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Lozano, Smith law firm
Lozano Smith lawyers escape to
Fagen Friedman Fulfrost
U.S. District Judge Oliver W. Wanger, in his
2005
sanctions order, ordered all 80 lawyers in
the Lozano Smith law firm to take ethics classes.  
In the Robert Moser case, the judge said that
Elaine Yama and her firm engaged in "repeated
misstatements of the record, frivolous objections
to plaintiff's statement of facts, and repeated
mischaracterizations of the law."

Judge Wanger's words also exactly describe
what has happened in many San Diego cases,
thanks to San Diego County Office of Education-
Joint Powers Authority favoritism toward certain
law firms.  Shamefully, it is a panel of school
superintendents who choose these lawyers.  
Superintendent Terry Ryan of Grossmont Union
High School District has made it clear in board
meetings that he wants only lawyers WHO WILL
MAKE SURE THE SCHOOL DISTRICT WINS, not
one who will advise the district to follow the law.

The federal court found the following
characteristics in the law firm in the Moser case:

1.
A culture of misrepresentation and deception

2. The firm clearly suffers from a lack of
professionalism or a lack of understanding of the
law.  

3. Many of Lozano’s filings cannot be interpreted
as anything other than bad-faith attempts to
mislead the court, obscure the real facts, and to
obstruct and/or harass the plaintiff, either to
wear down the plaintiff or to win a victory that is
clearly unjustified by either the facts or the law.

4. While isolated errors or misstatements might
be excused, given the size of the record, the
sheer volume of misstatements, the only
reasonable inference that can be drawn is that  
lawyers intended to obstruct at every step and
stand education law, as well as labor law, the
penal code, and the constitutions of California
and the United States, on their heads.
After Judge  Wanger's order, Did
Lozano, Smith change its
tactics?

No.  The lawyers involved just went to other law
firms, so they could continue the same practices
without scrutiny.
Education Law Firm Slammed
by Federal Judge
A Few Judges and Prosecutors
are getting tired of lawyers who
violate the law
ACSA Online - Events - Pupil Services and Special
Ed... -
Published on: 1/14/2000    Last Visited: 9/1/2000  

Howard Fulfrost, attorney, Lozano Smith

Acknowledging that school districts may not have the
resources to fulfill their obligations to all children with
disabilities, the Individuals with Disabilities Education
Act permits school districts to use private schools and
agencies as a means of carrying out federal and state
special education mandates.After attending this
workshop, a school administrator will know how to,
among other things :.

Distinguish among the three types of private school
students with disabilities and a school district's
obligations to each under the IDEA and related
California law ;.Develop a policy for serving parentally
placed private school students ;.

http://www.acsa.org/events/Pupil_Svcs_Special_
Ed



This link has been broken by ACSA (Association
of California School Administrators):

Here's the message I got:
"Page Not Found
"The page you are looking for is currently
unavailable."
Howard Fulfrost
Shareholder
Location:          Santa Monica


Howard J. Fulfrost is a shareholder in the Santa Monica
office and co-chair of the firm’s Special Education
Practice Group. Mr. Fulfrost brings to the firm a wealth of
knowledge regarding students with disabilities and
special education. He represents and advises school
districts, county offices of education, and Special
Education Local Plan Areas with regard to all aspects of
special education law. A favored presenter at the firm's
Special Education Legal Consortia, Mr. Fulfrost is
frequently asked to speak throughout the country on a
variety of special education legal topics.

Prior to joining the firm, he was employed as staff
counsel for the Division of Special Education at Los
Angeles Unified School District, the second largest
school district in the nation. In that position, he
represented the District in hundreds of due process
cases and provided ongoing legal support to every level
of District administration in all areas of special education
law. Before law school, he completed his Master of Arts
degree in Developmental Psychology at Teachers
College, Columbia University, and coordinated a
community-based program in two New York City high
schools. As an undergraduate, he was a student teacher
in special education at the in-patient school at UCLA's
Neuropsychiatric Institute. His having been named a
Southern California Rising Star for 2004 and 2005
evidences Mr. Fulfrost’s position as a leading education
attorney in California.

Mr. Fulfrost earned his law degree from the University of
San Francisco School of Law in 1993. He holds a Master
of Arts degree from Columbia University and a Bachelor
of Arts from the University of California, Los Angeles.


Howard Fulfrost
Lozano Smith
2800 28th Street, Suite 240
Santa Monica, CA 90405-6205
Phone: (310) 382-5300
Fax: (310) 382-5310
hfulfrost@lozanosmith.com
After a federal judge ordered
the lawyers at his firm to take
an ethics class, Howard
Fulfrost left Lozano Smith law
firm.  

He apparently is trying to hide
this fact:
Howard Fulfrost's current biography on his
law firm site states:

"Prior to joining the firm, Mr. Fulfrost was an
associate, and then a shareholder, with
another California education
law firm
.  While at that firm, he was co-
chairperson of the Special Education
Practice Group – leading its growth to
California’s largest and most well-
recognized special education practice."  
Here's the bio Mr. Fulfrost posted on the
website of his prior firm, Lozano Smith.  
The original web address was
http://www.lozanosmith.com/attorneyprofile.asp
?aid=64.
This page was cached by
ZoomInfo.
Lying, obstruction cited in sanctions for law firm
Fresno's Lozano Smith, attorney ordered to train in ethics
By Erin Kennedy
The Fresno Bee,
January 18, 2005

U.S. District Court Ruling

Fresno law firm Lozano Smith and its attorney Elaine Yama have been sanctioned by a federal
judge for lying, misrepresenting law and facts, and intentionally dragging out a case involving a
school district and a special education student.

U.S. District Court Judge Oliver Wanger fined the law firm, Yama and Bret Harte Union High
School District in Calaveras County $5,000 each.

He also ordered Yama to take 20 hours of ethics courses and Lozano
Smith to conduct ethics training for all of its attorneys and shareholders.

Lozano Smith is one of the largest education law firms in the state and the main legal
representation for Fresno Unified, Clovis Unified and many other local school districts...
Howard Fulfrost was a
shareholder at
Lozano
Smith
when the firm
billed B
ret Harte Union High
S
chool District $500,000 for a
case that could have been
settled years earlier for $8,000.
Howard Fulfrost: member of the
School Attorney Advisory Board
LRP's Special Education School
Attorneys Conference

Jan. 29 - 31, 2009
San Antonio Marriott Rivercenter
San Antonio, Texas
School Attorney Advisory Board


MELINDA BAIRD, Law Office of Melinda Baird,
Jacksboro, Tenn.

JACK CLARKE, JR., Best, Best & Krieger, Riverside,
Calif.

HOWARD FULFROST, Fagen Friedman &
Fulfrost LLP, Los Angeles

ZVI GREISMANN, Montgomery County Board of Education,
Rockville, Md.

VIOLA LORDI, Wilentz, Goldman & Spitzer P.A., Woodbridge,
N.J.

KATHLEEN MEHFOUD, Reed Smith LLP, Richmond, Va.

GARY RUESCH, Quarles & Brady LLP, Milwaukee, Wis.

JIM WALSH, Walsh, Anderson, Brown, Schulze & Aldridge, P.
C., Austin, Texas

CHARLES WEATHERLY, Weatherly Law Firm, Atlanta, Ga.

JULIE WEATHERLY, Resolutions in Special Education,
Mobile, Ala.

GERALD ZELIN, Drummond Woodsum, Portsmouth, N.H.

..."Once again the conference
covered many relevant aspects
of special ed for the school
attorney. It covered the basics,
introduced concepts and
provided practical practice
pointers for all. Whether you’re
a novice to special education
or an experienced practitioner,
this conference will enlighten
you."

Fred Compton    
Roetzel & Andress, Akron, Ohio    



"This is the most worthwhile
conference I've attended. Every
single presenter provided
specific, helpful advice that I
will use in my practice."

Karen Haase    
Harding & Shultz, Lincoln, Neb.



Who Should Attend

"Registration Criteria
"To encourage open dialogue and discussion,
participation in this conference is limited. Registrants
MUST BE ATTORNEYS who do not currently
represent parties with special education
interests adverse to school districts."



[Maura Larkins' note:  What exactly is it that
participants WOULDN'T SAY if they knew that
someone with opposing interests was present?  
Would they keep certain illegal tricks and tools of the
trade secret?


LPR Publications

Founded in 1977 by Kenneth Kahn, then a
practicing employment law attorney, LRP
Publications has been serving business and
education professionals for more than three
decades. Originally known as Labor Relations
Press, the company first published case
reporters for the legal profession. As the
company expanded into other specialty areas, it
became known as LRP Publications.

Today, LRP publishes two industry-leading
magazines, Human Resource Executive® and
Risk & Insurance®, as well as hundreds of
newsletters, books, videos and case reporters
in the fields of:


•  human resources         
•  federal employment
•  workers' compensation        
•  public employment law
•  disability
•  bankruptcy   
•  education administration and law


Complementing these suites of resources are
dedicated Web sites including Title1admin.com,
EducationDaily.com®, SpecialEdConnection.
com®, cyberFeds.com® and HREOnline.com™.
For a complete list of our resources, visit www.
shoplrp.com.

LRP Publications also provides top-quality
training and professional development in
national conferences and trade shows, plus an
ever-growing offering of live audio
conferences and Webinars...
Another lawyer made the same
jump, but put it a different way:

Legal Office – To assist the District in its
negotiations with the United Educators of
San Francisco (UESF), Laurie Juengert,
recently switched law firms – from
Lozano Smith to Fagen, Friedman &
Fulfrost. New contract, new firm. Fagen
Friedman & Fulfrost LLP - $40,000

General Fund Unrestricted

SA N  FR A N C I S C O  UN I F I E D  SC H O O L  DI
S T R I C T  
A G E N D A
REGULAR MEETING OF THE BOARD OF
EDUCATION
TUESDAY,
FEBRUARY 27, 2007
6:00 P.M.
IRVING G. BREYER BOARD MEETING ROOM
555 FRANKLIN STREET, FIRST FLOOR
SAN FRANCISCO, CALIFORNIA 94102

Board of Education: Mark Sanchez - President Kim-
Shree Maufas Norman Yee – Vice President Hydra
B. Mendoza Jane KimJill WynnsEric Mar, Esq.
Student Delegates to the Board of Education: Diana
Suen Lea Elliott Interim Superintendent of Schools:
Gwen Chan
Escape from Lozano
Smith
Federal Court sanctions order against Lozano Smith in
Moser Case in Bret Harte School District in Fresno