California Supreme Court Disciplines Attorney Christopher Salvatore Scarcella for Mishandling Client Funds

On Monday, March 17, 2025, the Supreme Court of California suspended Attorney Christopher Salvatore Scarcella from practicing law for one year, with the suspension stayed pending a one-year probation period. Scarcella faces a 90-day actual suspension during the initial phase of his probation. The disciplinary action stems from professional misconduct related to a 2023 probate case.

The case is entitled “In the Matter of Christopher Salvatore Scarcella,” with case no. S288746.

In March 2023, Brenda Havro hired Scarcella to represent her in a probate matter involving the Estate of Gayle Papa in the Los Angeles Superior Court. Havro paid Scarcella an initial retainer of $2,975, which was to be held in a client trust account (CTA) per their agreement. Scarcella, however, did not deposit the unearned portion of these funds, amounting to $1,487.50, into a CTA, nor did he obtain Havro’s written consent to place the funds elsewhere, violating Rules of Professional Conduct, Rule 1.15. At the time, Scarcella did not maintain a CTA. In June 2023, Havro paid an additional $3,662.50, of this amount, $2,125 were advance fees, which Scarcella also failed to deposit into a CTA, again without Havro’s consent.

On July 17, 2023, Havro terminated Scarcella’s services and requested a refund and accounting of her payments. Scarcella did not provide the requested accounting, breaching Rules of Professional Conduct, rule 1.15(d)(4).

Following Havro’s complaint to the State Bar, Scarcella responded to an inquiry on November 28, 2023, falsely claiming that all fees were earned at the time of deposit. He also submitted a fabricated invoice dated July 11, 2023, listing services not previously billed to Havro, which he knew contained misleading information. These actions were deemed acts of moral turpitude and dishonesty, violating Business and Professions Code section 6106.

The Supreme Court’s order requires Scarcella to comply with probation conditions, including completing an e-learning course on the California Rules of Professional Conduct and State Bar Act within 90 days, maintaining updated contact information with the State Bar, and cooperating with the Office of Case Management & Supervision (OCMS). He must also submit quarterly reports and a final report to OCMS, documenting compliance with probation terms. Additionally, Scarcella is ordered to pay $1,875 in monetary sanctions to the State Bar’s Client Security Fund and cover disciplinary costs, both enforceable as money judgments.

Scarcella’s disciplinary history includes a prior case, SBC-19-0-30616, where he stipulated to multiple counts of misconduct, including failure to perform, communicate, return unearned fees, and cooperate with a State Bar investigation. In 2020, he entered the Alternative Discipline Program, resulting in a 30-day suspension in 2024. The current misconduct, occurring between March and November 2023, was aggravated by multiple acts of wrongdoing and his prior record but mitigated by his pretrial stipulation, which acknowledged his misconduct and saved State Bar resources.

According to Avvo.com, Mr. Scarcella is an estate planning attorney in Claremont, California. He attended the University of Texas School of Law, graduating in 2008. He acquired his law license in California in 2011.

A copy of the original filing can be found here.