‘We failed.’ State bar apologizes for not acting sooner against now disbarred LA lawyer | Opinion

Editor’s Note: Thomas Girardi was one of the most prominent lawyers in Los Angeles. According to published accounts, he lived an opulent lifestyle with his now estranged wife Erika, star of the reality TV show, “Real Housewives of Beverly Hills.” Girardi is now disbarred, has filed for bankruptcy, and is facing two federal indictments for allegedly misappropriating more than $18 million from clients. He is also accused of using his once considerable influence to compromise the State Bar of California Board of Trustees.

It is with great humility that we, as representatives of the State Bar of California’s Board of Trustees and leadership team, respectively, apologize on behalf of the State Bar to the people of California for our history of failing as an institution to hold former attorney Thomas Girardi accountable to his clients, despite having received over 200 complaints spanning 40 years.

As an agency, we failed to oversee and detect potential mishandling of client funds; overlooked mishandling of conflicts of interest; and rarely identified patterns of complaints. We accept responsibility to continue making changes required to restore your trust in the State Bar, and to continue dedicating ourselves to our mission of protecting the public by holding attorneys accountable to their clients.

Opinion

The May report, an independent investigation into complaints filed against Girardi commissioned by the Board of Trustees, concluded that at least nine past State Bar executives and employees accepted unreported gifts from Girardi, including payments for side jobs, private plane rides, sports tickets and invitations to lavish events. The report documented instances where individuals who had material conflicts of interest improperly closed Girardi complaints, and that their conflicts likely tainted the decisions they made on behalf of the State Bar.

It is clear that profound lapses in the State Bar discipline system enabled Girardi to evade discipline for decades.

The State Bar has evolved into a very different organization during the past few years, with a new executive director, chief trial counsel and general counsel, as well as a majority of new board trustees, all of whom are now appointed by the California Supreme Court, assembly, Senate and governor. No staff named in the May report as participating in unethical conduct are still at the agency.

Pursuant to a statutory change, in 2018 the State Bar discontinued its role as a professional association representing lawyers to focus solely on protecting the public by overseeing the licensing, regulation and disciplining of attorneys, and by advancing equity in the practice of and access to the law.

In response to what we have learned from the history of Girardi’s complaints, the State Bar has implemented dozens of reforms to its operations, policies and procedures to enhance public protection. For instance, the newly adopted Client Trust Account Protection Program requires California attorneys to register their client trust accounts with the State Bar, complete an annual self-assessment of trust account management practices and comply with statutory requirements as custodians of the funds and property of clients and other persons.

Our decision to disclose the Girardi complaint history and then the May report is a demonstration of a commitment to transparency and of the importance we attach to restoring public trust. While the State Bar has made significant steps to hold itself accountable to protecting the public, the journey is far from over.

The State Bar is committed to doing more, not only to identify, rehabilitate and, when appropriate, remove unscrupulous and unethical attorneys, but also to make access to the legal system more equitable and inclusive for all Californians. We are committed to partnering with the legislature to reduce the backlog of complaints against attorneys in a manner that prioritizes public protection.

The State Bar Board of Trustees and leadership team expect to be evaluated by deeds more than words and ask that you assess the agency’s commitment in fulfilling its mission and regaining trust in the eyes of the public by the outcomes of our actions.

Mark W. Toney, Ph.D. serves as a State Bar of California Board trustee and executive director of The Utility Reform Network. Ellin Davtyan is the State Bar’s general counsel.