you're reading...
Association of Discipline Defense Counsel, David Cameron Carr, Engstrom Lipscomb & Lack, Howard Miller, Howard Rice, Jerome Falk, Ninth Circuit, Paul Triana, State Bar Court, Uncategorized

David Cameron Carr: “It is Good to Be King”

Mr. David Cameron Carr — an expert in the area of legal ethics and the
current President of the California-based Association of Discipline
Defense Counsel — has publicly criticized the State Bar of California, Howard Rice’s Jerome Falk, as well as Thomas Girardi and Howard Miller,
over the handling of disciplinary proceedings concerning misconduct by
Thomas Girardi and Walter Lack in the litigation against Dole Food
Company.

David Cameron Carr
Mr David Cameron Carr, believes that “all lawyers must understand the
rules of legal ethics, not only to fulfill their responsibilities to
society and to the justice system, but to protect themselves.”
(Photo credit: www.123people.com )

In a shocking move, Mr. Carr -– a former California State Bar prosecutor
–- offered a stinging rebuke to Jerome Falk’s decision not to pursue any
discipline against Girardi and Lack despite the clear findings of
misconduct on their part by the Ninth Circuit.

Previously, in a rare action, the Ninth Circuit suspended Walter Lack
and Paul Triana of Engstrom Lipscomb & Lack for 6 months, and
reprimanded Thomas Girardi of Girardi & Keese, while imposing close
to $400,000 in monetary sanctions. Specifically, the Ninth Circuit found that the misconduct by Walter Lack
and Thomas Girardi involved “the persistent use of known falsehoods,”
and that the “false representations” were made “knowingly,
intentionally, and recklessly.”
Carr, writing on his blog http://www.ethics-lawyer.com/kafkaesq/ in an
entry labeled “It is Good to Be King,” wrote as follows on January 21,
2011:

“It’s hard to escape the troubling thought that, had Mr. Girardi
and Mr. Lack been different lawyers with no connection to the State Bar
like Howard Miller, the process and perhaps even the result would have
been much different.”

Mr. Carr offered legal analysis, referring to “Bus. & Prof. Code
section 6068(d) (codifying lawyer’s duty not ‘to seek to mislead the
judge or any judicial officer by an artifice or false statement of fact
or law.’). As a matter of law, this, most assuredly, would warrant the
imposition of discipline in California.” Mr. Carr continued, noting
that “the lack of intent to mislead the court doesn’t seem to matter for
culpability purposes in State Bar Court.”

In his conclusion, Carr stated: “As a discipline defender, I am not inclined to second guess a
decision not to prosecute a discipline case. And I don’t know all the
facts that went into Mr. Falk’s exercise of discretion; he isn’t talking
and neither is the State Bar. But I do know, now as ever, it is good to
be king. Or at least very close to one. Very very good.”

According to confidental sources , Mr. Carr should be commended for his
courage in speaking up, as well as his intellectual honesty and
integrity – the defining traits of a good lawyer. One confidential source believe, however, that some of Mr. Carr’s
comments regarding “intent” are superfluous as Walter Lack had
stipulated that his misconduct was “intentional.” See http://www.law.com/jsp/article.jsp?id=1202434690835

Advertisements

About Leslie Brodie

Leslie Brodie is a reporter, writer, blogger, activist, and a religious leader in the community.

Discussion

Comments are closed.

Categories

RSS .

  • Yet Another Unlicensed Contractor Debacle 2017/07/10
    This story is late in publishing because the AOC (ahem, the judicial council) spent months drawing out our requests for information on a simple inquiry they should have been able to deliver on the same day it was received because what scant information they did provide was readily available to them. But they dragged out […]
    Judicial Council Watcher
  • Another Clifford Ham boondoggle in San Diego 2017/04/19
    More false promises of tunnels reaching out from jails to courthouses. Don’t say we didn’t tell you so because we’ve stated many times that ALL tunnel promises are false promises made to win local support of the projects and penciled out upon approval. What we find most disturbing is that Clifford Ham has a track […]
    Judicial Council Watcher
  • Writing our obit is a bit premature… 2017/04/06
    Welcome to 2017! Yeah, we know, a bit of time has passed since we’ve been hyperactive here. We’ve been a bit busy frying other fish.  If you consider yourself a progressive, you’ve already read and possibly even recognized our work elsewhere. We will be continuing those projects and check in here as not to neglect […]
    Judicial Council Watcher
  • Welcome to the first business day of our reinvigorated 10 year run! 2017/01/02
    Thanks to the sheer incompetence of Judicial Council staff leadership, we’re going to be spending the next ten years nipping at their heels. Last week, the San Francisco trial court ruled that the Jacobs entities maintained their contractors license and that the 22.7 million that the Judicial Council should have been able to recover is […]
    Judicial Council Watcher
  • Working for the Judicial Council and a pattern of racketeering activity 2016/10/31
    The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows […]
    Judicial Council Watcher

RSS Drudge Report Feed

  • FUNDING RUNS OUT... 2018/01/21
    FUNDING RUNS OUT... (Top headline, 1st story, link) Related stories:AS FEDS COLLECT RECORD TAXES...FINGER-POINTING...FIGHT TURNS UGLY...Nerves fray...But who will be blamed?CNN: Shutdown Risks Undetected Asteroid Strike...China mocks American system...
  • AS FEDS COLLECT RECORD TAXES... 2018/01/21
    AS FEDS COLLECT RECORD TAXES... (Top headline, 2nd story, link) Related stories:FUNDING RUNS OUT...FINGER-POINTING...FIGHT TURNS UGLY...Nerves fray...But who will be blamed?CNN: Shutdown Risks Undetected Asteroid Strike...China mocks American system...
  • FINGER-POINTING... 2018/01/21
    FINGER-POINTING... (Top headline, 3rd story, link) Related stories:FUNDING RUNS OUT...AS FEDS COLLECT RECORD TAXES...FIGHT TURNS UGLY...Nerves fray...But who will be blamed?CNN: Shutdown Risks Undetected Asteroid Strike...China mocks American system...
  • FIGHT TURNS UGLY... 2018/01/21
    FIGHT TURNS UGLY... (Top headline, 4th story, link) Related stories:FUNDING RUNS OUT...AS FEDS COLLECT RECORD TAXES...FINGER-POINTING...Nerves fray...But who will be blamed?CNN: Shutdown Risks Undetected Asteroid Strike...China mocks American system...
  • Nerves fray... 2018/01/21
    Nerves fray... (Top headline, 5th story, link) Related stories:FUNDING RUNS OUT...AS FEDS COLLECT RECORD TAXES...FINGER-POINTING...FIGHT TURNS UGLY...But who will be blamed?CNN: Shutdown Risks Undetected Asteroid Strike...China mocks American system...
  • But who will be blamed? 2018/01/21
    But who will be blamed? (Top headline, 6th story, link) Related stories:FUNDING RUNS OUT...AS FEDS COLLECT RECORD TAXES...FINGER-POINTING...FIGHT TURNS UGLY...Nerves fray...CNN: Shutdown Risks Undetected Asteroid Strike...China mocks American system...
  • CNN: Shutdown Risks Undetected Asteroid Strike... 2018/01/21
    CNN: Shutdown Risks Undetected Asteroid Strike... (Top headline, 7th story, link) Related stories:FUNDING RUNS OUT...AS FEDS COLLECT RECORD TAXES...FINGER-POINTING...FIGHT TURNS UGLY...Nerves fray...But who will be blamed?China mocks American system...
  • China mocks American system... 2018/01/21
    China mocks American system... (Top headline, 8th story, link) Related stories:FUNDING RUNS OUT...AS FEDS COLLECT RECORD TAXES...FINGER-POINTING...FIGHT TURNS UGLY...Nerves fray...But who will be blamed?CNN: Shutdown Risks Undetected Asteroid Strike...
  • DYSFUNCTIONAL DC 2018/01/21
    DYSFUNCTIONAL DC (Main headline, 1st story, link) Related stories:BUDGET BREAKDOWN CONTINUESBACK ON MONDAY?
  • BUDGET BREAKDOWN CONTINUES 2018/01/21
    BUDGET BREAKDOWN CONTINUES (Main headline, 2nd story, link) Related stories:DYSFUNCTIONAL DCBACK ON MONDAY?
  • BACK ON MONDAY? 2018/01/21
    BACK ON MONDAY? (Main headline, 3rd story, link) Related stories:DYSFUNCTIONAL DCBUDGET BREAKDOWN CONTINUES
  • Trump trolls women marches amid global protests... 2018/01/21
    Trump trolls women marches amid global protests... (First column, 1st story, link) Related stories:Touts 'unprecedented economic success'...Inauguration anniversary marred by shutdown...Dems energized by 'Resistance'...
  • Touts 'unprecedented economic success'... 2018/01/21
    Touts 'unprecedented economic success'... (First column, 2nd story, link) Related stories:Trump trolls women marches amid global protests...Inauguration anniversary marred by shutdown...Dems energized by 'Resistance'...
  • Inauguration anniversary marred by shutdown... 2018/01/21
    Inauguration anniversary marred by shutdown... (First column, 3rd story, link) Related stories:Trump trolls women marches amid global protests...Touts 'unprecedented economic success'...Dems energized by 'Resistance'...
  • Dems energized by 'Resistance'... 2018/01/21
    Dems energized by 'Resistance'... (First column, 4th story, link) Related stories:Trump trolls women marches amid global protests...Touts 'unprecedented economic success'...Inauguration anniversary marred by shutdown...
  • Germany's SPD in all-or-nothing vote on Merkel alliance... Developing... 2018/01/21
    Germany's SPD in all-or-nothing vote on Merkel alliance... Developing... (First column, 5th story, link) Related stories:German city bans new refugees as anti-migrant mood increases...
  • German city bans new refugees as anti-migrant mood increases... 2018/01/21
    German city bans new refugees as anti-migrant mood increases... (First column, 6th story, link) Related stories:Germany's SPD in all-or-nothing vote on Merkel alliance... Developing...
  • Neighbor charged with assault on Rand Paul... 2018/01/21
    Neighbor charged with assault on Rand Paul... (First column, 7th story, link)
  • Texas shatters record for winter electricity use... 2018/01/21
    Texas shatters record for winter electricity use... (First column, 8th story, link)
  • How Nicolas Cage blew $150 million on mansions, private island and real dinosaur skull... 2018/01/21
    How Nicolas Cage blew $150 million on mansions, private island and real dinosaur skull... (First column, 9th story, link)
.
%d bloggers like this: