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

About Leslie Brodie

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

Discussion

Comments are closed.

Categories

RSS .

  • The Judicial Council’s 60 million dollar storage closet 2016/07/25
    A few years ago we shared with you the story about the 6 million dollar Plumas-Sierra regional storage shed. Sure, compared to CCMS or the unlicensed contractor debacle, 6 million dollars for a regional storage shed is pocket change. Apparently,the AOC heard our dismissal of their paltry waste of money and envisioned something bolder. In […]
    Judicial Council Watcher
  • Thermal Runaway 2016/07/11
    Thermal runaway refers to a situation where an increase in temperature changes the conditions in a way that causes a further increase in temperature, often leading to a destructive result. It also perfectly describes the situation that exists between unarmed and cooperative people of color who are being killed under color of authority and the […]
    Judicial Council Watcher
  • No more pfabulous boondoggles or trips to disneyland on the taxpayers dime? 2016/06/22
    While we remain unsure of the scope of change, here is what has been communicated to us by multiple sources. Consistently, everyone indicates that there were more than a dozen let go at the AOC and that the facilities management unit was hit the hardest. We won’t be seeing anymore pfabulous boondoggles or taxpayer trips […]
    Judicial Council Watcher
  • Surprise Layoffs at the AOC today? 2016/06/21
    This afternoon we received a note mentioning a dozen surprise layoffs at the AOC today that we would like to confirm from other sources. The reason we would like to confirm them is that a good portion of them exist in digital purgatory and are directly responsible for many of the issues that propelled the […]
    Judicial Council Watcher
  • Proposed Amendments To Government Code Section 68203 Should Be Rejected 2016/06/16
    On May 20, the California Judges Association announced it had “averted a proposed repeal of an essential judicial salary statute,” Government Code section 68203, which establishes the formula whereby judicial officers receive pay raises based on an average of raises received by other state employees. It has since been revealed that CJA President, Eric Taylor […]
    Judicial Council Watcher

RSS Drudge Report Feed

  • Sanders loyalists bash Hillary nomination, clash with police... 2016/07/27
    Sanders loyalists bash Hillary nomination, clash with police...(Top headline, 1st story, link)Related stories:MSNBC Maddow: I Found Top Part of Clinton's Speech 'Shocking and Rude'...
  • MSNBC Maddow: I Found Top Part of Clinton's Speech 'Shocking and Rude'... 2016/07/27
    MSNBC Maddow: I Found Top Part of Clinton's Speech 'Shocking and Rude'...(Top headline, 2nd story, link)Related stories:Sanders loyalists bash Hillary nomination, clash with police...
  • BILL'S STORIES 2016/07/27
    BILL'S STORIES(Main headline, 1st story, link)Related stories:DELETED SCENES
  • DELETED SCENES 2016/07/27
    DELETED SCENES(Main headline, 2nd story, link)Related stories:BILL'S STORIES
  • DAY 2: DEMS FINALLY GET US FLAGS! 2016/07/27
    DAY 2: DEMS FINALLY GET US FLAGS!(First column, 1st story, link)Related stories:ASSANGE: 'A LOT MORE MATERIAL COMING'...Whites Ordered to Back of Crowd at Black March...Shock Video...
  • ASSANGE: 'A LOT MORE MATERIAL COMING'... 2016/07/27
    ASSANGE: 'A LOT MORE MATERIAL COMING'...(First column, 2nd story, link)Related stories:DAY 2: DEMS FINALLY GET US FLAGS!Whites Ordered to Back of Crowd at Black March...Shock Video...
  • Whites Ordered to Back of Crowd at Black March... 2016/07/27
    Whites Ordered to Back of Crowd at Black March...(First column, 3rd story, link)Related stories:DAY 2: DEMS FINALLY GET US FLAGS!ASSANGE: 'A LOT MORE MATERIAL COMING'...Shock Video...
  • Shock Video... 2016/07/27
    Shock Video...(First column, 4th story, link)Related stories:DAY 2: DEMS FINALLY GET US FLAGS!ASSANGE: 'A LOT MORE MATERIAL COMING'...Whites Ordered to Back of Crowd at Black March...
  • Kremlin dismisses DNC email hack claims as 'absurd'... 2016/07/27
    Kremlin dismisses DNC email hack claims as 'absurd'...(First column, 5th story, link)Related stories:Clinton camp braces for another WIKILEAKS dump...Staffers Annoyed At Having To Commemorate Holocaust...PELOSI: EASE UP ON THE WOMAN THING...JERRY BROWN: PANIC TIME!
  • Clinton camp braces for another WIKILEAKS dump... 2016/07/27
    Clinton camp braces for another WIKILEAKS dump...(First column, 6th story, link)Related stories:Kremlin dismisses DNC email hack claims as 'absurd'...Staffers Annoyed At Having To Commemorate Holocaust...PELOSI: EASE UP ON THE WOMAN THING...JERRY BROWN: PANIC TIME!
  • Staffers Annoyed At Having To Commemorate Holocaust... 2016/07/27
    Staffers Annoyed At Having To Commemorate Holocaust...(First column, 7th story, link)Related stories:Kremlin dismisses DNC email hack claims as 'absurd'...Clinton camp braces for another WIKILEAKS dump...PELOSI: EASE UP ON THE WOMAN THING...JERRY BROWN: PANIC TIME!
  • PELOSI: EASE UP ON THE WOMAN THING... 2016/07/27
    PELOSI: EASE UP ON THE WOMAN THING...(First column, 8th story, link)Related stories:Kremlin dismisses DNC email hack claims as 'absurd'...Clinton camp braces for another WIKILEAKS dump...Staffers Annoyed At Having To Commemorate Holocaust...JERRY BROWN: PANIC TIME!
  • JERRY BROWN: PANIC TIME! 2016/07/27
    JERRY BROWN: PANIC TIME!(First column, 9th story, link)Related stories:Kremlin dismisses DNC email hack claims as 'absurd'...Clinton camp braces for another WIKILEAKS dump...Staffers Annoyed At Having To Commemorate Holocaust...PELOSI: EASE UP ON THE WOMAN THING...
  • WEINER: I'D BEAT TRUMP JR. LIKE 'RENTED MULE' IN MAYORAL RUN... 2016/07/27
    WEINER: I'D BEAT TRUMP JR. LIKE 'RENTED MULE' IN MAYORAL RUN...(First column, 10th story, link)Related stories:Testy over Huma 'security clearance' question...
  • Testy over Huma 'security clearance' question... 2016/07/27
    Testy over Huma 'security clearance' question...(First column, 11th story, link)Related stories:WEINER: I'D BEAT TRUMP JR. LIKE 'RENTED MULE' IN MAYORAL RUN...
  • Violent Crime RISING... 2016/07/27
    Violent Crime RISING...(First column, 12th story, link)Related stories:Commuters 'Scared' By Growing Homeless Encampments At NYC Penn Station...
  • Commuters 'Scared' By Growing Homeless Encampments At NYC Penn Station... 2016/07/27
    Commuters 'Scared' By Growing Homeless Encampments At NYC Penn Station...(First column, 13th story, link)Related stories:Violent Crime RISING...
  • Keep Mouth Closed: Rio Olympians Face Toxic Stew... 2016/07/27
    Keep Mouth Closed: Rio Olympians Face Toxic Stew...(First column, 14th story, link)Related stories:Athlete Claims Kidnapped by Police...
  • Athlete Claims Kidnapped by Police... 2016/07/27
    Athlete Claims Kidnapped by Police...(First column, 15th story, link)Related stories:Keep Mouth Closed: Rio Olympians Face Toxic Stew...
  • 'Prenup house' can be split in two... 2016/07/27
    'Prenup house' can be split in two...(First column, 16th story, link)
.
%d bloggers like this: