California  |  Legal Ethics

Legal Question

Asked on: 7/22/13, 3:55 am

Why does the California State Bar protect lawyers at the expense of the innocent?

A Palm Springs HOA lawyer wrote a Cease and Desist Letter regarding an unofficial Newsletter paid from personal funds. We called it the Independent RG (initials of the condo). The Lawyer stated RG belongs to the Association and we could not use it. Our Articles of Incorporation records the 'RG Home Owners Association'. Ironically, there is a HOA in Bakersfield with the same name filing 'RG Owners Association' because we were first to file. Googling 'RG' cites hundreds of international entities using RG. Can we still use Independent RG Newsletter legally?

Also the Lawyer wrote we must stop fabricating 'news'. We can prove everything we say and the Lawyer never mentioned what was fabricated. The Lawyer actually fabricated what the Board gave her to write. She signed the letter without researching the Articles of Incorporation or listing one 'fabrication'. The responsibility belongs to the signature.

This Cease and Desist letter is in our file and we cannot get it removed. I foresee no apology nor removal even though many believe she is wrong. The State will not take any action against this lawyer nor even mention our complaint to her. Another lawyer stated basically lawyers can get away with whatever they can get away with it's the Ol' Boys clique.

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