Two paragraphs of the opinion best describe what happened: “We find FCI’s conduct with respect to this entire case demonstrative of a particularly nasty type of scorched earth tactics. A purportedly stolen hard drive, which was placed in the hands of defendants solely for litigation purposes, has resulted in an attempt to disqualify counsel and […]
It’s Not Nice To Fool The State Bar.
A lawyer affirmed she had satisfied compliance with her Minimum Continuing Legal Education [MCLE] requirements when in fact she had not. Caught in the net of a random audit, the lawyer said she was previously mistaken and corrected the error. The Office of the Chief Trial Counsel [OCTC] of the State Bar charged the lawyer […]
Lawyer ’s Practice Got Too Big To Control.
The first sentence of the State Bar Court opinion is: “This case illustrates ethical problems that arise when an attorney fails to supervise nonlawyers in a high volume law practice.” The lawyer’s loan modification practice grew quite large and he lost control of what was happening at one of his offices. When he discovered the […]
Suspension And Two-Year Probation State Bar Contends Hearing Officer Not Tough Enough On Lawyer.
The lawyer took his toddler for a walk and left his nine-month old alone and asleep in a crib for 40 minutes. He was convicted of misdemeanor child endangerment, and the State Bar hearing judge recommended a 120-day actual suspension subject to a one-year stayed suspension and two-year’s probation. Before the State Bar Court of California, […]
The Past Catches Up With State Bar Applicant.
When an applicant for membership in the California State Bar worked for The New Republic in the 1990’s, he fabricated magazine articles as well as supposedly supporting materials for the articles to delude fact checkers. The California Supreme Court concluded the applicant did not sustain his heavy burden of demonstrating rehabilitation and fitness for the practice […]
Moral Turpitude Felony Results In Disbarment.
A member of the State Bar was admitted in 1994. In 2008, he was charged with three counts of knowingly possessing or controlling child pornography, and pleaded guilty to one felony count. He was placed on probation for three years, terms and conditions of which included 90 days in jail and lifetime registration as a sex […]
First Case Of The Year Grants Admission Of Undocumented Immigrant To The State Bar.
An undocumented immigrant’s [the California Supreme Court said its use of this term refers to a person who is not a U.S. citizen and who is in the U.S. but who lacks the immigration status required by federal law to be lawfully present in this country] name was submitted for admission to the California State Bar […]
Bar Exam Scores A Matter Of Public Interest.
Plaintiffs requested the State Bar provide them access to information contained in its bar admissions database, including applicants’ bar exam scores, law school attended, grade point averages, LSAT scores, and race or ethnicity “in order to conduct research on racial and ethnic disparities in bar passage rates and law school grades.” The California Supreme Court held: […]
State Bar Court Recommends Disbarment.
Disbarment was recommended for a lawyer admitted to practice law in California, but not in any other state, by the California State Bar Court, for the unauthorized practice of law in nine other states. He performed contract work for consumer debt companies which advertised through television and radio ads in a number of states. Clients were required […]
In Attorney Disciplinary Action, Trial Court Lacked Subject Matter Jurisdiction, But Ordered Sanctions.
A member of the State Bar sought to vacate a stipulation she had entered with the State Bar regarding two attorney disciplinary actions against her. The State Bar filed a special motion to strike under Code of Civil Procedure section 425.16 [antiSLAPP statute], which the superior court granted, along with $2,575.04 in sanctions against the lawyer. […]