For the most part, I try to keep this blog controversy free. I mean, I'm really trying to be inclusive what with the whole concept being legal research is easy to find and use by all. Problem is that sometimes decisions are handed down that get my attention and since this is virtually my only outlet on things legal, here we go.
See, a while back, Sergio Garcia had applied to practice law in California. Problem was, he initially entered the country (U.S.A.) illegally. Clearly he didn't see the problem with the little detail of upholding the laws of the country you're trying to "serve" (I'm guessing his confusion came up because he's in California and California is a "harbor" state). So, he filed his appeal and the court of appeals denied his claim. So, he appealed to the California Supreme Court and this time he got support of "state legislators" and Governor "Moonbeam" and the state supreme court. Seems what with Moonbeam in his corner, Mr. Garcia won his bid and is now cleared to practice law in California.
Really?! So, all you have to do to become a lawyer these days is complain loudly and then do whatever you want? Where is the outrage by the lawyer groups? Why bother going to law school or taking the bar. Heck, maybe I should just hang out a shingle and declare my right to be a lawyer just because I want to. I want it, i WANT it, I want IT! Why bother obeying the law (or any law) if I can just claim "unfairness" as a legal foundation?!
Actually, what I want to know is why the State Bar isn't up in arms. I mean, as part of the bar application, you have to check a box claiming you are a citizen of the United States. Pursuant to the California Rules of Professional Conduct:
False Statement Regarding Admission to the State Bar: (A) A member shall not knowingly make a false statement regarding a material fact or knowingly fail to disclose a material face in connection with an application for admission to the State Bar. (Rule 1-200).
How this is applicable is that at some point, Sergio Garcia had to check the box yes or no. If he check yes (saying he is a citizen), then he violated Rule 1-200. If he checked no, then there should be no issue since he's not a citizen of the United States. Clearly, Moonbeam twisted some political arms to get this guy rammed through the system.
You know, now that I think of it, maybe I don't understand the law or the difference between right and wrong. Perhaps you don't either? Might I suggest you take a look at:
- California Practice Guide: Professional Responsibility (West)
- California Rules of Professional Conduct/The State Bar Act (State Bar of California)
- Compendium of Professional Responsibility: Rules and Standards (ABA)
- Selected Standards of Professional Responsibility (West)