Lawyer Facing Disbarment Recommendation from California Bar Court due to Refusal to Adhere to Judicial Directives
In this follow-up, we delve into the case of attorney Libman, who was involved in a contempt of court charge for failing to provide necessary documentation and refusing to answer questions during a deposition. The Superior Court ordered Libman to return the $1.65 million in attorney's fees, but he refused, leading to further penalties and sanctions, including a disgorgement order and issue sanctions.
Libman's non-compliance with the court orders resulted in nine charges of misconduct brought against him by the State Bar. The State Bar Court conducted a hearing, and all charges were proven by clear and convincing evidence. Libman's behavior included acts of moral turpitude, false statements under oath, conflicts of interest, and repeated defiance of court orders.
The State Bar Court recommended that Libman be disbarred. In their decision, they described Libman's misconduct as "egregious and extensive" and that his actions "undermine the administration of justice and demonstrate an extraordinary and calculated violation of ethical standards".
As an attorney, it's crucial to obey court orders, even if they are directed to the attorney personally. While there may be rare situations where an attorney needs to defy a court order, once an appeal has been decided, full compliance is mandatory. Failing to do so can have severe legal and ethical consequences, including fines, imprisonment, contempt charges, asset concealment charges, civil penalties, and disciplinary action from the bar association.
In this case, the requests for information about the $1.65 million were not subject to any privilege, and Libman should have produced the information. His refusal to answer questions during the debtor's examination even after his objections had been overruled significantly contributed to the severe consequences he faced.
This incident serves as a reminder for all attorneys to uphold their professional conduct rules, act with integrity, and maintain the trust of their clients and the legal system. A single deviation from these principles can have far-reaching, damaging consequences.
Libman's refusal to comply with the court's order for returning the $1.65 million led to additional sanctions from the court, including a disbarment recommendation from the State Bar Court. Due to his misconduct, Libman faced the possibility of disbarment from the California State Bar, an action taken for serious ethical violations. The court order for Libman's disbarment was a direct consequence of his contempt towards the court's orders and the evident disregard for ethics in his practice.
