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Lawyer
Defend Yourself
Customer Wins Against State Bar
Attorney Richard Canatella, of Cotter and DelCarlo, in
San Francisco, on June 12, 2002 in a published decision issued
by the Ninth Circuit Court of Appeals won the right to have
the federal court determine the constitutionality of the moral
turpitude, legal and just, corrupt motive of passion and
interest, court order in good faith, and warranted law
statutes and rule under which California attorneys are
prosecuted by the State Bar.
Canatella v. State of California, Chairman of the
Board of Governors of the State Bar, Judges of the State Bar
Court, et al. Ninth
Circuit Docket no, 0016782, Northern District Docket Number
00105.
This is the most significant victory in the history of
the State Bar of California.
This is the only opportunity for accused attorneys to
stop the overcharging, frivolous, and trivial charges of the
Bar and bring California law into alignment with
constitutional requirements.
Our constitutional challenge is that each provision is
unconstitutional by reason of facial over breadth in quashing,
chilling, and condemning an attorney’s freedom of speech and
for vagueness and lack of fair notice of the conduct required
and proscribed.
Attorney Canatella has said of our contribution to his
briefs, our research and briefing for him, our editing and
advices throughout this long war that “Lawyer Defend
Yourself“ contributed mightily to this effort!”
You may wish to file a motion to abate or to dismiss
any pending proceeding if you are subject to charges under any
of the provisions at issue.
Lawyer Defend Yourself will be glad to
prepare either or both motions for you. You may call us toll free at (800) 326-0174.
We need attorneys to file Amicus Curiae briefs with the
Northern District in support of the unconstitutionality of any
of the following provisions:
sections 6068 ( c), (g), 6103, and 6106 of the State
Bar Act and Rule 3-200 of the California Rules of Professional
Conduct
We need to show that the charges the State Bar has
brought under these provisions are quashing the speech of
attorneys or are based on far-reaching claims that are not
reasonably foreseeable.
You should know that the State Bar Judges have taken an
active partisan position in this litigation opposed to accused
attorneys. They
are represented by the attorney for the prosecutors.
They have not disclosed to any accused attorney that
they are personally embroiled in these issues nor have they
disqualified themselves from cases in which they have taken a
partisan position. Contact
Lawyer Defend Yourself toll free at (800) 326-0174 if you
wish to be assisted in file a motion for disqualification of a State Bar
judge or if you wish to seek to void a decision made by these
State Bar judges for undisclosed conflict of interest.
Please help. You may e-mail attorney Canatella at
delcarlo@earthlink.net.
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