Updated over 14 years ago on . Most recent reply
An Attorney advising clients to break into their own home?
Maybe I should post this is a bulletin but that section is obviously overran by a single individual and I thought this was too funny not to share:
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The State Bar of California on Thursday revoked attorney Michael T. Pines’ license to practice law, branding him “a substantial threat of harm to the public†because of his advice to foreclosure victims to break in and retake their homes.
Pines, whose law offices in Carlsbad were closed earlier this year, argues that most of the foreclosures and evictions of homeowners are conducted illegally because the banks and investment firms who claim ownership of distressed properties don’t have clear title to them.
The decision by State Bar Court Judge Richard Honn is a temporary measure, pending a hearing on disciplinary charges against Pines, the bar said in a statement.
A defiant Pines vowed to continue fighting the actions of big banks and investment groups putting homeowners out on the street, as well as state bar officials, whom he accuses of acting on behalf of the prominent law firms representing the banks -- and paying massive dues to the 232,000-member state lawyers’ association.
“It means absolutely nothing,†Pines, 59, said of the bar court ruling. “I will go right on doing what I have always done and it won't effect me at all, or my clients.â€
The bar court, which operates independently of the state court system in handling internal legal matters, called Pines to a hearing on April 12, where he was accused of violating laws and ethical standards in advising clients to take the law into their own hands.
“Although Pines is a seasoned attorney, he seems to have lost his ability to distinguish between zealous advocacy and lawlessness,†Honn wrote in his 18-page ruling, adding that Pines’ “unwillingness or inability to obey court orders and follow the laws of this state has tarnished the reputation of other attorneys and the legal community as a whole.â€
Chief Trial Counsel Jim Towery said he was gratified that the bar court agreed Pines posed an imminent threat and was likely to continue violating court orders unless his license was revoked.
Deputy Trial Counsel Brooke Schafer said that in none of the cases in which Pines advised clients to reoccupy homes in Carlsbad, Newport Beach and Simi Valley did the former homeowners have a legal right to enter the premises.
--Carol J. Williams
Oh but wait! This guy is even more crazy! He refuses to pay his bar fees because of a plot to kill him?
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Carlsbad attorney Michael T. Pines’ license to practice law was suspended Thursday by the State Bar Court, which said his actions actions on behalf of foreclosed homeowners “tarnished the reputation of other attorneys and the legal community as a whole.â€
Pines, 59, who earned his law degree at the University of San Diego, was arrested by Simi Valley police for trespassing at a client’s home in Ventura County earlier this year. He claimed the home had been “stolen†by a bank through a faulty foreclosure. Pines readily admits to advising about 70 of his clients to illegally reenter their homes after foreclosure.
State Bar Court Judge Richard Honn found that Pines had “lost his ability to distinguish between zealous advocacy and lawlessness.â€
“Legal decisions are to be made by the courts, not the litigants,†Honn said in his ruling. “(Pines’) unwillingness or inability to obey court orders and follow the law of this state has tarnished the reputation of other attorneys and the legal community as a whole.â€
The technical decision by Honn was to declare Pines’ license “involuntarily inactive†pending a hearing on disciplinary charges.
“The state bar is very gratified that the court has agreed with us that Pines poses an imminent threat of harm to the public, and therefore has removed him from active practice,†said chief trial counsel Jim Towery. “Lawyers have an obligation to follow the law, not to break it. There are proper ways and improper ways for a lawyer to protect a court order. Taking the law into one’s own hands is an improper way, and will subject the lawyer to discipline.â€
Pines said in an interview that he expected the verdict, but plans to continue advising clients but not participate in any break-ins that could result in his arrest.
"I'm giving the same advice I always have, and I will continue to do so," he said.
Currently, he said, he is working on a case in Carlsbad where an armed guard might be hired to accompany a locksmith and open a house lost to foreclosure by a client. An alternative approach is being proposed by the Carlsbad city attorney, he said.
In the meantime, Pines said he is urging his fellow attorneys to stop paying their dues to the bar association -- he has not paid his bill of about $700 -- and is working with authorities on what he describes as a conspiracy to implicate him in a murder plot.
Earlier this month, Pines told the Union-Tribune he typically alerts real estate agents and the media about a given foreclosed property.
"And when that doesn’t work, we break in,†he said.
Asked what he would do if he ultimately loses his license, Pines said he could teach, write and advise other lawyers and clients how to deal with questionable foreclosures.
"The only thing I can't do is to court (on behalf of a client)," he said. "I can stand there and tell another lawyer what to say. They're not going to stop me from going to court."
http://www.signonsandiego.com/news/2011/apr/28/pines-suspended-law-practice/