On Friday, May 19, 2023, the Supreme Court of California disbarred attorney Leora Rachel Lubliner after the latter failed to refund unearned fees to a client who terminated her services.

The case is entitled “In the matter of Leora Rachel Lubliner,” and was brought by the State Bar of California with case no. S279003.

The notice of disciplinary charges claimed that the individual being investigated had not promptly reimbursed fees that were not earned upon termination, had neglected to cooperate with the State Bar’s investigation, and had not kept their membership address updated.

To elaborate further, the disciplinary charges were based on three specific allegations against the respondent. Firstly, it was alleged that they had failed to promptly refund fees that were not earned when a service or engagement was terminated. This implies that the respondent had collected fees in advance for services that were not provided or completed, but did not return the unused portion to the affected parties in a timely manner. Secondly, the respondent was accused of failing to cooperate with the State Bar’s investigation. This suggests that when the State Bar initiated an inquiry into the respondent’s conduct, they did not actively participate or provide the necessary information, hindering the progress of the investigation.

Lastly, the respondent was charged with failing to update their membership address. This means that they did not notify the appropriate authorities or update their contact information with the relevant professional association, possibly resulting in communication breakdowns or difficulties in reaching them when necessary.

The Notice of Disciplinary Charges states:

“On August 4, 2016, Ms. Cote submitted a Request for Resolution of a Fee Dispute to the Bar Association of San Francisco in which she requested a refund in the amount of $14,033.26. On June 22, 2017, the arbitrator issued a ruling in which they found that Ms. Cote had actually overpaid $36,500 to the respondent, but they were unable to issue an award beyond that which was requested by the client. Thus, the arbitrator issued an award to Ms. Cote in the total amount of $15,015.59, which consisted of the amount owed plus arbitration fees. Respondent failed to pay the award to Ms. Cote and on October 7, 2020, the State Bar filed a Motion for Involuntary Inactive Enrollment of respondent pursuant to Business and Professions Code section 6203(d), and respondent was ordered inactive, effective November 25, 2020. To date, the respondent has failed to refund any part of the unearned advances to the client, in willful violation of former Rules of Professional Conduct, rule 3-700(D)(2).”

The Notice of Disciplinary Charges continues:

“In or around 2017, respondent stopped working at the address maintained on the official membership records of the State Bar, and thereafter failed to comply with the requirements of Business and Professions Code section 6002.1, by failing to notify the State Bar of the change in respondent’s address within 30 days, in willful violation of Business and Professions Code section 6068(j).”

The State Bar of California then recommended the disbarment of attorney Leora Rachel Lubliner after she failed to respond to disciplinary charges filed against her. Lubliner was served with a notice of disciplinary charges on June 6, 2022, but did not file a response, leading to the entry of a default on August 8, 2022. The court found that Lubliner had received actual notice of the proceedings but failed to participate. The recommended disbarment is based on several counts of misconduct, including the willful violation of rules related to the failure to refund unearned fees and the failure to cooperate in an investigation. Lubliner is also facing monetary sanctions of $5,000 and restitution of $14,033.26, plus interest, to be paid to the affected client. The court has further recommended that Lubliner comply with the requirements of California Rules of Court, Rule 9.20.

If the recommendation for disbarment is approved, Lubliner’s name will be struck from the roll of attorneys, and she will be prohibited from practicing law in California. The decision serves as a reminder of the consequences of failing to respond to disciplinary charges and the importance of upholding professional responsibilities in the legal profession.

The Decision and Order states:

“On November 1 7, 2022, OCTC timely filed and served the present petition for disbarment on Lubliner at her official State Bar records address after her default was entered on August 8, 2022. (See rule As required by rule 5.85(A), OCTC reported in the petition that: (l) there has been contacting with Lubliner after her default was entered;2 (2) there are currently no other disciplinary matters pending against her; (3) Lubliner has no prior discipline record; and (4) the Client Security Fund has not paid any claims as a result of her misconduct. Lubliner did not respond to the petition for disbarment nor moved to set aside or vacate the default. The case was submitted for decision on December 15, 2022.”

In lieu of the recommendation, the Supreme Court of California ordered that the respondent be disbarred.

The Disposition states:

“The court orders that Leora Rachel Lubliner (Respondent), State Bar Number 268303, is disbarred from the practice of law in California and that Respondent’s name is stricken from the roll of attorneys. The respondent must make restitution to Diante Cote, or such other recipient as may be designated by the Office of Probation or the State Bar Court, in the amount of $14,033.26 plus 10 percent interest per year from August l4, 2014 (or reimburse 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). Reimbursement to the Fund is enforceable as a money judgment and may be collected by the State Bar through any means permitted by law.”

Ms. Lubliner practices in Lafayette, California. She is licensed in California. Her info can be found on avvo.com.

A copy of the original filing can be found here.