Case Number(s): 06-PM-10697-RMT
In the Matter of: Philip J. Girardin, Bar # 142664, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Terrie Goldade, Bar # 155348
Counsel for Respondent: In Pro Per, Bar #
Submitted to: Assigned Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: March 23, 2006
<<not>> checked. PREVIOUS STIPULATION REJECTED
Note: All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.
1. Respondent is a member of the State Bar of California, admitted December 11, 1989.
2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 12 pages, not including the order.
4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."
5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline (no actual suspension).
<<not>> checked. Until costs are paid in full, Respondent will remain actually suspended from the practice of law unless relief is obtained per rule 5.130, Rules of Procedure (actual suspension).
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: 2007, 2008. (Hardship, special circumstances or other good cause per rule 284, Rules of Procedure.)
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
1. 92-C-18568 effective 05/18/93, conviction referrals pursuant to Business & Professions Code sections 6101 and 6102, and Rule 951, California Rules of Court - Public Reproval.
2. 00-PM-15161/S085747 effective 02/07/02, Business and Professions Code sections 6068(k) and 6103 - Probation revoked and reinstated; no actual suspension.
Additional aggravating circumstances: .
Additional mitigating circumstances: See attachment.
Attachment language (if any):
IN THE MATTER OF: Philip Joseph Girardin, State Bar No. 142664
STATE BAR COURT CASE NUMBER: 06-PM-10697
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statute.
1. On or about December 10, 1999, Respondent, who was represented by Arthur L. Margolis, Esq., entered into a Stipulation re Facts, Conclusions of Law and Disposition with the State Bar in State Bar Court Case nos. 98-C-03098 and 98-C-03099 ("Stipulation"). Respondent and Mr. Margolis signed the Stipulation. The Heating Department of the State Bar Court entered an order approving the Stipulation on or about December 21, 1999.
2. On or about April 19, 2000, the California Supreme Court filed an Order in Case no. S085747 (State Bar Court Case nos. 98-C-03098 and 98-C-03099) that Respondent be suspended from the practice of law for a period of 2 years and until he has shown proof satisfactory to the State Bar Court of his rehabilitation, fitness to practice and learning and ability in the general law pursuant to standard 1.4(c)(ii), Standards for Attorney Sanctions for Professional Misconduct, that execution of suspension be stayed and that Respondent be placed on probation for a period of 5 years subject to the conditions of probation, including actual suspension for 6 months as recommended by the Hearing Department of the State Bar Court in its order approving the Stipulation filed on December 21, 1999. Respondent was ordered to comply with the following terms and conditions of probation, among others:
A. As a condition of probation, Respondent was ordered to submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of his probation period and to state under penalty of perjury whether he had complied with the State Bar Act and the Rules of Professional Conduct. Respondent has not complied in that Respondent filed all of his Quarterly Reports due from July I 0, 2002 through April I 0, 2005 late. Respondent failed to file his Quarterly Reports due July 10, 2005, October 10, 2005, and January 10, 2006 until February 21, 2006.
B. As a condition of probation, Respondent was ordered to provide monthly proof to the Office of Probation of his attendance to at least 4 meetings per month of either Alcoholics Anonymous or The Other Bar meetings. Respondent has not complied in that he filed all of his proof due from July 10, 2002 through April 10, 2005 late. Respondent also filed his Reports due July 10, 2005, October 10, 2005 and January 10, 2006 reports on February 21, 2006. Moreover, for October 10, 2005, Respondent only attended 3 meetings instead of the required 4 meetings.
C. As a condition of probation, Respondent was ordered to maintain with the Office of Probation a current address and a current telephone number at which Respondent can be reached and respond within 12 hours; Respondent was also ordered to promptly report, and in no event in more than 10 days, to the Membership Records Office and the Office of Probation all changes of information including current office or other business address for State Bar purposes. Respondent has not complied in that he has failed to maintain a current telephone number.
D. As a condition of probation, Respondent was ordered to cooperate fully with his probation monitor in order to enable him to discharge his duties. Respondent has not complied in that he has failed to provide quarterly reports to his Probation Monitor since July 10, 2005, has failed to provide his Probation Monitor with valid telephone numbers and e-mail address, and has failed to otherwise remain in communication with his Probation Monitor.
By failing to timely file his July 10, 2005, October 10, 2005 and January 10, 2006 Quarterly Reports with proof of attendance at AA or The Other Bar meetings; by failing to timely update his contact information; and by failing to cooperate fully with his probation monitor, Respondent wilfully violated Business and Professions Code, section 6068(k).
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph A.(7), was March 15, 2006.
OTHER CONDITIONS NEGOTIATED BY THE PARTIES.
The parties stipulate to waive any Variance in the language, allegations, and conclusions of law between this stipulation and the Notice of Motion and Motion to Revoke Probation filed on February 10, 2006. Respondent acknowledges that this stipulation contains language, allegations, and conclusion of law which differ from the language, allegations, and conclusions of law contained in the Notice of Motion and Motion to Revoke Probation filed on February 10, 2006. The parties further stipulate to waive the fight to have an Amended Notice of Motion and Motion to Revoke Probation.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of March 14, 2006, the estimated prosecution costs in this matter are approximately $1,546. Respondent acknowledges that this figure is an estimate only and that it does not include State Bar Court costs which will be included in any final cost assessment. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
AUTHORITIES SUPPORTING DISCIPLINE.
The greatest amount of discipline would be warranted by probation violations which show a breach of a condition significantly related to the misconduct for which probation was given. In the Matter of Potack, (Rev. Dept. 1991) 1 Cal. State Bar Ct. Rptr. 525, 537.
ADDITIONAL CIRCUMSTANCES.
For most of February 2006, Respondent was hospitalized at Glendale Adventist Hospital at Glendale for the treatment of a kidney disorder and depression. Prior to his hospitalization, Respondent had been suffering from the effects of those disorders for approximately 3 to 4 months.
Case Number(s): 06-PM-10697-RMT
In the Matter of: Philip J. Girardin
<<not>> checked. a. Respondent must abstain from use of any alcoholic beverages, and shall not use or possess any narcotics, dangerous or restricted drugs, controlled substances, marijuana, or associated paraphernalia, except with a valid prescription.
<<not>> checked. b. Respondent must attend at least meetings per month of:
<<not>> checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
<<not>> checked. Other program
As a separate reporting requirement, Respondent must provide to the Office of Probation satisfactory proof of attendance during each month, on or before the tenth (10th) day of the following month, during the condition or probation period.
checked. c. Respondent must select a license medical laboratory approved by the Office of Probation. Respondent must furnish to the laboratory blood and/or urine samples as may be required to show that Respondent has abstained from alcohol and/or drugs. The samples must be furnished to the laboratory in such a manner as may be specified by the laboratory to ensure specimen integrity. Respondent must cause the laboratory to provide to the Office of Probation, at the Respondent’s expense, a screening report on or before the tenth day of each month of the condition or probation period, containing an analysis of Respondent’s blood and/or urine obtained not more than ten (10) days previously.
<<not>> checked. d. Respondent must maintain with the Office of Probation a current address and a current telephone number at which Respondent can be reached. Respondent must return any call from the Office of Probation concerning testing of Respondent’s blood or urine within twelve (12) hours. For good cause, the Office of Probation may require Respondent to deliver Respondent’s urine and/or blood sample(s) for additional reports to the laboratory described above no later than six hours after actual notice to Respondent that the Office of Probation requires an additional screening report.
<<not>> checked. e. Upon the request of the Office of Probation, Respondent must provide the Office of Probation with medical waivers and access to all of Respondent’s medical records. Revocation of any medical waiver is a violation of this condition. Any medical records obtained by the Office of Probation are confidential and no information concerning them or their contents will be given to anyone except members of the Office of Probation, Office of the Chief Trial Counsel, and the State Bar Court who are directly involved with maintaining, enforcing or adjudicating this condition.
Other:
SIGNATURE OF THE PARTIES
Case Number(s): 06-PM-10697-RMT
In the Matter of: Philip J. Girardin
By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Philip J. Girardin
Date: March 20, 2006
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Terrie Goldade
Date: March 21, 2006
Case Number(s): 06-PM-10697-RMT
In the Matter of: Philip J. Girardin
Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any, is GRANTED without prejudice, and:
checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
<<not>> checked. All Hearing dates are vacated.
The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation. (See rule 135(b) Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 953(a), California Rules of Court.)
Signed by:
Judge of the State Bar Court: Robert M. Talcott
Date: March 21, 2006
CASE NUMBER(s): 06-PM-10697-RMT
I, the undersigned, over the age of eighteen (18) years, whose business address and place of employment is the State Bar of California, 1149 South Hill Street, Los Angeles, California 90015, declare that I am not a party to the within action; that I am readily familiar with the State Bar of California’s practice for collection and processing of correspondence for mailing with the United States Postal Service; that in the ordinary course of the State Bar of California’s practice, correspondence collected and processed by the State Bar of California would be deposited with the United States Postal Service that same day; that I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date on the envelope or package is more than one day after date of deposit for mailing contained in the affidavit; and that in accordance with the practice of the State Bar of California for collection and processing of mail, I deposited or placed for collection and mailing in the City and County of Los Angeles, on the date shown below, a true copy of the within
STIPULATION RE: FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
PROBATION VIOLATION -"PM" PROCEEDING
in a sealed envelope placed for collection and mailing as first class mail, at Los Angeles, on the date shown below, addressed to:
PHILIP J. GIRARDIN
P.O. BOX 250591
GLENDALE, CA 91225
in an inter-office mail facility regularly maintained by the State Bar of California addressed to:
N/A
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at Los Angeles, California, on the date shown below.
DATED: March 21, 2006
SIGNED BY: Maricruz Farfan
Declarant
[Rule 62(b);Rules Proc.; Code Civ. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on March 23, 2006, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
in a sealed envelope for collection and mailing on that date as follows:
checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
PHILLIP J. GIRARDIN, ESQ.
PO BOX 250591
GLENDALE, CA 91225
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
TERRIE GOLDADE, A/L, Office of Probation, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 23, 2006.
Signed by:
Rose M. Luthi
Case Administrator
State Bar Court