State Bar prosecutor seeks default in Tom Girardi’s discipline action

State Bar Deputy Trial Counsel Kristina B. Ramos moved for default after no one stepped forward to defend plaintiffs’ lawyer Tom Girardi in discipline proceedings.

Beverly Hills Attorney Ronald Richards of Ronald Richards & Associates APC, a frequent commentator on all things related to Girardi, said the April 27 move would likely lead to Girardi’s disbarment.

“The bar bent over backward to invite every potential named attorney of Thomas Girardi to come forward and just file a response, which is really easy to do, and nobody did it,” Richards said. “So now they’ve moved for a default, which will probably be entered and then that will lead to his disbarment right now.”

Girardi is accused of stealing millions of dollars in client funds. Creditors forced him and his law firm, Girardi Keese, into bankruptcy and federal investigators in Illinois are believed to be looking into the matter.

The State Bar placed Girardi under inactive status in March. The agency later issued a consumer warning because of allegations that he misappropriated millions of dollars in client funds.

According to a court filing, the people who declined to participate in the discipline proceedings include: Diane L. Karpman, who previously represented Girardi before the bar; Nicholas Van Brunt, counsel to Robert Girardi, who acts as a temporary conservator for Tom Girardi; and Evan A. Jenness, who appeared for Tom Girardi in the federal case in Illinois. In the Matter of Thomas Vincent Girardi, SBC-21-O-30192 (March 30, 2021).

Richards said he was baffled why none of the lawyers filed an abatement motion to pause the bar proceedings until investigations in the other cases had been cleared up.

Erin M. Joyce, a State Bar defense attorney, said the bar’s action does not make sense, especially since Girardi’s representatives have said in other court proceedings that he suffers from Alzheimer’s disease.

The bar has disputed the Alzheimer’s diagnosis, stating that the petition had been filed under “highly unusual circumstances” and would prevent the bar from proceeding with disciplinary charges.

According to Joyce, the case should be abated given that the rules of procedure govern that the bar cannot take action if someone is deemed incompetent.

“It’s not a discretionary abatement either. You can’t go forward against someone who’s incompetent. Period. Cannot happen,” Joyce said. “It’s just like if someone’s been found unavailable because of insanity in a criminal matter, then you cannot proceed against them.”

A status conference is scheduled for May 10 in the State bar court.