San Diego, CA – September 2024

Case Number	Court	Judicial Office
SBC-23-O-30958	Los Angeles	Roland, Yvette D
File Date	Case Type	Case Status
11/06/2023	Original Discipline	Supreme Court – Closed

Andrew Robert Chivinski, a practicing attorney in California since 2005, is facing serious disciplinary charges from the State Bar of California. The charges, filed on November 6, 2023, involve multiple violations, including mishandling client trust funds, using client accounts for personal expenses, and failing to perform critical legal services for clients. These violations could potentially lead to Chivinski’s disbarment or suspension.

Mishandling of Client Funds

One of the primary allegations involves Chivinski’s mishandling of settlement funds. In March 2022, Chivinski deposited a settlement check on behalf of his client, Ana Cortez, into a client trust account. Cortez was entitled to approximately $47,360.29, but Chivinski failed to maintain this amount in the account, violating Rule 1.15(a) of the Rules of Professional Conduct, which requires attorneys to safeguard client funds.

Misuse of Client Trust Account

Chivinski also faces charges for using the client trust account for personal expenses, violating Rule 1.15(c) of the Rules of Professional Conduct. Between June 2022 and February 2023, he allegedly used client funds for various personal payments, including:

• $3,537.96 for Venmo transactions linked to his personal account.
• $2,625.00 for property management fees.
• A $195.96 payment to “MoneyLion,” a financial services company.

This misuse of client funds is considered a serious breach of trust and professional responsibility.

Failure to Maintain Trust Account Records

Chivinski also failed to maintain accurate records for the client trust account, violating Rule 1.15(d)(3). He did not keep proper written journals or client ledgers for the funds deposited on behalf of his clients, further compounding the issues with his financial management practices.

Failure to Perform Legal Duties

In addition to financial misconduct, Chivinski is accused of failing to perform essential legal services for another client, Susan Kirk, in a medical malpractice case. Despite being retained to represent Kirk, Chivinski did not:

• Respond to important discovery requests by the opposing party.
• File oppositions to critical motions, including a Motion for Terminating Sanctions, which ultimately led to the dismissal of Kirk’s case.

These failures reflect a violation of Rule 1.3(a), which requires attorneys to perform legal services with diligence.

Failure to Inform and Consult with Clients

Chivinski also neglected to keep his client, Susan Kirk, informed about significant developments in her case. For example, he failed to notify her about the opposing party’s discovery requests and the court’s order to submit responses. Moreover, he did not consult with her about key decisions, violating Rule 1.4(a)(2) and Business and Professions Code section 6068(m).