On Wednesday, September 21, 2022, the Chief Justice of the Supreme Court of California ruled on the disciplinary charges against Los Angeles attorney Brian David Witzer alleging intentional misrepresentation by making false and misleading statements.
The ruling summarily suspends Witzer from law practice for one year.
The case, titled In the Matter of Brian David Witzer, was brought by the Office of the Chief Trial Counsel of the State Bar, case no. 21-O-30988.
The charges cited Witzer’s violation of Rule 3-700(B)(2) of the Rules of Professional Conduct and section 6106 of the Business and Professions Code.
The Rules of Professional Conduct can be found on The State Bar of California’s website.
The Notice of Disciplinary Charges involves three counts of violation committed by the Respondent.
Count I involves the following statement made by the respondent during defendant Linde’s deposition when the latter asked if his client Joan Brierton-Johnson would testify at a deposition that Joan stole Sabrina Johnson’s money, to wit:
“She’s going to say that you did not ever ask to speak with Sabrina, and you gave no written and informed consent to Sabrina. And of course, to the extent that you were attempting to give her medical reimbursement, she would take it, but you never gave her daughter an informed consent, as was required by the attorney of record at that time. That’s what she’s going to say.”
Count II involves the following exchange between Linde and the respondent:
“We’ll see what [the plaintiffs] say in their depositions, but I’d be very surprised to hear them say anything other than that.” In response, respondent stated, “Well, you’re going to.” When Linde asked respondent, “And is Joan going to say that?” respondent responded, “I don’t know yet.”
Respondent knew that Joan Joan Brierton-Johnson was dead at the time he made the statements and knew his statements were false and misleading.
The Office of Chief Trial Counsel finds Respondent’s conduct as an act involving moral turpitude, dishonesty, or corruption in willful violation of the Business and Professions Code, section 6106. Respondent is charged with committing intentional misrepresentation by making a knowingly false and misleading statement. It also finds in Count III that Respondent’s failure to withdraw from employment when he knew that continued employment would result in a violation of the State Bar Act, in willful violation of the Rules of Professional Conduct.
On April 14, 2022, the Hearing Department of the State Bar Court entered its Order Approving Stipulation filed by the parties.
Accordingly, the Supreme Court of California ordered:
“. . . that Brian David Witzer (Respondent), State Bar Number 123277, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and Respondent is placed on probation for one year subject to the following conditions:
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- Respondent must comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on April 14, 2022; and
- At the expiration of the period of probation, if Respondent has complied with the terms of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.”
Respondent must also take and pass the Multistate Professional Responsibility Examination and provide proof to the State Bar’s Office of Probation.
Mr. Brian David Witzer practiced in Los Angeles California. He has been licensed in California, license no. 123277. His info can be found on The State Bar of California.
A copy of the original filing can be found here.
