Opinion
S261937
07-15-2020
CHULAK ON DISCIPLINE
Recommended discipline imposed
The court orders that MICHAEL T. CHULAK (Respondent), State Bar Number 194744, is suspended from the practice of law in California for three years, execution of that period of suspension is stayed, and Respondent is placed on probation for three years subject to the following conditions:
1. Respondent is suspended from the practice of law for a minimum of the first two years of probation, and Respondent will remain suspended until the following requirements are satisfied:
i. Respondent makes restitution to the following payees or such other recipient as may be designated by the Office of Probation or the State Bar Court (or reimburses the Client Security Fund, to the extent of any payment from the Fund to such payee, in accordance with Business and Professions Code section 6140.5) and furnishes satisfactory proof to the State Bar's Office of Probation in Los Angeles:
(1) Michael Garetti in the amount of $5,363 plus 10 percent interest per year from April 18, 2017;
(2) Eugene and Gail Flaum in the amount of $5,000 plus 10 percent interest per year from December 8, 2016;
(3) Eugene and Gail Flaum in the amount of $5,000 plus 10 percent interest per year from October 26, 2017;
(4) Daniel Vicario in the amount of $4,000 plus 10 percent interest per year from November 6, 2018;
(5) Michelle A. Baum in the amount of $11,000 plus 10 percent interest per year from February 28, 2018; and
(6) Michelle A. Baum in the amount of $2,000 plus 10 percent interest per year from March 14, 2018.
ii. Respondent provides proof to the State Bar Court of rehabilitation, fitness to practice and present learning and ability in the general law. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. Respondent must comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on March 4, 2020.
3. At the expiration of the period of probation, if Respondent has complied with all conditions of probation, the period of stayed suspension will be satisfied, and that suspension will be terminated.
Respondent must provide to the State Bar's Office of Probation proof of taking and passing the Multistate Professional Responsibility Examination as recommended by the Hearing Department in its Order Approving Stipulation filed on March 4, 2020. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
Respondent must also comply with California Rules of Court, rule 9.20, and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the effective date of this order. Failure to do so may result in disbarment or suspension.
Respondent must also maintain the records of compliance as required by the conditions of probation.
Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment.