California Consumers Ask BAR To Reveal Whose Interests BAR Actually Protects With Taxpayer Funds

January 13, 2009

By Community Association Publishing
Copyright 2009 Community Association Publishing

TO: Scott Drexel - Chief Trial Counsel
The State Bar of California:
1149 South Hill Street
Los Angeles, California 90015

Ms. Holly Fujie - President, California State Bar Board of Governors
Buchalter Nemer
1000 Wilshire Blvd Ste 1500
Los Angeles, CA 90017


California consumers and taxpayers present the State Bar of California with a standing (open) request/demand for long-overdue disclosure and transparency as follows:

STATEMENT: State Bar President represents in writing "The State Bar represents attorneys in California."

[source: California BAR Journal, August 2001 'From The President' message (P. Madden)/ http:calbar.ca.gov/calbar/2cbj/01aug/frompres.htm]

STATEMENT: State Bar website represents in writing "...the State Bar is a public corporation within the judicial branch of government, serving as an arm of the California Supreme Court...protects the public..."

[source: The State Bar of California, 'About The Bar' (internet web site)/ http://www.calbar.ca.gov/state/calbar/calbar_home_generic.jsp?cid=10102]

QUESTION #1: If California taxpayer funds are used to pay for the operations of the State Bar of California, a "public corporation" which purportedly exists to "protect the public" and which is part of the public "judicial branch of government" please DISCLOSE why the State Bar website also tells consumers, taxpayers and the general public the following, NONE of which appears to be intended to provide any protections to interests of, nor any services to, the "public" ???

"The State Bar cannot advise you and or otherwise help you in any matters connected with your complaint or in any other dispute in which you may be involved."

"The law limits the authority of the State Bar."

"...it [BAR] cannot give you legal advice or any other legal services..."

"...it [BAR] cannot advise you what your rights are in a given situation or what you should do."

"It [BAR] CANNOT act as your lawyer."

[source: The State Bar of California (internet website)/ http://calbar.ca.gov/calbar/pdfs/Disp.Comp.pdf]

QUESTION #2: Since California taxpayer dollars are used to fund the State Bar which purports to "protect the public", why do members of the general public (consumers & taxpayers) who submit written complaints to the State Bar about errant lawyers repeatedly receive form-type letters signed by non-attorneys declining to investigate, let alone disbar or suspend (discipline) the majority of errant wrong-doers?

QUESTION #3: Are members of the State Bar, including employees of the State Bar of California, not in fact prohibited [per Section 6128 of the Business & Profession Code] from "consenting to" and or engaging in any "deceit" and or "collusion" which is precisely what appears and is believed to occur when the State Bar fails or refuses to timely and competently investigate and discipline errant attorneys, but instead permissively enables them to defile and sully the "public" trust and confidence whilst lining their pockets and the pockets of the members of their "publicly-funded" private brotherhood?

QUESTION #4: Is it not a patent conflict of interest and or misleading for the State Bar of California to spend taxpayer dollars to solicit and accept complaints against errant attorneys from aggrieved taxpayers, consumers and members of the general public, if in fact (as stated above) the State Bar of California actually exists to "represent attorneys in California"?

QUESTION #5: Is it an appropriate use of tax dollars to fund a "public" corporation which is part of "public" government, but which actually does not exist to protect the "public", but appears and is believed to exist solely to represent the interests of, and to "protect" attorneys?

QUESTION #6: Why do multiple letters to the State Bar of California (a "public" corporation funded with tax dollars) submitted in good faith by California consumers, taxpayers (members of the general "public") go un-answered for months, including requests for assistance addressed personally to Chief Trial Counsel representatives by name?

California consumers and taxpayers request (demand) the courtesy of a timely response to this open (standing) request for disclosure and transparency by the State Bar of California, including disclosure of correct and true material facts regarding the propriety (or lack thereof) of using "public" taxpayer dollars to fund the State Bar of California which arguably [by its own written admissions and history] does not appear, and is not believed, to exist for purposes of protecting the interests of the "public".

The written disclosure and reply to the above referenced issues by the President and or Chief Trial Counsel of the State Bar of California is requested, herein and in writing.