‘Weak policies’ mean California Bar can’t protect people from bad lawyers

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‘Weak policies’ mean California Bar can’t protect people from bad lawyers
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Column: 165 complaints against one attorney, little official action and Joe Public would never know

The probe into Eastman focuses on whether he violated the law and ethics rules, but there’s no update just yet on its progress, California Bar officials said Thursday, April 14.

It’s a complaint often levied at the state Medical Board, and the Board of Registered Nursing, and so on — that staffers are quicker to protect their own than protect the public.“We found that the State Bar prematurely closed some cases that warranted further investigation and potential discipline,” said Acting California State Auditor Michael S. Tilden in the report.

“The State Bar failed to adequately investigate some attorneys, despite lengthy patterns of complaints against them,” it continued. “In one example, it closed multiple complaints alleging that an attorney failed to pay clients their settlement funds. When the State Bar finally examined the attorney’s bank records, it found that the attorney had misappropriated nearly $41,000 from several clients.

“Strengthening the discipline system is our number one priority, and we are committed to incorporating the audit findings into our ongoing efforts,” said Ruben Duran, board chair,“As noted in our formal response, the Board found some of the audit findings profoundly troubling. At the same time as we work to oversee the implementation of the specific audit recommendations, we will begin a comprehensive review of oversight and governance policies related to the Office of Chief Trial Counsel.

Fully implementing the Auditor’s recommendations would require about 30 additional staff, $1 million in one-time funds and $200,000 more a year — a drop in California’s budget bucket.

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