Despite diagnosis, Girardi discipline will proceed, Bar says

The State Bar is proceeding with the disbarment of Thomas V. Girardi, it said Friday, after a hearing court entered a default in his disciplinary case as he did not respond to the notice of charges.

Girardi's brother and conservator, Robert Girardi, has said that Girardi suffers from Alzheimer's disease. The State Bar previously said this diagnosis would prevent the agency from proceeding with disciplinary charges.

The Office of Chief Trial Counsel will petition for Girardi's disbarment if the default is not vacated or set aside, according to a news release Friday. The petition will go to the California Supreme Court for a final decision.

Girardi is listed as ineligible to practice law in California, according to the State Bar's website.

The court entered default in Girardi's case because he did not file a response to the notice of disciplinary charges, according to information from the State Bar. The Rules of Procedure from the State Bar state that the agency can now admit evidence against Girardi that would otherwise be inadmissible.

Girardi will also lose his ability to participate in the proceedings unless he makes, and the court grants, a motion to have the default set aside. He could also face monetary sanctions, according to the default order.

Girardi has been accused of stealing client money for years and using it for personal expenses. The State Bar has also faced criticism for its handling of Girardi's discipline record, with some accusing the agency of overlooking reports against him.

The State Bar filed charges against Girardi on March 30, including failure to maintain funds in client trust accounts, misrepresentation and moral turpitude.

On April 27, Nicholas J. Van Brunt, a partner at Sheppard Mullin serving as counsel to Robert Girardi, said "they did not intend to participate any further in the proceedings," according to the State Bar.