Robert Masenga, Esquire | SUSPENDED err sorta

Cal­i­for­nia. Hear Ye! Hear Ye!

On this date in the Golden State (was but they’re almost out of cash) Robert Vic­tor Masenga (CA-62020) was sus­pended by the State Bar of Cal­i­for­nia for two years.  The “Bar” stayed his sus­pen­sion (i.e., he’s really not sus­pended but the “Bar” wants to make his “dis­ci­pline” look harsh) and placed him on pro­ba­tion for five years with a 90-day actual sus­pen­sion.  Mr. Masenga was “ordered” to make resti­tu­tion to his vic­tims (clients in lawyer parlance).

This wasn’t Robert’s first brush with the “Bar.” He was sus­pended in 2001 for non-compliance with a “Bar” pro­gram.  While sus­pended he con­tin­ued to per­form legal work includ­ing advis­ing a cou­ple regard­ing their estates.

At the most recent hear­ing, Mr. Masenga stip­u­lated to mis­con­duct in five client mat­ters includ­ing prac­tic­ing law while sus­pended, fail­ing to coop­er­ate with the bar’s inves­ti­ga­tion, fail­ing to “com­pe­tently” per­form legal ser­vices in two client mat­ters and fail­ing to com­ply with rule 955 of the Cal­i­for­nia Rules of Court.

Appar­ently Mr. Masenga has men­tal health issues.  That’s strange.  An attor­ney with men­tal health issues?  The State Bar Court admit­ted him into its “diver­sion” pro­gram where he demon­strated to them the cor­re­la­tion between his “men­tal health issues” and his vio­la­tion of the Cal­i­for­nia Rules of Pro­fes­sional Con­duct and the Rules of Court.

Got it.  Mr. Masenga has men­tal health issues which appar­ently are recur­ring yet he can, after being sus­pended resume prac­tic­ing law.  His “sus­pen­sion” and pro­ba­tion are going to cure his men­tal health prob­lems and so clients needn’t be con­cerned.  They can trust him.  Trust him with their secrets?  Trust him with their money?  Trust that he will per­form legal ser­vices com­pe­tently in crim­i­nal or civil lit­i­ga­tion matters?

How do Mr. Masenga’s “clients” feel about the State Bar of Cal­i­for­nia’s dis­ci­pline in this mat­ter?  Has Mr. Masenga made ade­quate restitution?