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In the interest of speed and timeliness, this story is fed directly from the Associated Press newswire and may contain spelling or grammatical errors.
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State Bar considers punishment for law firm in alleged settlement
scam
Thursday April 17, 2003
LOS ANGELES (AP) A Beverly Hills law firm that sued thousands
of small businesses for minor violations such as forgetting to give
a customer a receipt bilked those companies of thousands of dollars
and should be barred from practicing law, a State Bar attorney said
Thursday.
The Trevor Law Group and its partners should have their law
licenses revoked because they pose a threat to ``commit fraud
again,'' Jayne Kim told Judge Richard A. Honn of the State Bar of
California's trial court.
An attorney for Trevor Law Group argued that the firm did
nothing wrong, adding that its lawyers were simply making a living.
``Making money goes to the heart of the capitalistic system,''
Kevin Gerry told the judge.
What's more, he said, the state provides ``monetary incentives''
for attorneys who sue businesses that allegedly cause public harm.
The hearing was to continue Friday.
State Bar officials contend the firm filed baseless lawsuits,
committed mail fraud, violated court orders and engaged in illegal
fee-splitting.
``Their extensive misconduct entailed numerous acts of moral
turpitude, dishonesty or corruption,'' chief trial counsel Mike
Nisperos said.
Attorney General Bill Lockyer sued Trevor Law Group for
allegedly violating the state Business and Professional Code,
accusing the firm of forming a shell corporation, Consumer
Enforcement Watch, to sue thousands of auto repair shops and
restaurants, owned mostly by immigrants.
A Los Angeles Superior Court judge dismissed the suits against
approximately 2,000 auto shops, and the law firm later dropped its
actions against the restaurants when it became clear those cases
would also be dismissed.
In court Thursday, Kim described Consumer Enforcement Watch as a
``shell corporation created solely for the corrupt purpose of
making money.'' State Bar investigators found evidence that
``Trevor Law is CEW,'' she said, with the latter having no real
employees or office.
Kim said lawyers typically contacted defendants and threatened
to report them to immigration officials in order to obtain
thousands of dollars in ``quick settlements.''
Gerry argued that settlements are normal and even encouraged by
the State Bar.
``Ninety percent of civil cases settle before they go to
trial,'' he said. ``The notion that my clients are doing something
wrong by trying to settle is frankly absurd. It's exactly what they
should be doing.''
(Copyright 2003 by The Associated Press. All Rights Reserved.)
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