The Trip Not Taken

The California State Bar Court Review Department has recommended a partially stayed two-year suspension and probation for misconduct in two matters.

The recommendation would require an actual suspension of six months.

From 1998 to 2008, Cisneros was a partner at the law firm of Graham, Vaage & Cisneros (Graham Vaage). He represented SMS Financial, LLC (SMS) in numerous client matters. In early 2008, he filed a complaint on behalf of SMS that included causes of action for judicial foreclosure of a deed of trust and breach of continuing guaranty. Cisneros sought a writ of attachment, and a hearing was scheduled for June 11, 2008, after several continuances. Two days before the hearing, Cisneros called Jonathan Hoffer, an SMS partner, claiming he had traveled six hours roundtrip to attend the hearing. He advised Hoffer that the writ application had been taken under submission. None of this was true, which Hoffer discovered when he contacted the court. Hoffer confronted Cisneros by telephone. Cisneros apologized for making the misrepresentation. Thereafter, SMS terminated Cisneros, who fully cooperated in returning SMS’s 90 to 100 client files. At trial, Cisneros testified he felt “horrible” about the situation, but did not explain why he had lied to his client.

In an unrelated matter, the review department found he engaged in what it called misappropriation through gross negligence.

There were a number of mitigating factors, including cooperation, remorse and favorable character testimony. (Mike Frisch)