Opinion
S238640
03-01-2017
SCHEER ON DISCIPLINE
Petition for review denied; recommended discipline imposed
The petition for review is denied.
The court orders that MARILYN SUE SCHEER, State Bar Number 132544, is suspended from the practice of law in California for two years, execution of that period of suspension is stayed, and is placed on probation for three years subject to the following conditions:
1. MARILYN SUE SCHEER is suspended from the practice of law until the following requirements are satisfied:
a. She makes restitution to the following payees (or reimburses the Client Security Fund, to the extent of any payment from the fund to the payees, in accordance with Business and Professions Code section 6140.5) and furnishes proof to the State Bar's Office of Probation in Los Angeles:
(1) Aderito Pereira in the amount of $4,000 plus 10 percent interest per year from March 20, 2010;
(2) Bom-Singh and Suhila Ranabhat in the amount of $3,500 plus 10 percent interest per year from January 15, 2010;
(3) Maynard and Karen Osborne in the amount of $4,500 plus 10 percent interest per year from May 7, 2010; and
(4) Lisa Hairston-Jones and Winston M. Jones in the amount of $6,000 plus 10 percent interest per year from March 17, 2010.
b. In the event that the period of SCHEER's resulting actual suspension lasts for two years or longer, she must also provide proof to the State Bar Court of her rehabilitation, fitness to practice, and present learning and ability in the general law before her suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. MARILYN SUE SCHEER must also comply with the other conditions of probation recommended by the Review Department of the State Bar Court in its Opinion filed on September 28, 2016.
3. At the expiration of the period of probation, if MARILYN SUE SCHEER has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
If MARILYN SUE SCHEER remains actually suspended for 90 days or more, she 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 120 and 130 calendar days, respectively, after the effective date of this order. Failure to do so may result in disbarment or suspension.
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.