State Bar of California News
Investigative reporting, analysis, opinion and satire about the California State Bar and the Office of Chief Trial Counsel with an emphasis on socioeconomic justice and pro per issues.
Monday, May 6, 2019
Whistleblower Attorney Reveals Systemic Corruption in California Courts: Institutionalized Judge Misconduct, Prosecutor Misconduct, Police Misconduct
Tuesday, March 12, 2019
Controversial Silicon Valley Divorce Lawyer Implicated in Stolen Valor Scandal: Veterans Prove Attorney Brad Baugh Military Service Claims Fraudulent
An investigation by a "stolen valor" veterans research organization has determined that prominent Santa Clara County divorce lawyer Bradford Baugh's claim to military service in the Vietnam War era is not true. According to attorney ethics law, the demonstrably false claim constitutes an act of "moral turpitude."
California Business and Professions Code § 6106 prohibits acts involving dishonesty or corruption, "whether the act is committed in the course of his relations as an attorney or otherwise." The law has been well established since at least 1992, according to the State Bar Compendium of Professional Responsibility, a directory of past disciplinary decisions against lawyers.
The veterans group said they will ask the State Bar to disbar the controversial attorney, and are closely reviewing the case for possible referral to the U.S. Department of Justice for criminal prosecution under the Stolen Valor Act.
Baugh reportedly promoted his status as a veteran to generate business, according to current and former clients. Court appointed experts who worked on cases involving Baugh said the attorney would also boast about the high number of enemy fatalities he was personally responsible for during his service in Vietnam. Several experts interpreted Baugh's unusual recitation of his Vietnam enemy death count as a veiled threat to ensure the testimony of experts was favorable to his clients.
In addition to exposure for criminal charges under the Stolen Valor Act, making false claims of military service to generate business or investors can also result in civil liability.
Clients, former clients, court employees and others in the legal community who contributed to this report asked not to be named for fear of retaliation by the well-connected attorney.
Baugh reportedly promoted his status as a veteran to generate business, according to current and former clients. Court appointed experts who worked on cases involving Baugh said the attorney would also boast about the high number of enemy fatalities he was personally responsible for during his service in Vietnam. Several experts interpreted Baugh's unusual recitation of his Vietnam enemy death count as a veiled threat to ensure the testimony of experts was favorable to his clients.
In addition to exposure for criminal charges under the Stolen Valor Act, making false claims of military service to generate business or investors can also result in civil liability.
Clients, former clients, court employees and others in the legal community who contributed to this report asked not to be named for fear of retaliation by the well-connected attorney.
Tuesday, February 5, 2019
Attorney Valerie Houghton and Terry Houghton Criminal Prosecution Santa Clara County: Fraud Investigation Report
- View the catalog of Houghton prosecution criminal case records.
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.
- Dishonesty.
- Misrepresentations to opposing counsel or pro per.
- Overreaching.
For more information about moral turpitude and attorney misconduct, visit the California Attorney Misconduct page at Sacramento Family Court Report.
Thursday, August 4, 2016
Controversial Attorney Brad Baugh Whistleblower Leak: Winnov Founder Olivier Garbe Divorce Battle
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.