LOS ANGELES — Mark David Greenberg, a 64-year-old attorney based
in Oakland, was placed on probation on Nov. 18, 2016.
According to a news
release on the State Bar website, the State Bar Court of
California made the decision to suspend Greenberg after investigating
three counts of misconduct against the attorney.
In 2001, according to court documents,
Greenberg filed a federal habeas corpus petition on behalf of an
inmate who was convicted of first-degree murder. The petition was
denied in 2004, and the attorney failed to file an objection and the
client was unable to appeal his conviction. In 2011, the inmate
notified the court that Greenberg had abandoned him. When asked about
this claim, the attorney responded that he had forgotten he was
representing the client and that he ignored mail from former clients
as a practice.
A second count of misconduct was charged from a case in which
Greenberg represented an inmate convicted of a sexual offense. The
client had appealed his conviction, but was denied by the state
Supreme Court in June 2015. The attorney failed to inform his client.
The client requested his files from the attorney several times, but
Greenberg did not produce them until after the deadline for the
inmate to file a petition of certiorari.
The final charge of misconduct stemmed from Greenberg’s
representation of another inmate charged with first-degree murder.
When the client’s appeal was denied in 2012, she requested her
files from the attorney. Greenberg produced several papers, but
failed to provide her with the file in its entirety.
The State Bar took the following mitigating circumstances into
account when determining proper discipline for Greenberg. The
attorney, who was admitted
to the State Bar in 1981 after graduating from the University of San
Francisco School of Law, has no prior record of discipline. In
addition, the attorney fully cooperated with the State Bar
investigation and admitted to his mistakes.
Greenberg will be placed on a one year of probation. He will be
required to submit quarterly updates to the State Bar and report any
changes in his status within 10 days under the penalty of perjury.
Greenberg will also need to set up a meeting with a probation officer
within 30 days of the effective discipline.
In addition to the suspension, Greenberg must take and pass the
Multistate Professional Responsibility Examination. Failure to pass
the exam or to follow any other conditions of his probation will
result in a year of suspension without hearing. Greenberg is
responsible for all court costs and membership fees, which may
increase at any time.
Court documents for all State Bar Court of California cases and
information on the State Bar can be found online at calbar.ca.gov.