Newport Lawyer Ordered Disbarred

The California Supreme Court, by a vote of 4 to 3, has ordered the disbarment of Newport Beach lawyer Marvin B. Kapelus.

Kapelus had been accused by the State Bar of improperly withdrawing his representation of a client and of conflict of interest in representing several parties in a tax case.

The court majority cited Kapelus’ “lack of remorse” about his misconduct and also pointed to two prior disciplinary actions against him by the Bar, one of which was based on a 1969 federal conviction for mail fraud.

In dissent, Justice Stanley Mosk, joined by Justice Edward A. Panelli and Justice Allen E. Broussard, said that “on an unethical-conduct scale of 1 to 10,” Kapelus’ behavior rates “no more than a 5 . . . or a point or two” more when his prior record is considered.