ROGER JAMES AGAJANIAN [#55393], 65, of Lake Forest was disbarred Nov. 4, 2010, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court.
The State Bar Court found that Agajanian committed 18 acts of misconduct in three client matters as well as extensive trust accounting violations. The misconduct included charging an illegal fee of $28,000, failing to maintain client funds, obey a court order or communicate with clients, perform services competently, commingling funds in his trust account, misappropriating $28,600, improper withdrawal from employment, seeking an agreement to withdraw a State Bar complaint, and committing multiple acts of moral turpitude and dishonesty.
Agajanian has been disciplined three times in the last 23 years, resigned with charges pending in 1994 and was reinstated in 2001. “Given (his) history of recidivism . . . the recommended degree of discipline in this matter leaves no room for debate,” wrote Judge Richard Platel.
In a conservatorship, Agajanian accepted a fee of $28,000 without obtaining the required court permission. He failed to return $25,000 to the client despite a court order, misappropriated that amount, commingled funds in his client trust account, which he used to pay personal and business expenses, and he made misrepresentations to the court, including claims that he was owed $23,950 in attorney’s fees and had not received any fees prior to that time. He also conditioned a settlement agreement on a party withdrawing his complaint about Agajanian to the State Bar.
In a personal injury case he took on a contingency basis, Agajanian misappropriated $3,600 of the $6,000 settlement check he received, allowing the balance in his trust account to fall to a negative amount.
Agajanian handled a construction defect matter through trial, and a judgment was entered against his client. He filed a notice of appeal, but it was dismissed because he failed to timely deposit costs for preparation of the record on appeal. He did not notify his client of the dismissal or take any steps to avoid prejudice to the client. She didn’t learn about the dismissal for six months and hired a new lawyer when Agajanian didn’t return her phone calls. The new lawyer was able to reinstate the appeal, but Agajanian never provided court reporter’s transcripts.
Agajanian was first disciplined in 1990 after convictions on two counts of criminal contempt for making misleading statements to the court. He was sentenced to 90 days in federal prison. After two more suspensions, and with four disciplinary matters pending, Agajanian resigned in 1994.
In recommending disbarment, Platel said Agajanian “had repeatedly committed misconduct during 23 of the 37 years of his practice,” said he was concerned the misconduct would recur.
