Los Angeles, CA – September 2023

Case Number	Court	Judicial Office
SBC-23-O-30860	Los Angeles	Roland, Yvette D
File Date	Case Type	Case Status
09/01/2023	Original Discipline	Supreme Court – Closed

Attorney Motaz M. Gerges, who has been licensed to practice law in California since 1999, is facing a series of serious disciplinary charges from the State Bar of California. The charges, detailed in a Notice of Disciplinary Charges filed on September 1, 2023, allege that Gerges engaged in unethical handling of client funds and mismanagement of trust accounts, potentially leading to disbarment.

Multiple Violations of Ethical Conduct

Gerges is accused of violating several Rules of Professional Conduct, primarily concerning the handling of client trust accounts. The State Bar has charged him with commingling personal funds with client trust accounts, failing to deposit client funds into appropriate trust accounts, and using client funds for personal expenses.

Key allegations include:

• Commingling Personal Funds in Client Trust Accounts: Gerges is alleged to have deposited and used personal funds within client trust accounts on multiple occasions. This is a direct violation of Rule 1.15(c) of the California Rules of Professional Conduct, which prohibits attorneys from mixing personal and client funds.
• Failure to Maintain Client Funds: In several instances, Gerges allegedly failed to maintain appropriate balances in client trust accounts, allowing the accounts to drop below zero, which led to misappropriation of client funds. These actions violate Rule 1.15(a), which requires attorneys to properly manage and safeguard client funds.
• Misappropriation of Client Funds: Perhaps the most severe of the charges, Gerges is accused of misappropriating tens of thousands of dollars in client funds. For instance, in one case, Gerges is said to have misappropriated $28,935.59 from a client’s trust account, an act considered a violation of Business and Professions Code section 6106, which involves moral turpitude, dishonesty, or corruption.

The Consequences

If Gerges is found guilty of these charges, he could face serious disciplinary actions, including suspension or disbarment from the State Bar of California. The State Bar has also indicated that Gerges could be subject to monetary sanctions, with fines potentially reaching up to $50,000 for these violations.

Additionally, the notice warns that if Gerges fails to respond to the charges within the given timeframe, his status will be changed to inactive, preventing him from practicing law until the matter is resolved. Default in responding could further result in the court recommending disbarment without a hearing.

A Pattern of Ethical Breaches

This disciplinary notice paints a troubling picture of a lawyer who repeatedly failed to meet the ethical standards required of attorneys, especially in handling client funds. Gerges is accused of mishandling funds across multiple cases, including those involving clients such as Alex Erazo, Tramelle Davenport, and Marlene Rodriguez, among others. In these cases, he allegedly deposited client funds into his trust account and then withdrew amounts greater than what was held for the clients, which led to serious ethical breaches.