Disgraced and disbarred California attorney Thomas V. Girardi corruptly wielded his influence, reaching even into the State Bar of California – the state’s governing body for attorneys. – GWC

The State Bar of California Board of Trustees released today two redacted reports on its past handling of complaints against disgraced and disbarred attorney Thomas V. Girardi. The Board decided to release the reports in furtherance of the agency’s public protection mission and its commitment to transparency and accountability. In releasing these reports, the State Bar has redacted information that is protected under the law, including California Business and Professions Code section 6086.1, and the right to privacy.

The first report was prepared by attorney Alyse Lazar, who in 2021 was retained by the State Bar to review 115 files of past complaints against Girardi. Her review, limited to documents in investigative files, identified numerous instances in which complaints were closed without complete investigations or despite the development of facts warranting discipline. A redacted version of the report is posted here.

Source: OTHERWISE: State Bar of California Releases Reports Detailing Past Unethical Conduct in Handling Girardi Complaints – The State Bar of California – News Releases

The California State Bar, alone among the state lawyer licensing authorities, has not adopted the American Bar Association ‘s rule requiring lawyers to report their knowledge of another attorney’s ethical fitness to practice. The ABA  Model Rule Provides in part:

Rule 8.3: Reporting Professional Misconduct

Maintaining The Integrity of The Profession

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

But, reeling under the impact of treports of the State Bar’s failure to respond to grossly unethical conduct by two high profile attorneys – Thomas Girardi and Michael Avenatti – the State Bar has proposed that the Supreme Court of California be obligated to report misconduct or unfitness of which they have knowledge.  The the State Bar is a governmental body but the state’s Supreme Court will decide any changes. – GWC

Source: OTHERWISE: New California Rule Compelling Attorneys to Report Misconduct by Other Attorneys to Circulate for Public Comment – The State Bar of California – News Releases

A complaint has been filed with DC Bar Ethics Council against Stefan Passantino.  He represented Cassicy Hutchinson, who gave dramatic testimony to the (now dissolved) January 6 Committee.  Lawyers Defending American Democracy explains:

We file this complaint because the testimony Ms. Hutchinson provided to the Committee, and other publicly available information, reveal numerous serious ethical breaches by Mr. Passantino. Among them, Mr. Passantino represented conflicting interests where informed consent was not requested, and no reasonable attorney could consider that the conflicting interests could be reconciled; where his advice to Ms. Hutchinson suborned perjury and placed her in jeopardy of criminal sanctions to protect other clients represented by his firm; and where his conduct also likely violated other federal criminal statutes by encouraging her to give false testimony to Congress. These breaches violated both his duties to Ms. Hutchinson and his obligations to the administration of justice. Set forth below are the facts as we understand them and an analysis of the violations of the District of Columbia Rules of Professional Conduct (the Rules) that we believe those facts reveal.