Girardi Fraud Case: Ex-Celebrity Attorney’s Mental Competence Challenged in Court

By Rihem Akkouche

In a courtroom drama reminiscent of a Hollywood blockbuster, former A-list attorney Tom Girardi finds himself in the spotlight again, but this time not for defending a celebrity client. Instead, he faces questions of his own mental fitness to stand trial over charges of stealing a staggering amount from his firm’s clientele.

Girardi Fraud Case: Judge’s Latest Verdict

U.S. District Judge Josephine Staton, who seems to have become Girardi’s biggest courtroom adversary in this saga, ruled that he must appear in a Los Angeles court on Aug. 23. Echoing a crescendo in a thriller, this order comes on the heels of Girardi’s failed attempt to postpone the hearing, and the judge dismissing one of his key expert witnesses, pushing the narrative closer to its climax.

Girardi Fraud Case:  A Battle of Claims

Amidst the mounting tension, Girardi’s defense team paints a poignant image: an 84-year-old disbarred lawyer, battling Alzheimer’s, unfit for the pressures of a trial. Yet, prosecutors aren’t buying the emotional subplot. They argue he’s feigning his condition to dodge the limelight of what’s being touted as one of California’s most infamous legal debacles.

Girardi Fraud Case : Alzheimer’s & Conservatorship

It’s a plot twist that could be straight out of a script – Girardi, diagnosed with Alzheimer’s, was placed under the conservatorship of his brother, Robert Girardi, in 2021. This happened right after the dramatic crumble of Girardi Keese. Subsequent acts saw federal grand juries from Los Angeles to Chicago indicting him with 13 counts of wire fraud and four instances of criminal contempt.

The Trial Before the Trial

Before the main act can commence, Judge Staton is set to assess evidence concerning Girardi’s mental capacity. The climax of this prelude? Determining whether Girardi can grasp the gravity of the allegations against him and play an active role in his defense. Should he be deemed incompetent, the entire case could take an unexpected detour, potentially impeding the government’s quest for justice.

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Girardi Fraud Case: Ex-Celebrity Attorney’s Mental Competence Challenged in Court

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Tom Girardi

State Bar casts doubts on Girardi’s Alzheimer’s diagnosis, suggests charges are coming

State Bar lawyers say they are poised to file disciplinary charges against Tom Girardi, shown here with his estranged wife, “The Real Housewives of Beverly Hills” star Erika Jayne.

(Bravo)

 By Harriet Ryan, Matt Hamilton

The State Bar of California cast doubt Friday on troubled lawyer Tom Girardi’s diagnosis of Alzheimer’s disease, suggesting it was a possible case of malingering and likely igniting a battle over his mental competency.

Lawyers for the bar raised the questions in a Superior Court filing that also revealed the agency is preparing to move against Girardi’s license. The bar regulates attorneys in California.

Bar investigations and disciplinary proceedings are normally confidential, but the agency disclosed “imminent” charges against Girardi in an attempt to stave off conservatorship proceedings that would impede its ability to prosecute him.

Girardi’s younger brother is seeking appointment as his permanent legal guardian, with a hearing set for Monday, and has offered as evidence the opinion of a Long Beach psychiatrist who examined the lawyer last month and diagnosed him with “Alzheimer’s disease with late onset.” The psychiatrist said Girardi has short-term memory loss, delusions and “severely disorganized thinking.”

An attorney for Girardi’s temporary conservator, Nicholas Van Brunt, said, “No comment to make, except that we will be responding to the filing.” The Long Beach psychiatrist, Nathan Lavid, did not return messages seeking comment.

James J. Chang, a bar attorney, questioned the legitimacy of the conservatorship proceedings as coming “under highly unusual circumstances” and “only after [Girardi] became enmeshed in mounting legal troubles and as he is facing imminent State Bar discipline.”

He wrote that facts “belie allegations that Girardi is now incapable of caring for himself,” noting that the lawyer had speaking engagements until late November. The bar’s top prosecutor, interim chief trial counsel Melanie Lawrence, listed two appearances Girardi made last fall, including a Nov. 21 event for the Consumer Attorneys of California.

“Mr. Girardi moderated a 1.5-hour long continuing legal education panel discussion ... regarding how to conduct a jury trial and engaged conversantly with the four other attorney panelists,” Lawrence wrote.

The bar lawyers urged the judge overseeing the conservatorship case, Daniel Juarez, to order an independent examination of Girardi by a neuropsychologist.

Girardi’s firm, Girardi Keese, imploded in December after evidence emerged that he had misappropriated millions of dollars in client settlement money. A federal judge referred him for criminal investigation, and creditors subsequently forced him into bankruptcy.

The turn of events stunned the legal community, where Girardi was among the nation’s most renowned and well-connected civil lawyers. Many outside the law knew him as the real-life attorney from the film “Erin Brockovich” and from his appearances on “The Real Housewives of Beverly Hills” alongside his wife, pop singer Erika Jayne.

A Times investigation found that Girardi maintained a spotless record with the bar for decades despite more than 100 suits against him and his firm, including numerous claims of legal malpractice and misappropriation of funds. Girardi cultivated close relationships with bar officials, the newspaper found.

The bar on March 5 notified Girardi that it planned disciplinary action against him. In its filing Friday, the bar said the charges against Girardi alleged that “he has willfully misappropriated client funds and refused to obey a court order.”

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State Bar casts doubts on Girardi’s Alzheimer’s diagnosis, suggests charges are coming  

 

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Judge's family in turmoil after her Alzheimer's diagnosis

HOUSTON, Texas (KTRK) -- Should a Court of Appeals Justice remain on the job after an Alzheimer's diagnosis?

That is the question at the heart of a family saga involving the mayor of West University Place and his entire family.

When you walk into the stately First Court of Appeals courthouse in downtown Houston, Justice Laura Higley's smiling face is displayed along with the other justices.

At the city hall of West University Place, her husband Bob Higley's picture is also on display, as its current mayor.

However, it's the court filings in Harris County Probate Court 2 that paints the picture behind the smiling images.

"It's a sad, sad case on so many levels," said Sally McCandless, a West U resident for more than 43 years.

Like many, she was surprised to learn through news reports that Higley's sons have filed an application for permanent guardianship.

In these court filings, the adult sons contend that the judge has Alzheimer's.

In addition, "due to the recent (and rapid) progression of her Alzheimer's disease, Justice Higley's mental state has deteriorated to the point that she is no longer able to care for her own physical health or her own financial affairs ... Justice Higley is mentally 'in the moment' only, meaning that Justice Higley can carry on brief conversations and exchange simple pleasantries."

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The sons also accuse their own father, Mayor Bob Higley, as having "acted as a malevolent enabler in that he has encouraged Justice Higley not to resign or retire from serving as Justice in the First Court of Appeals."

"He's the mayor of West University, but obviously the sons feel like he has not done what he's supposed to do," said McCandless. "She should not be in that position. She needs to have proper care, and it must be very difficult for those sons to say, 'We have to take action.'"

Neither the mayor nor the judge were available for comment at their West U home.

The chief justice for the First Court of Appeals, Sherry Radack, did not return ABC13's calls for comment, and neither did the sons.

When ABC13 inquired at the court about the cases Justice Higley was reviewing, we were told she has not been assigned any cases for November, and it's unknown if any additional cases will be assigned to her.

The State Commission on Judicial Conduct would not say whether any complaints have been filed against the judge, citing their rules for privacy.

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Judge's family in turmoil after her Alzheimer's diagnosis