| 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." 1. A culture of misrepresentation and deception exists at Lozano Smith. 2. The firm clearly suffers from a lack of professionalism or a lack of understanding of the law. 3. Many of Lozano Smith'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 Lozano Smith 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? After the Moser decision, some Lozano Smith lawyers led by Howard Fulfrost simply started up a new educational law firm, Fagen Friedman Fulfrost. Perhaps they thought this was a better response than changing their tactics. They were probably right, at least when it comes to creating profit. The insurance companies who write policies for schools clearly prefer lawyers who are part of the culture described in the Moser decision. |
| The wrongdoing by school districts in cases such as those of Mary Anne Weegar, Maura Larkins and others in County school districts could not possibly have happened if the SDCOE-JPA respected and obeyed the law. |
| Education Law Firm Slammed by Federal Judge in Moser Decision |
| Judges and Prosecutors are getting tired of lawyers who violate the law |
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| 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. 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. |
| Lozano Smith education law firm |
| From the Lozano Smith website: "... Our attorneys are routinely asked to speak at all of the major Association of California School Administrators (ACSA) labor and employment conferences, School Employees Association (SEA), California Council of School Attorneys (CCSA), the National School Boards Association (NSBA), and the California School Boards Association (CSBA) as labor and employment experts..." downloaded 09/01/08 |