Monday, December 19, 2016
Tuesday, August 16, 2016
Moral Turpitude, Dishonesty, Fraud, Corruption or Concealment: Rules of Procedure of the State Bar of California
Rule 2.11 of the Rules of Procedure of the State Bar of California provides for the disbarment or actual suspension of an attorney for misconduct, including moral turpitude. The rule was revised and renumbered on July 1, 2015. The rule previously was designated as 2.7. The 23-page document catalog embedded at the end of this post includes the 2016, 2014, and 2012 versions of the rule.
Under rule 5.126, a serious offense is defined as conduct involving dishonesty, moral turpitude, or corruption, including bribery, forgery, perjury, extortion, obstruction of justice, burglary or related offenses, intentional fraud, and intentional breach of fiduciary relationship.
This compilation also includes the moral turpitude section from the California Compendium on Professional Responsibility Index, published by the State Bar. Under California law, there are more than 100 forms of attorney misconduct that are considered acts of moral turpitude. Common forms include:
- Advancing untrue facts prejudicial to opposing party.
- Concealing material information.
- Misleading the court.
- Acts of deception.
- Omission of material facts from documents.
- Misrepresentation and concealment of adverse and material facts.
- Misrepresentations to opposing counsel or pro per.
For more information about moral turpitude and attorney misconduct, visit the California Attorney Misconduct page at Sacramento Family Court Report.
Labels: ATTORNEY MISCONDUCT, CALIFORNIA STATE BAR, CALIFORNIA SUPREME COURT, COMPENDIUM ON PROFESSIONAL RESPONSIBILITY, MORAL TURPITUDE, RULE 2.11, RULE 5.126, RULES OF PROCEDURE, TANI CANTIL-SAKAUYE
Thursday, August 4, 2016
|Silicon Valley divorce attorney Bradford Baugh.|
San Jose divorce attorney Brad Baugh represents Garbe in the trial court, and prominent appellate attorney Garrett C. Dailey represents Garbe on appeal. Dong has been represented by a string of attorneys or been self-represented due to denials of motions requesting attorney fee funds.
Baugh is connected to a number of high-profile, high-conflict Santa Clara County divorce cases, including Richard and Laura Beauchesne, Janet and Kyle Bowers, Susan and Robert Bassi, and Evan and Violet Brooks.
Court watchdogs contend that Santa Clara County Superior Court case files show Baugh deliberately generates conflict between divorcing couples who have substantial assets and income, unnecessarily drags cases out for years, and in the process churns exorbitant legal fees. Whistleblowers also allege that Baugh fails to disclose conflicts of interest with judges, referees, special masters, judge pro tems, and child custody evaluators, who Baugh has had personal, social, or professional relationships with for more than 20 years.
Court case file statistical sampling and anecdotal evidence suggest that Baugh obtains favorable outcomes for his clients at a statistically improbable level. Whistleblowers attribute the attorneys unusual success to alleged unethical conduct, bad faith litigation tactics, serial moral turpitude misconduct, and corruption within his network of judges and associates.
Monday, November 17, 2014
Receiver Kevin Singer Serial Unauthorized Practice of Law Violations Ignored by State Bar Office of Chief Trial Counsel
Whistleblower Records Show Statewide Unauthorized Practice of Law by Court Appointed Receiver Continues Without Consequences
|Whistleblower leaked court records indicate that court appointed |
receiver Kevin Singer routinely practices law without a license.
In addition to the Alameda County Superior Court "notice of motion and motion" for a criminal contempt of court hearing posted below, Singer has filed a motion for authorization to retain an attorney in Contra Costa County, and a stipulation in Santa Clara County.
"Preparation of stipulations and releases constitutes the practice of law," according to Ellen R. Peck, a former State Bar Court judge and co-author of The Rutter Group California Practice Guide: Professional Responsibility. In a San Francisco Superior Court case, Singer drafted and filed an "ex parte application and application for orders" to confirm a prior stipulation and order, which he also drafted and filed.
According to a disciplinary decision from the state Commission on Judicial Performance, Singer's court filings also implicate each judge who permits his UPL conduct. A judge who aids and abets the unlawful practice of law is subject to discipline for committing conduct prejudicial to the administration of justice that brings the judiciary into disrepute, according to the CJP. The whistleblower leaked court records are posted below, and at this Scribd link. For the law and legal authorities that prohibit, and define the unauthorized practice of law, click here.
Labels: JAYNE KIM, KEVIN SINGER, NEWS ANALYSIS, RECEIVERSHIP SPECIALISTS, STATE BAR ACT, UNAUTHORIZED PRACTICE OF LAW
Thursday, November 13, 2014
California State Bar Chief Trial Counsel Jayne Kim Misconduct: Disciplinary Backlog Data Manipulated
Fired State Bar Executive Director Joe Dunn Files Whistleblower Lawsuit - Jayne Kim Cooked Books
|Former California State Bar Executive Director Joe Dunn alleges misconduct by Chief Trial Counsel Jayne Kim.|
Fired California State Bar executive director Joe Dunn filed suit Thursday afternoon, alleging that he was canned after alerting the bar to "serious ethical breaches" among top leaders. The complaint, filed in Los Angeles County Superior Court, says that Dunn and other unnamed plaintiffs filed two whistleblower notices with the bar during the first week of November. Dunn says he was fired two days later - via email - while giving a speech in San Francisco...
...The whistleblower notices, the complaint alleges, warned administrators that Chief Trial Counsel Jayne Kim - hired on his watch - was manipulating the agency's books to conceal a disciplinary backlog - an issue that Dunn had pledged to lawmakers that he would correct when he came on the job. Dunn also says he complained the bar wasn't doing enough to prosecute non-lawyers performing legal work.Click here to read the full story at The Recorder. For the Courthouse News Service report, click here. Read the complete lawsuit filed by Joe Dunn below, posted exclusively by State Bar of California News.
Sunday, August 24, 2014
State Bar Chief Trial Counsel Jayne Kim Ignores Alleged Criminal Conduct, Serial Moral Turpitude Acts By Sacramento Attorney Against Pro Per Domestic Violence Victim
Sacramento Bar Association Officer Repeatedly Violates State Law, Attorney Ethics Rules - Maintains Clean Bar Record
Whistleblower leaked records from a Sacramento Family Court case indicate that criminal acts were committed by family law attorney and temporary judge Paula Salinger against an indigent, unrepresented, pro per family court party. The pro per was a victim and witness in a family court criminal contempt case filed against a Salinger client, and the pro per also is a domestic violence victim, according to court records. Family court reform advocates say the case is another example of the complete lack of oversight and accountability of attorneys who engage in egregious misconduct against disadvantaged, pro per litigants who can't afford legal representation.
To continue reading, click Read more >> below:
Labels: CALIFORNIA STATE BAR, CHIEF TRIAL COUNSEL, CRIMINAL LAW, JAYNE KIM, MORAL TURPITUDE, NEWS ANALYSIS, OPINION, RULES OF PROFESSIONAL CONDUCT, STATE BAR ACT, STATE BAR COURT, SUPREME COURT, TANI CANTIL-SAKAUYE