Frank Barilla

DENNIS MICHAEL SACKS [#86377], 62, of Riverside was suspended for two years, stayed, placed on two years of probation with a one-year actual suspension and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect July 6, 2011. Sacks stipulated to 19 counts of misconduct in five matters. He filed a bankruptcy petition for a client who paid a $3,500 advance fee plus $274 for filing fees. The petition was dismissed for failure to timely file certain required documents, including a copy of the client's 2006 tax return. Sacks agreed to file a new petition if the client paid the filing fee. At the time, he knew the client's home was about to be foreclosed upon but didn't tell the client he would file a new bankruptcy petition prior to the foreclosure. He didn't account for his client's funds when asked. Sacks stipulated that he failed to perform legal services competently, inform a client of significant developments in his case, account for client funds or refund an unearned fee. He filed a bankruptcy petition for another client, in part to avoid foreclosure on her home. She paid $18,000 in advance fees and about $1,130 in costs. He made misrepresentations to the court in some of the documents he filed and did not properly complete and file other documents. The court approved a motion by the trustee to dismiss the petition, converted it from Chapter 11 to Chapter 7 and ordered Sacks to return $18,000 in attorney fees to the client. He repaid $14,000 but did not return the remainder until contacted by the State Bar. In another matter, Sacks contacted a woman facing foreclosure and offered to represent her. He provided an agreement that she signed that basically gave title to her property to a firm in which Sacks had an interest. The terms of the agreement were not fair to the client. Sacks stipulated that he obtained an interest adverse to his client and did not provide written disclosure to her. He also disobeyed court orders and made misrepresentations to the client. He filed an incomplete bankruptcy petition for another client and didn't inform the client when the petition was dismissed. In addition, Sacks substituted in to a probate matter in which he represented clients with a potential conflict of interest.