Expect two Los Angeles plaintiff lawyers to conduct a self-flagellation clinic at the Ninth Circuit U.S. Court of Appeals next week.
The court ordered Walter Lack and Paul Traina to appear in connection with a disciplinary proceeding. Those lawyers, along with Tom Girardi and a junior associate, submitted fraudulent appellate briefs while representing injured Nicaraguan banana workers, according to a sanctions order. At a hearing last week, a three judge panel sounded like it wanted to hammer them good.
But Lack and Traina’s lawyer suggested the court hear from his clients directly before issuing any final order, and the judges have taken them up on the offer. So a win for Lack and Traina would be to convince the court to go along with a deal whereby they don’t receive a formal suspension, which may hurt them before the State Bar. Expect lots of contrition, maybe even Mao-style ritualistic self-criticism — anything to convince the judges they learned their lesson.
Repentance is scheduled for Oct. 15 at 11 am.
— Dan Levine