2 ex-Girardi Keese lawyers file claims on bankruptcy assets

Thomas V. Girardi's son-in-law, attorney David R. Lira, and former Girardi Keese attorney Keith D. Griffin filed $500,000 and $150,000 claims, respectively, against the firm and Girardi in his bankruptcy case.

After several suits were filed last year, alleging Girardi embezzled money from clients, Lira and Griffin, both formerly of Girardi & Keese, were dragged into a federal lawsuit filed by Edelson PC in Chicago, seeking to hold them responsible for withholding funds from former clients whose family members died in a plane crash in Indonesia.

Both attorneys have portrayed themselves as salaried employees who had no control over Girardi or their former firm. The two have avoided depositions as yet and seek to have the Illinois action thrown out.

However, commenting Friday, Beverly Hills Attorney Ronald Richards of Ronald Richards & Assoc. APC, who has emerged as an expert on all things Girardi since the well known plaintiffs' attorney's legal woes began last year, said while Lira's and Keith's defense that they were employees with no control could shield them from potential criminal liability if successful, "it certainly won't shield them from tort liability, or other consequences, if they reasonably knew clients weren't getting paid and remained silent."

"As a lawyer, if you see something going wrong in an office, you can't say, 'Well, this is my boss' problem, not my problem.' You have an independent duty to the client," Richards said. "These aren't administrative people. These are licensed professionals."

Griffin's attorney, Ryan D. Saba of Rosen Saba LLP, who filed the claim against Girardi's assets in the bankruptcy case in the Central District of California on Tuesday, did not respond to a request for comment Friday.

Representing Lira, Edith R. Matthai of Robie & Matthai argued in court papers filed in March that the Chicago lawsuit must be part of the bankruptcy case in California. In re: Girardi Keese, 20-BK21022 (C.D. Bankruptcy Ct., led Dec. 18, 2020).

"Under California Law, Lira has a claim for indemnification that must be brought in the Girardi bankruptcy actions," Matthai wrote. She argued that Lira's indemnification defense should be tried in bankruptcy court, not in the Northern District of Illinois court, which lacks jurisdiction.

Edelson attorney Alexander G. Tievsky said in reply filings that his law firm believes Lira participated in the misappropriation of funds and then covered it up.

Girardi has been forced into bankruptcy by creditors, who say he owes tens of millions of dollars. After a psychiatrist stated in court filings that Girardi has Alzheimer's disease, his brother, Robert Girardi, was granted conservatorship.

However, the California State Bar and Edelson dispute this claim. The bar objected to a conservatorship petition that Girardi's brother was granted in February, stating the petition had been filed under "highly unusual circumstances" and would prevent the bar from proceeding with disciplinary charges.