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Federal
Judge Orders Entire Firm to Take Ethics Class
By Pamela A. MacLean
New York Lawyer
The National Law Journal
February 8, 2005
A federal judge in Fresno,
Calif., has ordered the entire 80-lawyer firm of Lozano Smith back
to school for a refresher course in ethics as a sanction for
repeated misrepresentation of facts and the law in a dispute over
aid for a learning-disabled student.
Fresno-based Lozano Smith
represents 200 school districts in California on special-education
issues and boasts on its Web site that it is "California's premier
public agency law firm."
U.S. District Judge Oliver
Wanger sanctioned the firm recently for "misguided advocacy" over
four years of opposing services for a special-education student in
the Bret Harte Union School District, southeast of Sacramento.
In a scorching 83-page
opinion, Wanger said Lozano Smith, its lead attorney in the case,
Elaine Yama, and the district engaged in "repeated misstatements of
the record, frivolous objections to plaintiff's statement of facts,
and repeated mischaracterizations of the law."
The public dressing down
was the result of a tenacious solo practitioner, Maureen Graves, who
works out of her garage in Irvine, Calif.
Her client, Robert Moser,
now a 23-year-old college student, was denied special-education help
until his last year of high school. He will receive $23,000 worth of
vocational counseling and other help - but it cost the district
nearly $500,000 in legal fees and four years of litigation.
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