Apple Valley, CA 92307-1256
2 July 2024 | Not eligible to practice law in CA (9 months, 2 weeks ago) Admin Inactive/CTAPP noncompliance |
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22 June 2004 | Active (20 years, 10 months ago) |
23 May 2004 | Not eligible to practice law in CA (20 years, 11 months ago) Discipline w/actual suspension 98-O-01162 |
30 September 2002 | Disciplinary charges filed in State Bar Court 98-O-01162 (22 years, 6 months ago) |
31 May 1979 | Admitted to the State Bar of California (45 years, 11 months ago) |
May 23, 2004 B. IVER BYE [#86036], 57, of Phelan was suspended for three years, stayed, placed on three years of probation with an actual 30-day suspension and was ordered to prove his rehabilitation and take the MPRE. The order took effect May 23, 2004. Bye stipulated to three counts of misconduct in three cases.In the first, he breached his duty of loyalty to a client. As a Los Angeles deputy district attorney, Bye filed a misdemeanor petty theft complaint against a woman but after meeting with her eight to 10 times, he determined there was insufficient evidence to prosecute her. During their meetings, the woman learned Bye’s home phone and pager numbers. She called him one day to tell him her child died after taking too many Tylenol caplets. During the conversation, Bye told her he was dismissing the petty theft charge.Eventually, the woman told Bye she was under investigation for her daughter’s death. Bye removed the file on the daughter’s death, reviewed it and told the woman he didn’t think the DA had a strong case, although he qualified his opinion and said other prosecutors might disagree with him.The woman was charged with manslaughter, child endangerment and cruelty to a child, all felonies, and four misdemeanor counts of furnishing alcohol to minors and was arrested in Florida.Bye told the public defender representing the woman that he would testify that she did not appear to be under the influence of alcohol when he interviewed her for the petty theft case. He did not notify the district attorney’s office or the prosecutor handling the manslaughter case that he had handled the woman’s petty theft matter, that the petty theft case involved the alleged stealing of a bottle of extra strength Tylenol (the medication that caused the child’s death), that he talked to the woman the day her daughter died and continued to have contact with her, or that he had reviewed the file and offered his opinion of the case to the woman. He also never advised the woman’s public defender that he had discussed the homicide with her.Bye was called to testify by the judge, to the surprise of the DA.In another case, Bye stipulated that he failed to notify the State Bar that he had a professional association with an attorney, Victor Dirnfeld, who had resigned with charges pending. Dirnfeld worked as an office administrator for another attorney, who was leaving her practice. He contacted Bye and suggested he take over the practice, which consisted of about 30 cases. Bye substituted in to those cases. According to the stipulation, he soon heard from other lawyers that Dirnfeld was not trustworthy, so he ended his relationship and substituted out of his cases.However, he never informed the clients, leaving that to the new attorney. This led to problems with two cases.He stipulated that he improperly withdrew from representation.In mitigation, Bye had no prior record of discipline, he cooperated with the bar’s investigation and he demonstrated remorse. |