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News

Bankruptcy,
Civil Litigation,
Law Practice

Feb. 2, 2021

Temporary conservator appointed for Tom Girardi

Famed trial lawyer, facing bankruptcy and possible professional discipline, is said to suffer from short-term memory loss.

Temporary conservator appointed for Tom Girardi

A petition by the brother of famed plaintiffs' lawyer Thomas V. Girardi to serve as a conservator through the end of March was partially granted by a Los Angeles County judge on Monday.

Robert J. Girardi, a dentist, filed the petition on Jan. 19, stating that his brother cannot care for himself without assistance.

"His short-term memory is severely compromised and, on information and belief, he is often not oriented as to date, time or place," the petition stated.

Superior Court Judge Daniel Juarez granted the brother the right to enter into contracts on Tom Girardi's behalf as a temporary guardian, allowing him to retain counsel to represent Tom Girardi in ongoing involuntary bankruptcy proceedings.

Tom Girardi was ordered into Chapter 7 bankruptcy in January after several creditors and former co-counsel alleged in court filings that his law firm, Girardi Keese, owes them various sums totaling millions of dollars. Girardi has also been sued by his longtime partner, Robert M. Keese.

Girardi is also accused of stealing millions of dollars from clients, including relatives of people killed in the 2018 crash of a Boeing jet in Indonesia.

In January, Los Angeles County Judge Holly J. Fujie indicated she would refer Tom Girardi to the State Bar for mishandling client funds.

During bankruptcy hearings, neither counsel nor Tom Girardi himself has been present. Girardi has also missed deadlines to file documentation of his income, liabilities and assets in bankruptcy courts.

Tom Girardi was not present during the hearing on Monday due to a medical emergency, his appointed counsel, R.M. Anthony Cosio, said during the hearing.

"Tom does not understand the dire situation and says his money situation will clear up next week," the brother's petition stated. "It is obvious to petitioner [Robert Girardi] (and anyone else who knows him) that Tom cannot make the decisions needed to handle the important issues relating to this property."

Juarez said he found it necessary to hold the hearing to prevent harm, even though Tom Girardi was a no show.

Cosio submitted to the court on Thursday approval from Tom Girardi to have his brother serve as a temporary conservator to allow him to enter into a contract on Tom Girardi's behalf.

Cosio declined to comment on Monday.

Robert Girardi's attorney, Nicholas J. Van Brunt, a partner at Sheppard Mullin, had agreed with Cosio to appoint a temporary conservator as an emergency solution. Van Brunt said the judge made the right decision.

"It gives Tom an opportunity in the bankruptcy proceeding to have representation through his brother as a temporary conservator," Van Brunt said. "And it's an opportunity to protect him in that proceeding. And obviously, the rest of it will develop because it's an ongoing proceeding."

During the hearing, Van Brunt said they are working on getting a mental capacity declaration from a doctor.

Another hearing is set for March 15 and the temporary conservatorship ends on March 30. A hearing on a full conservatorship for Tom Girardi is scheduled for June.

#361313

Henrik Nilsson

Daily Journal Staff Writer
henrik_nilsson@dailyjournal.com

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