Tom Girardi: The Story That Will Not Fade Away

Would any other lawyer have gotten away with this?

thomas-girardi

Tom Girardi

One of the things that I like best about being a lawyer is learning, always learning, about what to do and what not to do. When lawyers and judges wander into deep doo-doo, I wonder, “What were they thinking?” One of the things that teaches me what not to do is my very own State Bar of California. I had sorta promised my ATL editor that the stories on Tom Girardi, the California attorney who ripped off his clients for so many years, would die of their own accord, but I was wrong. (Sorry.)

The front-page story in the Los Angeles Times last Friday reported on what was essentially a ginormous apology by the president of the California Bar’s Board of Trustees, not only for dropping the ball on Girardi’s misdeeds, but spiking the ball in his favor for decades. All active licensees received an email from Ruben Duran, which linked to a letter and chart outlining just how the bar did zero, zip, zilch about Girardi complaints (tell us something we didn’t already know) until the bar could no longer stand the clamor for Girardi’s license, if not his head. Finally, at long last, he was disbarred earlier this year after 205 complaints of misconduct spanning decades. Would any other lawyer have gotten away with this?

The letter is only four pages long, but it details the actions the bar will take going forward to prevent any misconduct like Girardi’s from ever happening again. (I will believe it when I see it.) Duran, as president of the board, also mea culpaed in several ways about the Girardi complaints, but only after the bar stalled about whether it had the authority to release information about the cases and misdeeds. (It took litigation to get the bar to heel.)

In the name of transparency and to try to salvage any shred of reputation left — not much in my eyes — the bar did a 180 and released information (scanty at best, akin to name, rank, and serial number) about all the complaints that Girardi had amassed in his career; they are attached to Duran’s letter.

Duran acknowledged “serious failures” by the agency: “There is no excuse being offered here; Girardi caused irreparable harm to hundreds of his clients, and the State Bar could have done more to protect the public. We can never allow something like this to happen again.” He’s got that right.

The bar is implementing a number of reforms to the attorney discipline system, including, but not limited to, revision to the rules for the handling of client trust accounts. Always good to do that after the horse has left the barn and is trotting off into the sunset, untethered. And news flash, the ex-CFO of Girardi Keese has been arrested on an alleged federal wire fraud charge.

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Lawyer friends are sanguine, at best, about these reforms. It’s always been so much easier to go after the solo, the small firm lawyer, than to go after someone well-known in the legal community who apparently has the juice to forestall any serious inquiry. Just dump on the solos and small firms; that’s the way it’s always been. Will the bar go after bigger fish who have swum in the misconduct pool? How much confidence do I have that will indeed happen?

Lawyers and state legislators hope that these reforms will truly be effective, making the system more equitable, although I have my doubts. I am not the only one. Biglaw firms can and do protect their peeps in a variety of different ways, while the solos and small firms don’t have those protective shields. I hope that those protective shields will not prevent discipline investigations when warranted; otherwise, these reforms are nothing more than a sham, a bone to throw to the legislature that controls the California State Bar’s budget.

Another way I learn: reading obituaries about lawyers and judges. There are always fascinating tidbits to learn about the decedent.

Just one example: I read the obituary of the first Latina trial judge in California, Frances Muñoz, who died last month. In 1978, then Gov. Jerry Brown (his first go-round as governor) appointed her to the Municipal Court in Orange County. Her obituary in the Los Angeles Times tells an amazing story. Like many women of that era, she blazed trails, blew down barriers, and made it easier for subsequent generations of women of color to succeed.

It wasn’t until Muñoz was 40 that she graduated from law school. Why the delay? She helped her brother get started as a lawyer before she pursued that path herself. She was the first Latina public defender in Orange County before her appointment to the bench. She devoted herself to community advocacy outside of the courthouse. And in 1993, Muñoz established the Hispanic Education Endowment Fund, which offers scholarships to first-generation college students in Orange County.

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The words of Muñoz on her 90th birthday were hopeful, but realistic. She remarked that “Being the first is not as important as not being the last. The legal profession, particularly the bench, still has a long way to go to reflect our community. Perhaps then, the contributions of our immigrant families will truly be valued.” The selection and voter approval of California Chief Justice Patricia Guerrero is step in the right direction.

I used to think that progress in the profession and the law was two steps forward and one step back. However, I’m betting that the Supreme Court will roll back affirmative action this term. If we are not careful, we’re headed for a fall in terms of diversity, equity, and inclusion, and that won’t be just one step back. It’ll be a giant leap in the wrong direction.


old lady lawyer elderly woman grandmother grandma laptop computerJill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.