So I got this email from the California State Bar today, apparently sent to all members of the CA Bar. I am going to quote it in its entirety, with a bit of emphasis.
Dear Fellow California Attorney,
As Chair of the State Bar Board of Trustees, I wanted to alert you to the fact that today the Board released two reports about the agency’s past handling of complaints against disbarred attorney Thomas Girardi.
The May report, prepared by outside attorney Aaron May after a 16-month investigation, was recently completed, and a redacted version was released today. This report followed the 2021 review of closed Girardi files conducted by attorney Alyse Lazar. We are releasing a redacted version of the Lazar report as well. Concerning findings from the Lazar review prompted the Board to make immediate changes and to undertake the May investigation.
The reports have been redacted to comply with applicable laws including confidentiality requirements outlined in Business and Professions Code section 6086.1. That said, we are making these disclosures to demonstrate our commitment to transparency and accountability.
A news release posted here links to the reports and frequently asked questions.
The May report found that Girardi intentionally cultivated relationships at the State Bar and it spotlights nine individuals at all levels who accepted his largesse and failed to report it, creating conflicts of interest. The report details several instances in which the involvement in Girardi cases of conflicted individuals tainted the discretionary decisions they made on behalf of the State Bar, and as a result, the Girardi cases they worked on were improperly closed.
Collectively, the reports provide a clear and comprehensive view of how Girardi’s unethical and unacceptable behavior went unchecked for so long. What happened was wrong, and the Board of Trustees does not condone it. A failure of this magnitude does tremendous damage to public trust, not only in the State Bar, but in the legal profession as a whole.
It’s important to note, however, that none of the staff whose unethical, and frankly shocking, behavior is described in the May report are still at the State Bar, and most of the concerning conduct occurred before 2018.
The State Bar is not the same organization it was five years ago when it separated from the sections and became a purely regulatory agency with a mission to protect the public. The last five years have involved many reforms to further that mission. In the last two years alone, we have instituted numerous changes to strengthen the discipline system and improve oversight.
That said, the work is ongoing. We are now using what we have learned from these reports to ensure that a massive failure of this nature never happens again.
Even before the May report findings were final, the Board formed a three-member Ad Hoc Committee on Oversight and Accountability Reforms to recommend additional changes that may need to be made at the State Bar, including reforms designed to strengthen governance and oversight of the discipline system and prevent conflicts of interest from influencing the State Bar’s work.
Most recently, we have taken steps to strengthen oversight, reporting, and training regarding potential conflicts of interest. More information about these efforts can be found here.
The committee’s further recommendations are in progress and will be posted for public comment before coming to the Board of Trustees for approval. Your comments at our meetings or during the formal public comment cycle are always welcome.
Releasing the May and Lazar reports is an important step in the State Bar’s efforts to foster a culture grounded in integrity, accountability, and transparency. The Board of Trustees takes seriously its responsibility to ensure public trust in the profession through effective governance of the State Bar and the attorney discipline system. We recognize that we can neither ignore nor hide from the failures of the past, but also know that we are a different organization today than we were when the vast majority of the conduct outlined in these reports occurred. Finally, we are committed to continuing to improve in our efforts to fully realize our core public protection mission.
Sincerely,
Ruben Duran
Chair, State Bar Board of Trustees
Jeez, who watches the watchmen indeed.
Skullduggery at the state bar! I thought you non-lawyers might enjoy.
