11 June 2014

Lak decision; Attorney Roasted


Introduction1

In this original disciplinary proceeding, the Office of the Chief Trial Counsel of the State of Bar of California (State Bar) charged Daniel Kristof Lak (respondent) with a total of eight counts of misconduct in three matters. The charges include failing to perform legal services with competence, failing to inform a client of significant developments, moral turpitude –  misrepresentation to a client, failing to render accounts of client funds, practicing law while suspended, misusing a client trust account, failing to maintain respect for the court, and seeking to mislead a judge. The court finds respondent culpable on all counts and after considering the facts and the law recommends, among other things, that respondent be suspended from the practice of law for a period of two years and until he provides proof to the State Bar Court of his rehabilitation, fitness to practice, and learning and ability in the general law.


Click on image to enlarge.























     1  Unless otherwise indicated, all references to rules refer to the State Bar Rules of
Professional Conduct. Furthermore, all statutory references are to the Business and Professions Code unless otherwise indicated. 


     2  One of the errors was the incorrect spelling of Liu’s name. Respondent testified that
he was aware of the misspelling prior to filing the documents. 

"Thelsey S. Fuller" (sic)


See ya!

i t j



4 comments:

  1. The court decision against this gleep Daniel Kristof Lak was pretty harsh. It found that he intentionally, recklessly and repeatedly failed to perform his legal services competently, and committed an act involving dishonesty, moral turpitude and corruption.
    Further, he was found guilty of representing himself as a lawyer while under suspension, and attempting to mislead a judge or judicial officer.

    The court found his testimony lacked credibility and that he demonstrated a pattern of misconduct.

    The court also had this comment: “For some unexplained reason, respondent believes that he is somehow absolved from following his ethical responsibilities on the proper use of his CTA [client-trust checking account] because he was attempting to change his account from a CTA to a business account.” Actually, it seems this guy for some unexplained reason believes that he is somehow absolved from being a decent human being in general.

    With all these findings, a two year suspension seems like pretty light punishment. Granted, the court says it’s object is not to punish the lawyer, but to protect the public; but in two years this gleep will be free to prey again upon unsuspecting people in need of legal help

    ReplyDelete
    Replies
    1. Mr. Dan still faces a host of other charges.

      http://members.calbar.ca.gov/courtDocs/13-O-16490.pdf

      Delete
  2. Reading this gleep’s response to the most current charges against him is like watching an episode of The Twilight Zone. Does he really think he is fooling anybody, or does he just have a very confused mind?

    The main charges against lak are that he represented himself as a lawyer while he was under suspension. His “proof” of innocence clearly shows that he WAS representing himself as a lawyer while under suspension.

    On March 28, 2013 the other attorney involved in this complaint sent an email to lak saying “…thank you for taking time out of your obviously busy schedule to meet with me.” According to the State Bar records lak was under suspension at that time. Did the other attorney know of the suspension and was he being sarcastic? Or was he referring to all the time lak spent at rock & roll band practice and bellowing out tunes for tips at karaoke bars?

    Lak states that he withdrew from the case in question because the other attorney would not communicate with him. Is it possible the other attorney knew of lak’s suspension and that’s why he wouldn’t communicate with him? Just wondering.

    He’s going to be suspended for two years as a result of the previous court case against him. This case is just more of the same behavior. Lak is a menace to the unsuspecting people in need of legal assistance. Maybe when the time for this case is added on he’ll be suspended for quite a bit longer.

    ReplyDelete
    Replies
    1. There is another case being investigated against Mr. Dan that has not been filed by the State Bar.

      Re: Thelsey L. Fuller

      Delete

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