Victims Sought in Investigation of Attorney

Orange County Sheriff Brad Gates said Tuesday that his fraud unit has set up a telephone hot line to gather information about possible criminal wrongdoing by an Orange County lawyer who prepared wills and trusts, making himself the recipient of millions of dollars in cash, stock and real estate.

Gates issued a news release stating that his department’s fraud investigators “would like to speak with any persons who feel they have been victimized, or if they believe undue pressure or influence were applied by (lawyer James D.) Gunderson in the writing or rewriting of their will.

“The sheriff’s fraud unit is looking into the matter in an attempt to determine if there is criminal wrongdoing,” the statement said.

The sheriff also said that his fraud unit’s investigation is being coordinated with that of the State Bar of California, which has launched a similar investigation into Gunderson’s practice.

Last week, in a rare departure from customary practice, the State Bar disclosed that it had initiated an investigation of Gunderson, 67, who boasts that he has represented up to 7,000 residents of the Leisure World retirement community, just across the street from his Laguna Hills office.

Gunderson is being investigated by the State Bar, which oversees discipline and accreditation of the state’s 133,000 lawyers, for receiving substantial bequests from his clients under questionable circumstances, for allegedly taking actions that were not in the best interest of his clients and for potential conflicts of interest.

The State Bar and Sheriff’s Department investigations, as well as two others launched by the chief probate court judge in Orange County, Tully H. Seymour, and the Orange County Bar Assn., followed a Times report that Gunderson had arranged to receive millions from the estates of deceased Leisure World retirees. A longstanding California Supreme Court ruling says that anything more than a “modest” gift from a client’s estate raises questions of impropriety.

Among other gifts, Gunderson received $3.5 million in stock from one estate and a 316-acre Fresno County farm from another.

Gunderson has denied any wrongdoing. His attorney did not return a telephone call Tuesday seeking comment on the sheriff’s action.

Capt. Andy Romero, who heads the sheriff’s investigation unit, said Gates had decided to set up the hot line because “he’s always concerned, especially when (a case involves) the elderly and people who can’t take care of themselves.”

“If there is some illegality, we want to get to the bottom of it,” Romero said. “We want to know if there are other victims out there.”

Romero said anyone with information should call (714) 567-3881.

State Bar President Harvey I. Saferstein said the sheriff’s investigation of alleged criminal wrongdoing may be more important than the investigation by his organization, which is trying to determine Gunderson’s ethics and fitness to practice law.

The State Bar president also revealed that he has asked the chairman of a standing Bar committee to determine if existing rules regarding an attorney receiving gifts from his client “is good enough.”

He said that there has been “great talk inside the Bar” that its rules on attorneys receiving clients’ gifts may have to be changed, adding that the committee is looking into the matter.