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State Bar Discloses 205 Complaints Against Tom Girardi
Board of Trustees Chair Says He Offers No Excuses, Acknowledges Agency ‘Could Have Done More’
By a MetNews Staff Writer
The State Bar of California disclosed yesterday that more than 200 complaints of misconduct on the part of Thomas V. Girardi were received over the past four decades, with no public discipline being imposed up to the time of the once influence-wielding lawyer being disbarred July 1.
Board of Trustees Chair Ruben Duran said in an “open letter”:
“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 disclosed:
“Over the past 40 years, the State Bar opened 205 disciplinary matters about Girardi. Of the 205 matters, approximately 120 involved allegations relating to client trust account violations. The remaining disciplinary matters involved various allegations ranging from failure to communicate with clients to failure to perform, as well as misrepresentations to courts and clients, among others. Of these 205 disciplinary matters, the State Bar received 69 complaints on or after December 18, 2020, when a petition was filed to force Girardi’s law firm into bankruptcy. Nearly 60 of those recent complaints alleged client trust account violations.
“Three of the 205 disciplinary matters resulted in Girardi’s disbarment earlier this year. An additional 64 matters were thereafter closed due to his disbarment—after a disbarment, there is no further disciplinary action the State Bar can take. Before his disbarment, Girardi was never publicly disciplined by the State Bar. Thirteen other matters were previously resolved through non-public measures at the investigation, prefiling, or post filing stages.”
Summary of Allegations
Attached to the letter is a 42-page summary, in chart form, of the complaints that were received. The identities of persons making the complaints were not included in light of the confidentiality of proceedings.
Allegations included, in addition to the sorts identified by Duran, misappropriations of client funds, client abandonment, failing to make accountings, refusal to honor liens, representing adverse interests, and criminal acts. The descriptions are terse, and where the complaint alleged the commission of a crime, the crime was not identified.
The disposition in 13 cases was described as “Non-Public Resolution.” An explanation was that the matter was “[c]losed with one of the following non-public resolutions: private reproval prior to filing of public charges, agreement in lieu of discipline, warning letter, admonition, or directional letter.”
The earliest of the complaints—alleging “[f]ailure to perform, delay, abandonment of client”—was filed Aug. 10, 1982 with the file closed Dec. 5, 1983 due to “Insufficient Evidence.”
The Metropolitan News Company, which publishes the METNEWS, was represented by Girardi in unsuccessful litigation that stretched over four years and considers itself to be among Girardi’s victims. No report to the State Bar was made owing to a lack of proof of its suspicions.
‘Righting Wrongs’
Duran continued:
“The State Bar began the process of righting the wrongs brought to light by the Girardi matters in 2021, when we conducted an audit of all closed disciplinary matters concerning Girardi. That was followed by the launch of a comprehensive investigation (still ongoing), into prior actions taken by any staff or other State Bar affiliated persons, to determine whether the State Bar’s handling of matters involving Girardi was affected by his connections to, or relationships or influence with these individuals. As I have said previously about this investigation, we are pursuing the facts as vigorously as possible under the law and will go where the evidence leads us. We will share more information about both the audit and the investigation when the latter is completed.”
It is known that Tom Layton, who was an investigator for the State Bar, performed personal chores for Girardi. Howard Miller, an attorney in Girardi’s law firm, Girardi|Keese (now defunct) was president of the State Bar at the time one disciplinary investigation was launched, with an outside lawyer being brought in to conduct the probe, which led to no charges being brought.
The State Bar has instituted reforms, Duran said, adding:
“Today’s disclosure is another step forward in advancing our commitment to protect the public with greater impact, transparency, and urgency. The State Bar is committed to doing everything in our power to prevent something like this from happening again.”
Private Reproval
Attached to the State Bar Office of Chief Trial Counsel’s Nov. 10, 2021 petition for disbarment is an Oct. 18, 1999 private reproval issued to Girardi. There were three counts, and the facts are summarized in the chart released yesterday in three places, based on the date the complaint was filed.
The State Bar file in each case was closed on Oct. 28, 1999, with the disposition being listed as “Non-Public Resolution.”
One summary says: “Incompetent representation,” without elaboration. However, it does reference a Los Angeles Superior Court action in Keith v. Girardi, Keese & Krane.
As described in an attachment to the private reproval, labeled “Stipulation re Facts, Conclusions of Law and Disposition,” Sharon and Leonard Keith hired Girardi to represent their minor son in a personal injury action; Girardi settled the case for $2,015 million; he told the Keiths that after attorney fees and costs were deducted, the child’s share was $1.5 million; the lawyer placed $1 million of the child’s share in interest-bearing certificates of deposit in his own name. The stipulation recites:
“In placing one million dollars of Keith’s settlement monies into CDs not identified as ‘Trust Account,’ ‘Client’s Funds Account’ or with words of similar import, Respondent failed to maintain his client’s monies in trust, in violation of Rules of Professional Conduct, rule 4-100(A).”
Other Summaries
The other summaries say, respectively, Conversion or misappropriation; failure to account, deposit; failure to perform, delay, abandonment of client; lack of/failure to communicate with client” and “Failure to perform, delay, abandonment of client; lack of/failure to communicate with client.”
One of these refers to a case where the judge dismissed all of the causes of action, and Girardi failed to let the plaintiffs know, and the other was an instance where there was no writing reflecting that sums paid to a client were a loan.
Factors in mitigation included Girardi being the current national president of the American Board of Trial Advocates, having “made generous donations to Loyola Law School in excess of $2,000,000,” and “offering to contribute $1,000,000” for a jury assembly room in the Los Angeles Superior Court’s Central Courthouse.
Girardi, now 83, allegedly suffers from Alzheimer’s Disease and is residing in a care facility.
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