“Beyond Tenacity To Truculence” En Route To Disbarment

A recent disciplinary summary from California

A Southern California attorney who claimed State Bar disciplinary proceedings are unconstitutional was disbarred from the practice of law after he ignored and rejected an earlier suspension and probation for disobeying court orders.

Martin Barnett Reiner [#144024], 58, of Beverly Hills, was disbarred April 21, 2017, and ordered to comply with rule 9.20 of the California Rules of Court. In 2014, Reiner was suspended for six months and placed on probation for two years for disobeying three court orders issued by workers’ compensation administrative law judges. He was also required to pay certain sanctions, attorney fees and costs. He was further ordered to comply with Rule 9.20 and file a compliance affidavit attesting that he notified clients, co-counsel, and opposing counsel of his suspension. Reiner never submitted a compliance affidavit. Instead, he asserted that the State Bar disciplinary proceedings and subsequent Supreme Court suspension order were invalid and unconstitutional.

In proceedings leading to Reiner’s disbarment, the hearing judge found Reiner culpable of violating rule 9.20(c). The State Bar Court Review Department affirmed that finding and rejected Reiner’s constitutional arguments as unavailing and an unreasonable interpretation not made in good faith. The court found that Reiner’s repeated willful disobedience of the court order, along with his refusal to acknowledge his wrongdoing showed an inability or unwillingness to conform to ethical responsibilities and requirements. It determined that disbarment is the generally appropriate sanction for a willful rule 9.20 violation. 

In aggravation, the court considered the fact that Reiner had previously been subject to discipline and has shown indifference and lack of insight and remorse. Both are significant aggravating factors. Quoting from another case, the court found Reiner’s overall defiance and lack of respect for the discipline process underscored the need to remove him from the profession: “Put simply, [Reiner][has gone] beyond tenacity to truculence.”