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STATE BAR OF CALIFOR\'IA OFFICE OF CHIEF TRIAL COUNSEL MELANIE J. LAWRENCE, No. 230102 1NTER.IM CHIEF TRIAL COUNSEL SUSAN CHAN, No. 233229 ASSISTANT CHIEF TRIAL COUNSEL ROBERT A. HENDERSON, No. 173205 SUPERVISING ATTORNEY PETER KLIVAN S, No. 236673 DEPUTY TRIAL COUNSEL 180 Howard Street San Francisco, California 94105-1639 Telephone: (415) 538-2447

UBLIC MATTER FLEES3 SEP 06 Zfiifi

STATE BAR COURT CLERK'S OF-FECE SAN FRANCHSCO

kwlkta ° 197149 916

STATE BAR COURT HEARING DEPARTMENT - SAN FRANCISCO

In the Matter of:

DAVID SHIH—KUN SHEEN, No. 215625,

A Member of the State Bar

Case No. 18-O-12321; 18-O—12718 )) ) AMENDED ) NOTICE OF DISCIPLINARY CHARGES)

))

NOTICE - FAILURE TO RESPOND! IF YOU FAIL TO FILE A WRITTEN ANSWER TO THIS NOTICE WITHIN 20 DAYS AFTER SERVICE, OR IF YOU FAIL TO APPEAR AT THE STATE BAR COURT TRIAL: (1) YOUR DEFAULT WILL BE ENTERED;

) YOUR STATUS WILL BE CHANGED TO INACTIVE AND YOU WILL NOT BE PERMITTED TO PRACTICE LAW; ) YOU VVILL NOT BE PERMITTED TO PARTICIPATE FURTHER IN THESE PROCEEDINGS UNLESS YOU MAKE A TIMELY MOTION AND THE DEFAULT IS SET ASIDE, AND; ) YOU SHALL BE SUBJECT TO ADDITIONAL DISCIPLINE. SPECIFICALLY, IF YOU FAIL TO TIMELY MOVE TO SET ASIDE OR VACATE YOUR DEFAULT, THIS COURT WILL ENTER AN ORDER RECOMMENDING YOUR DISBARMENT WITHOUT FURTHER HEARING OR PROCEEDING. SEE RULE 5.80 ET SEQ., RULES OF PROCEDURE OF THE STATE BAR OF CALIFORNIA.

The State Bar of California alleges:

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JURISDICTION

1. David Shih-Kun Sheen (“respondent”) was admitted to the practice of law in the State

of California on December 3, 2001, was a member at all times pertinent to these charges, and is

currently a member of the State Bar of California.

COUNT ONE Case No. 18-O-12321

Rules of Professional Conduct, Rule 3-110(A) [Failure to Perform with Competence]

2. On or about August 27, 2016, Hsiao-Kuo Wang and Tien-Yu Ho employed respondent to perform legal services, namely to assist with estate planning matters. On or about October 1, 2016, Hsiao-Kuo Wang and Tien-Yu Ho asked respondent to prepare a trust transfer deed, which respondent intentionally, recklessly, or repeatedly failed to perform with

competence, in willfifl violation of Rules of Professional Conduct, rule 3-110(A), by the

following:

A. Failing to record timely a trust transfer deed.

B. Failing to prepare and record a compliant trust transfer deed.

COUNT TWO Case No. I8-O—1232l

Business and Professions Code section 6068(m) [Failure to Respond to Client Inquiries]

3. Respondent failed to respond promptly or substantively to multiple reasonable status

inquiries made by Hsiao-Kuo Wang and Tien-Yu Ho, between on or about January 18, 2017 and on or about July 1, 2018 that respondent received in a matter in which respondent had agreed to

provide legal services, in willful violation of Business and Professions Code section 6068(m).

COUNT THREE Case No. 18-O-12321

Business and Professions Code section 6068(m) [Failure to Inform of Significant Development]

4. Respondent failed to keep respondent’s clients, Hsiao-Kuo Wang and Tien-Yu Ho, reasonably informed of significant developments in a matter in which respondent had agreed to

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provide legal services, in willful violation of Business and Professions Code, section 6068(m),

by failing to inform the client of the following:

A. A compliant trust transfer deed was never recorded COUNT FOUR

Case No. 18-0-12718 Rules of Professional Conduct, Rule 3-110(A)

[Failure to Perform with Competence]

5. On or about May 11, 2017, Jackson Lee and Li Ching Cheng employed respondent to perform legal services, namely to prepare immigration applications and petitions including but

not limited to an I-130 immigration petition, I-485 adjustment of status, I-131 advance parole,

and I-765 work authorization applications (“Li Ching Cheng Applications”) for Li Ching Cheng,

which respondent intentionally, recklessly, or repeatedly failed to perform with competence, in

willful violation of Rules of Professional Conduct, rule 3-1l0(A), by the following:

A. Failing to timely submit to the U.S. Citizenship and Irnmigration Services the Li

Ching Cheng Applications;

B. Failing to timely submit to the U.S. Citizenship and Immigration Services compliant

Li Ching Cheng Applications.

COUNT FIVE Case No. 18-0-12718

Business and Professions Code section 6068(m) [Failure to Infonn of Significant Development]

6. Respondent failed to keep respondcnt’s clients, Jackson Lee and Li Ching Cheng,

reasonably informed of significant developments in a matter in which respondent had agreed to

provide legal services, in willful violation of Business and Professions Code, section 6068(m),

by failing to inform the clients of the following:

A. The Li Ching Cheng Applications were not timely submitted to the U.S. Citizenship

and Immigration Services.

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COUNT SIX Case No. 18-O-12718

Rule of Professional Conduct, Rule 4-100(A) [Failure to Deposit Client Funds in Trust Account]

7. On or about May 11, 2017, respondent received on behalf of respondent’s clients, Jackson Lee and Li Ching Cheng, $3,820, of which at least $1,820 was for advanced costs for

immigration services. Respondent failed to deposit the $3,820 into a client trust account.

Instead, respondent deposited the $3,820 into respondent’s general business checking account at

Bank of America, account no. XXXXXXXX9086. 8. Respondent failed to deposit at least $1,820 in advanced costs for the benefit of the

clients in respondent’s client trust account, in willful violation of Rules of Professional Conduct,

rule 4-l00(A).

COUNT SEVEN Case No. 18-0—127I8

Business and Professions Code section 6106 [Moral Turpitude - Misappropriation]

9. On or about May 11, 2017, respondent received on behalf of respondent’s clients, Jackson Lee and Li Ching Cheng, $3,820, of which at least $1,820 was for advanced oosts.

Respondent deposited the $3,820 into respondent’s general business checking account at Bank of

America, account no. XXXXXXXX9086. Between on or about May 11, 2017 and on or about February 26, 2018, respondent willfully and intentionally misappropriated $1,820 that

respondent’s clients were entitled to receive the benefit of in the form of costs to be "paid for the

Li Ching Cheng Applications. Respondent thereby committed an act involving moral turpitude,

dishonesty or corruption in violation of Business and Professions Code, section 6106.

10. A violation of section 6106 may result fi'om intentional conduct or grossly negligent conduct. Respondent is charged with committing an intentional misappropriation. However,

should the evidence at trial demonstrate that respondent misappropriated funds as a result of

grossly negligent conduct, respondent must still be found culpable of violating section 6106

because misappropriation through gross negligence is a lesser included offense of intentional

misappropriation.

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DATED: September 6, 2018

NOTICE - INACTIVE ENROLLMENT! YOU ARE HEREBY FURTHER NOTIFIED THAT IF THE STATE BAR COURT FINDS, PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6007(c), THAT YOUR CONDUCT POSES A SUBSTANTIAL THREAT OF I-IARM TO THE INTERESTS OF YOUR CLIENTS OR TO THE PUBLIC, YOU MAY BE INVOLUNTARILY ENROLLED AS AN INACTIVE MEMBER OF THE STATE BAR. YOUR INACTIVE ENROLLMENT WOULD BE IN ADDITION TO ANY DISCIPLINE RECONIMENDED BY THE COURT.

NOTICE - COST ASSESSMENT! IN THE EVENT THESE PROCEDURES RESULT IN PUBLIC DISCIPLINE, YOU MAY BE SUBJECT TO THE PAYMENT OF COSTS INCURRED BY THE STATE BAR IN THE INVESTIGATION, HEARING AND REVIEW OF THIS MATTER PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6086.10.

Respectfully submitted,

THE STATE BAR OF CALIFORNIA OFFICE OF CHIEF TRIAL COUNSEL

By: flail; £é”V“""""'" Peter Klivans Deputy Trial Counsel

DECLARATION OF SERVICE bv

U.S. FIRST-CLASS MAIL / U.S. CERTIFIED MAIL / OVERNIGHT DELIVERY / FACSIMILE-ELECTRONIC TRANSMISSION

CASE NUMBER(s); 18-O-12321 [18-0-12718]

I, the undersigned, am over the age of eighteen (18) years and not a party to the within action. whose business address and place of employment is the State Bar of California. 180 Howard Sireet. San Francisco, Califomla 94105. declare that

- on the date shown below, I caused to be served a true copy of the within document described as follows:

AMENDE1) NOTICE OF DISCIPLINARY CHARGES

E By U.S. First-Class Mail: (COP §§ 1013 and 1013(a)) By U.S. Certified Mail: (CCP §§ 1013 and 1013(3)) -

inf gooopdanqe with the pracfioe of the State Barof California for collection and processing of mail, I deposited or placed for collection and trailing in the City and County

- 0 an ramusco.

El By Ovemlght Delivery: (cop § 10130:) and 1013(d)) -

1 am readily famflfar with the State Barof California's practice for collection and processing of correspondence for overnight delivery by the United Parcel Service ('UPS').

El By Fax Transmission: (COP §§ 10’13(e) and 1013(f)) Based on agreement ofthe parties to aooeptservioa by fax transmission, I faxed the documents to the persons at the fax numbers iisted herein below. No error was reported by the fax machine that I used. The original record of the fax tansmisslon is retained on file and available upon request.

I: By Electronic Service: (CCP§ 1010.6) Based on a court order or an reernent of the pagfles to accept service by electronic tranymjssion, I caused the documents to be sent to the person(s) at the eiedronic addresses listed herein below. did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.

IZI flbrU.s. Hill-class my in a sealed envelope placed for collection and mailing at San Francisco, addressed to: (see below)

flurcmiliedlml} in a sealed envelope placed for collection and mailing as certified mail. return receipt requested, A"'°'e N04

. . 9§_1.4...725§..9999....?113.554§..Z3 .4 .

at 33" F”3"°i5°°» add’?-559d ‘°5 (599 b9’°W)

El (lorowmlgmballvuy) together with a copy of this declaration, in an envelope, or package designated by UPS. Tracking No.: addressed to: {see below)

Person éamd Buslneu-Recldentili Addreu "

Fax Number Courtesy copy to:

: Century Law Group LLP C°"“°-‘W °°PY '°= Edwmd 0 Lea‘ 5200 W Century Blvd #3 45 m:.=nI=Ad=-r-=

Los Angeles, CA 90045 vla Inter-ornce mail regulafly pbdizéései and maintained by the state Bar of caliromié addreséed to:

NM I am readily familiar with the Siate Bar of Ca|ifomia's practice for collection and processing of correspondence for mailing wilh lhe United States Postal Service, and

overnight deliv by the United Parcel Service ('UPS'). In the ordinaty course of the State Bar of CaIifomia's practice. correspondence oodleded and prucessed b the State Bar of Calilomla would deposited with the United States Postal Service that same day. and for overnight delivery, deposited with delivery fees paid or provided for. w‘ UPS that same day.

I am aware that on motion of the party sewed, service is presumed invalid if postal cancellation date or postage meter date on the envelope or package is more than one day after date of deposit for mailing contained In the affidavit.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at San Francisco, California, on the date shown below. ~

DATED: September 6,2018 SIGNED: K 1 1 s

Declarant

State Bar of California DECLARATION OF SERVICE