Court disbars Las Vegas lawyer

Wednesday, Sept. 14, 2005 | 8:57 a.m.

CARSON CITY -- The Nevada Supreme Court on Tuesday disbarred Las Vegas lawyer Lawrence J. Davidson because he admitted he was guilty of forgery, falsification of a court order and misappropriation of more than $800,000 from his clients, according to the court.

Davidson submitted an agreement that he freely and voluntarily consents to disbarment and that he could not successfully defend himself against the complaints filed against him.

In April, Davidson pleaded guilty to charges that he had forged the signature of a federal judge. He did it to mislead a client and to try to avoid malpractice charges, prosecutors said. In June he was sentenced to six months in prison.

The court also ordered attorney Herman G. Herbig of Minden disbarred after a court legal malpractice judgment was entered that he misappropriated $810,000 from his client Dr. Philip Minton of Reno.

The court said Herbig has either fled the state or is hiding in Nevada to avoid service of the complaint. In the court judgment Herbig was also hit with more than $2 million in punitive damages, attorney fees and costs.

If Herbig ever seeks reinstatement to practice law, he must make restitution to Minton. Herbig was hired by the doctor for estate planning purposes and turned over his financial records and other documents to the attorney. Minton later asked for return of the records and never got them.

The court ordered the suspension of Las Vegas attorney David J. Arsenault for six months and one day. He was also ordered to refund $1,500 to former client Raymond Jopes.

Arsenault took the money from Jopes to file a District Court appeal but failed to appear at a hearing, leading to a dismissal. Arsenault also failed to respond to Jopes' calls and requests that his file be returned.

Arsenault signed an agreement to the suspension.

The court stayed a 90-day suspension for Las Vegas attorneys Anthony Ashby and George Ranalli for commingling their firm's funds with client and third party funds in their trust account. They also failed to keep updated accounts.

They reported their shortcomings to the state Bar Association and agreed with the discipline. They also must take a course in trust account management and be under a mentor for one-year after being reinstated.

Edward E. Vargas, a California attorney licensed to practice in Nevada, was suspended for 60 days and placed on probation for three years. The order by the Nevada Supreme Court follows a similar disciplinary action by the California Supreme Court.

Vargas was "of counsel" to a non-attorney legal service firm and permitted these non-lawyers to interview clients and sign their names on pleadings, discovery and correspondence without seeing the documents in California.

Suits filed by the legal service company were found by California courts to be insufficient or frivolous and Vargas was sanctioned $6,500 in one case.