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I know that many peeps do not like sushi in any form, but even those who dislike it intensely have probably at some point seen the “California roll” on a menu. What is it? It’s sushi rice, avocado, cucumber, and crab meat (real or imitation). It has no raw fish. There is now another California roll, and it has nothing to do with sushi, although some may claim it’s fishy. Whatever. Here’s my version — the California bar roll.
While I have kept my promise to my editor that I wouldn’t keep writing about Tom Girardi in some kind of drip drip drip water torture way, I think the time limit on that promise has expired.
What is new? The report from an expert appointed by the bankruptcy court that Girardi, even if he does have Alzheimer’s (and there are some who doubt that) he is mentally competent to stand trial in bankruptcy court, at least that’s the conclusion of a neuropsychologist appointed to evaluate him. The expert’s report was provided to the defense for redactions (Fifth Amendment purposes), and the government wants to review the entire report without redactions. The government argues that competence does not involve a determination of guilt, and thus, the entire report should be available to the government, except if there is a mental incapacity defense. There is a competency hearing set for early August. As we all know, or should know, given the flurry of activity both in Chicago and California, Girardi faces criminal charges here and there for embezzling client funds. He’s already been disbarred here.
But the news doesn’t end there. (Apologies again to my editor.) The California State Bar has filed disbarment proceedings against former Girardi firm lawyer (and Girardi’s son-in-law) David Lira as well as another former Girardi firm attorney, Keith Griffin. The charges stem from the misappropriation of client funds from the airline crash of several years ago that set in motion the whole Girardi FUBAR outrage in the California legal community and the atate bar disciplinary process. Essentially, the bar is alleging that the two former Girardi firm lawyers aided and abetted him in lying to clients about the whereabouts of settlement funds that the firm had received but not disbursed to those clients. The California State Bar has also accused both lawyers of lying to the federal judge overseeing the airline crash case.
But wait! There’s more! Of course, there’s always more. Remember John Eastman? He of the advice given to former Vice President Mike Pence on January 6, 2021, that, in Eastman’s humble (not) opinion, the Constitution did not require Pence to certify the election results? THAT John Eastman. The California State Bar has initiated discipline proceedings against him, seeking to disbar him, and those proceedings started this past Tuesday.
In the first day, the state bar prosecutor argued that Eastman’s involvement in attempts to overturn the 2020 election were meritless and that he also made false claims of fraud. Eastman testified on Tuesday and sparred with Yvette Roland, the State Bar Court judge assigned to the case.
Greg Jacob, the former vice president’s legal counsel, testified yesterday. Jacob told the court that he disagreed with Eastman’s theory, put forth the day before January 6, 2021, that Pence, as vice president, had the authority to disrupt Congress’ certification of Biden’s electors. How did that advice square with the obligation of an attorney, any and every attorney, to defend the Constitution? Normally, bar disciplinary hearings have little, if any, interest for anyone outside of those involved, but this hearing is different.
It will be up to the State Bar Court trial judge to decide what, if any, disciplinary action would be appropriate and then recommend that to the state’s Supreme Court, who has the final say on discipline. But there’s an intermediate review step — the bar court’s review panel. Whichever way the bar court trial judge rules, the final outcome won’t be known for a while.
As an old lady lawyer, I remember when the State Bar Court was created almost 40 years ago after problems with the discipline system that had used volunteer attorneys to handle cases. It was a mess. That system was riddled with problems, not the least of which were lengthy delays in discipline resolution. Then, as now, the Legislature was more than a little peeved at the process, and it’s the Legislature, now as then, that sets the state bar’s yearly allowance.
And, yes, there’s still more for the California bar dishonor roll. How about this one? California lawyer Sara King has cut a plea deal, admitting to wire fraud and money laundering, after having spent six months in residence at the Wynn Hotel in Las Vegas, living high on the hog while spending client funds to the tune of $8 million or so. Another upcoming case for the discipline system, which may be on a roll, so to speak.
Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.
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