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State auditor’s latest report calls for greater oversight and clearer policies in legal discipline cases Between 2010 and 2021, 5% of cases led to disciplinary action by lawyers
(Reuters) – California ombudsman regulators often settle allegations of misconduct by closed-door lawyers and do not consistently address conflicts of interest with lawyers under investigation, according to a new report by the state auditor. “We found that the state bar association closed some cases prematurely that warranted further investigation and possible discipline,” said a report released Thursday by California State Attorney Michael Tilden. The report called on California lawmakers and the state bar to strengthen oversight and discipline of lawyers. Sign up now for FREE unlimited access to Reuters.com Register It is the latest in a series of audits and reports that have raised red flags to oversee lawyers in the state, highlighting major backlogs in discipline cases and other issues. The state attorney reorganized his lawyers’s discipline system in 2016 after a scathing report by a state auditor who concluded that he had failed to protect the public from the misconduct of lawyers. However, the auditor’s report for 2021 found that the reorganization had exacerbated pending disciplinary cases. Lawmakers ordered the final review amid concerns over the handling of complaints by the bar association against prominent plaintiffs lawyer Thomas Girardi. Girardi, who is now under investigation by the state bar association, is accused by a rival law firm of using settlement funds earmarked for the families of the victims of the 2018 Lion Air crash to fund a wealthy lifestyle. The chairman of the state bar’s board, Ruben Duran, said in response to Thursday’s report that some of his findings were “deeply impressive and disturbing”. The report found that between 2010 and 2021, more than 64% of lawyers’ discipline cases were closed during recruitment. Only 7% proceeded to the hearing and discipline phase and 5% of all cases ended up in formal discipline. Many cases were closed by non-public measures, such as warning letters sent to that lawyer. The report’s recommendations include adopting new criteria for confidential closure, improving efforts to identify patterns of misconduct, and publicizing when California-licensed attorneys have been disciplined elsewhere. The bar said on Thursday it agreed with most of the recommendations, except that running random checks on lesser-known customers and closing bank accounts would take too much time and resources. Read more: California bar searches for “Real Housewives” husband Girardi The California Bar says the “hack” exposed 1,000 cases of lawyer discipline Sign up now for FREE unlimited access to Reuters.com Register Our role models: The Thomson Reuters Trust Principles. Karen Sloan Karen Sloan reports on law firms, law schools and legal activity. Contact her at [email protected]
