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 135(b), 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 953(a), California Rules of Court.)
Signed by:
Judge of the State Bar Court: Richard A. Honn
Date: September 13, 2005
[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 Los Angeles, on September 13, 2005, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
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:
JOANNE ROBBINS A/L
KARPMAN & ASSOCIATES
9200 SUNSET BLVD PH #7
LOS ANGELES, CA 90069
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
CHARLES MURRAY ESQ, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on September 13, 2005.
Signed by:
Angela Owens-Carpenter
Case Administrator
State Bar Court