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, many Lozano Smith
lawyers simply moved to other firms such as
Fagen
Friedman Fulfrost.  Perhaps they thought this was
a better response than taking ethics classes.  They
were probably right.  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 and lawyers in San
Diego education 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
hired lawyers who
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
Escondido's Coach Carter,
CVESD Report
CVESD Reporter
San Diego
Education Report Blog
California Teachers Blog
Role Model Lawyers
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EDUCATION AND
CULTURE WARS
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..."

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