Tom Girardi ‘will never practice law again,’ State Bar is told

Plaintiffs' attorney Thomas V. Girardi "will never practice law again" nor will he participate in disciplinary proceedings related to alleged misconduct, according to a letter sent to the State Bar by an attorney for his brother, Robert.

Tom Girardi is facing a litany of legal actions after he was accused of stealing millions of dollars in client funds over many years. The State Bar, which for years failed to discipline Girardi despite numerous complaints, now appears determined to penalize him despite a probate court granting his brother temporary conservatorship.

Sheppard Mullin partner Nicholas Van Brunt, who represents Robert Girardi in his brother's probate case, told the State Bar last week that as he has indicated numerous times, he does not represent Tom Girardi. Brunt did say that Robert Girardi, his client, told him that Tom Girardi will not participate in the disciplinary proceedings, including a hearing Monday in which the bar will seek default judgment and disbarment.

"While I appreciate receiving these notices, as I have indicated in previous correspondence to trial counsel, my client understands that his brother will never practice law again and accordingly does not intend to participate in the State Bar proceeding" the letter reads.

Before a Los Angeles probate court granted a petition to appoint Robert Girardi a temporary conservator last month, the bar disputed claims that Tom Girardi suffered from Alzheimers, stating that the petition had been filed under "highly unusual circumstances" and would prevent it from proceeding with disciplinary charges.

Despite failing to block the petition, the bar proceeded to file disciplinary charges, a move Pasadena State Bar defense attorney Erin M. Joyce says it does not have the power to do.

"The whole thing is outside of process, because he's already enrolled inactive due to medical unavailability," she said in a phone interview Friday.

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 and inactive.

"There's no one participating in the proceedings and if you don't participate in a State Bar proceeding, the default is entered," she continued. "And if you get defaulted in State Bar proceedings, you are disbarred. But I would submit that the whole process shouldn't be happening like this."

Beverly Hills attorney Ronald Richards of Ronald Richards & Associates APC, a frequent commentator on all things related to Tom Girardi, said he was suspicious of the Girardis' move not to seek abatement of the default judgment. During a phone interview Friday, Richards suggested that perhaps someone in the Girardi camp has dropped the ball or they want to avoid potential discovery relating to Tom Girardi's mental capacity.

"If you can prevent your client from getting the guillotine on his head, you do so in this case. Any lawyer representing Girardi could have easily stopped these adverse findings from becoming entered through an abatement," Richards said. "Why just fold your cards unless the defense wants to avoid being subject to scrutiny?"

The decision not to challenge the judgment against Tom Girardi would result in a default and the findings the State Bar made, that he misappropriated money from clients, would be declared true, Richards said.

"If you default on a complaint, all the findings become true," Richards said. "If [Tom Girardi] had a defense, that he was suffering from dementia, then wouldn't you want to raise that in the State Bar proceeding?"