In the Matter of Trester

Irwin Trester practiced law in California for 40 years without ever passing the California bar. Trester was admitted to the bar in Kansas but never practiced there, instead opening an office advertising himself as an “attorney at law” in the “Law Office of Irwin Trester” in California despite failing the California bar four times. Trester claimed that the attorney who headed the California bar ethics division told him all he needed was a license from any state to practice federal law in California. Trester primarily limited his practice to immigration and labor law before federal courts and agencies, including admissions before the United States Supreme Court and two federal circuit courts. When a California company retained Trester for labor and employment matters, Trester did not say he was not licensed in California or disclose it on his business cards or letterhead. The company sued for legal malpractice and fraud based on Trester’s representing the company without a license. California prosecutors charged Trester with unauthorized practice of law and grand theft for accepting retainers without a state license. Meanwhile, the Kansas bar initiated disciplinary proceedings. At the hearing, Trester claimed he believed he could practice federal law in federal courts with only a Kansas license and had never appeared in state courts. However, Trester admitted that immigration cases comprised only about half or less of his practice in the previous 10 years. The panel concluded Trester violated multiple rules and recommended indefinite suspension, while Trester requested public censure.