Ex-Girardi Keese lawyer objects to expansion of contempt hearing scope

A former Girardi Keese attorney sued in Illinois over settlement money relating to an airline crash in Indonesia objected to attempts to expand the scope of an upcoming contempt hearing related to an Illinois embezzlement case.

An attorney representing the ex-Girardi Keese attorney, Keith D. Griffin, argued that allowing a witness to provide testimony about Griffin's alleged knowledge of suspended plaintiffs' attorney Thomas V. Girardi's misconduct is not relevant to the September contempt hearing.

The case is one of two in Illinois against Griffin and David R. Lira stemming from their work at Girardi Keese and Girardi's failure to pay the settlement money.

Edelson PC, which acted as local counsel in the plane crash lawsuit, filed complaints against Girardi Keese, Griffin and Lira. The plaintiffs were never paid after the case settled for millions of dollars, nor was Edelson, the complaints stated.

Griffin and Lira have stated they were only employees of Girardi Keese and had no control over whether the Edelson firm or the clients were paid.

In an attempt to show that Griffin was aware of Girardi's misconduct, Edelson filed a motion to introduce a witness who said she sought legal advice from Girardi Keese on a medical malpractice claim in 2017. According to court documents, the firm refused to take the case. According to the woman's declaration, Griffin told her she "should feel lucky that the firm would not be handling the case, because some people were not being paid."

But Griffin's attorney, Ryan D. Saba of Rosen Saba LLP, stated in court filings that Edelson is trying to expand the scope of the contempt hearing beyond the plane crash litigation and should not be allowed to do so. In re: Lion Air Flight JT 610 Crash, 18-CV07686 (N.D. Ill., filed Nov. 19, 2018).

"The expansion of the scope of this hearing will require additional witnesses and evidence to rebut any presently unknown allegations by Edelson," Saba wrote.

Saba also stated that Griffin most likely never spoke to the witness and had no recollection of her. Saba also wrote that there is no rational explanation why any lawyer would say that a potential client should feel lucky that the firm would not take the case.

Saba could not provide a comment on Tuesday.

Edelson has subpoenaed Western Alliance Bank to produce canceled checks from the Girardi Keese trust fund that Lira allegedly signed.

The parties have clashed over what evidence should be allowed in the contempt hearing scheduled for Sept. 13 and 14. Edelson filed a motion to compel Griffin to appear in person at the hearing. Lira has agreed to appear, according to court documents.

Griffin will also appear but will only answer questions related to the Lion Air litigation, according to court documents filed by Saba. Edelson has taken on an adversarial role and has not produced a list of witnesses nor documents that the firm intends to introduce at the hearing, Saba contended.

The lawsuit seeks about $2 million in damages from Lira and Griffin.

"We understand that the Girardi defendants have settled on a clear strategy, consisting primarily of variations of the 'Look at the shiny object over there,' Edelson PC partner Jay Edelson wrote in an email Tuesday. "It's not going to work. We have amassed a lot of evidence that we are eager to put before the court. We are very confident in the case we will be able to present."

Girardi has stated he would not testify if called as a witness in the contempt proceedings against Griffin and Lira.

He signed a declaration on Aug. 6, filed with the court Aug. 10, stating, "I would follow the advice of my counsel and invoke my constitutional rights to remain silent."