On Tuesday, September 17, 2024, ABA Journal reported that a California bar court judge had rejected a lawyer’s attempt to dismiss an ethics charge against him. Michael Libman, a lawyer from Tarzana, California, was accused of plotting to hire hackers to access the email and phone accounts of a judge and another attorney.
According to court documents, Judge Yvette Roland denied Libman’s motion to dismiss the charges in an order on September 17. Libman had argued the allegations were just talk and his conversations were protected speech. However, Judge Roland disagreed, finding Libman took substantial steps towards carrying out the plan. She noted he reached out to another lawyer, Paul Paradis, for help and was in contact with alleged hackers about payment.
Libman is also accused of questionable conduct in a class action lawsuit that resulted in him receiving $1.65 million in legal fees. He was later ordered to forfeit the money for failing to provide case records. New ethics charges regarding an alleged plot to hack two individuals were brought against Libman in June based in part on recordings made by Paradis, who revealed himself to be an FBI informant.
In her order, Judge Roland affirmed the charges would continue through the state bar court process. She rejected arguments that Libman was entitled to a jury trial, noting that precedent holds the state bar court is not an ordinary agency but rather an arm of the California Supreme Court in attorney disciplinary matters. The case against Libman will therefore remain in bar court.
Source: ABA Journal
