Amid continuing controversy over the appointment of Jerome Falk to serve as “special prosecutor” on behalf of the State Bar of California to examine attorney misconduct in connection with the Ninth Circuit matter of In Re Girardi, The Leslie Brodie Report hereby asks the Honorable A. Wallace Tashima — U.S. Circuit Judge and special master in matter of In Re Girardi — to opine on recent developments.
Specifically, Jerome Falk’s alleged failure to disclose that those he was suppose to prosecute (Thomas Girardi of Girardi & Keese and Walter Lack of Engstrom Lipscomb & Lack) were actually his and his firm’s clients. This newly discovered “Smoking Gun” evidence relates to the fact that starting in 2005, the law firm of Howard Rice Candy Falk & Rabkin represented both Girardi & Keese and Engstrom Lipscomb & Lack in a class action advanced by plaintiff Robert Copple.
Honorable A. Wallace Tashima, U.S. Circuit Judge, U.S. Court of Appeals for the Ninth Circuit. During the Ninth Circuit proceedings, and after the case against Dole Food Comany was dismissed, Chief Judge Alex Kozinski issued an order to show cause why attorneys Walter Lack, Paul Triana, and Sean Topp of Engstrom Lipscomb & Lack, as well as Thomas Girardi and Howard Miller of Girardi & Keese, should not be disbarred or suspended from practicing before the Ninth Circuit. In addition, Judge Kozinski ordered the appointments of Senior Ninth Circuit Judge Wallace Tashima as special master and Rory Little as prosecutor in those special disciplinary proceedings known as the matter of In Re Girardi. (photo: courtesy of Wikipedia)
Early last year, Howard Rice Partner Jerome Falk was accused of wrongdoing as a result of his decision to exonerate a friend of Ronald George – Thomas Girardi of Girardi & Keese – along with Walter Lack of Engstrom Lipscomb & Lack for misconduct the two committed while litigating a case against Dole Food Company before the Ninth Circuit Court of Appeals.
During the Ninth Circuit proceedings, and after the case against Dole was dismissed, Chief Judge Alex Kozinski issued an order to show cause why attorneys Walter Lack, Paul Triana, and Sean Topp of Engstrom Lipscomb & Lack, as well as Thomas Girardi and Howard Miller of Girardi & Keese, should not be disbarred or suspended from practicing before the Ninth Circuit.
Subsequently, in late 2010, a Ninth Circuit panel consisting of Justices William Fletcher , Marsha Berzon, and Randy Smith found that Lack and Girardi had committed grave misconduct which included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.
Despite the Ninth Circuit’s determination, in his capacity as special prosecutor, and after reviewing the Ninth Circuit file, Howard Rice partner Jerome Falk chose to not file any disciplinary accusations against Thomas Girardi and Walter Lack, stating that he believed Lack’s misconduct was not intentional.
Mr Tom Girardi of Los Angeles-based Girardi & Keese. Per findings by the Ninth Circuit, Walter Lack and Thomas Girardi have resorted to employing “the persistent use of known falsehoods” and “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation. Subsequnet to those findings, the State Bar of California appointed Howard Rice’s Jerome Falk to serve as special prosecutor against Girardi, Lack, and their respective firms. None mentioned that Girardi and Lack are actually clients of Jerome Falk and Howard Rice. See story here. (Image: courtesy photo)
Please observe that, rather than contacting Hon. Judge Tashima directly, the query is being delivered publicly, here and now.
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