Foreclosure attorney suspended from law practice
Judge says the Carlsbad attorney can’t distinguish between “zealous advocacy and lawlessness”
By Roger Showley
Thursday, April 28, 2011 at 3:28 p.m.
Carlsbad attorney Michael T. Pines’ license to practice law was suspended Thursday by the State Bar Court, which said his actions actions on behalf of foreclosed homeowners “tarnished the reputation of other attorneys and the legal community as a whole.”
Pines, 59, who earned his law degree at the University of San Diego, was arrested by Simi Valley police for trespassing at a client’s home in Ventura County earlier this year. He claimed the home had been “stolen” by a bank through a faulty foreclosure. Pines readily admits to advising about 70 of his clients to illegally reenter their homes after foreclosure.
State Bar Court Judge Richard Honn found that Pines had “lost his ability to distinguish between zealous advocacy and lawlessness.”
“Legal decisions are to be made by the courts, not the litigants,” Honn said in his ruling. “(Pines’) unwillingness or inability to obey court orders and follow the law of this state has tarnished the reputation of other attorneys and the legal community as a whole.”
The technical decision by Honn was to declare Pines’ license “involuntarily inactive” pending a hearing on disciplinary charges.
“The state bar is very gratified that the court has agreed with us that Pines poses an imminent threat of harm to the public, and therefore has removed him from active practice,” said chief trial counsel Jim Towery. “Lawyers have an obligation to follow the law, not to break it. There are proper ways and improper ways for a lawyer to protect a court order. Taking the law into one’s own hands is an improper way, and will subject the lawyer to discipline.”
Pines said in an interview that he expected the verdict, but plans to continue advising clients but not participate in any break-ins that could result in his arrest.
“I’m giving the same advice I always have, and I will continue to do so,” he said.
Currently, he said, he is working on a case in Carlsbad where an armed guard might be hired to accompany a locksmith and open a house lost to foreclosure by a client. An alternative approach is being proposed by the Carlsbad city attorney, he said.
In the meantime, Pines said he is urging his fellow attorneys to stop paying their dues to the bar association — he has not paid his bill of about $700 — and is working with authorities on what he describes as a conspiracy to implicate him in a murder plot.
Earlier this month, Pines told the Union-Tribune he typically alerts real estate agents and the media about a given foreclosed property.
“And when that doesn’t work, we break in,” he said.
Asked what he would do if he ultimately loses his license, Pines said he could teach, write and advise other lawyers and clients how to deal with questionable foreclosures.
“The only thing I can’t do is to court (on behalf of a client),” he said. “I can stand there and tell another lawyer what to say. They’re not going to stop me from going to court.”
This guy is delusional. Seems to be pretty tough to get any action out of the State Bar. Unfortunately (or fortunately), most of the foreclosure assistant scammers were non-attorneys.
I’m surprised Orly Taitz was never disciplined by the State Bar. She only got monetary sanctions from the Judge(s).
This guy is delusional. Seems to be pretty tough to get any action out of the State Bar. Unfortunately (or fortunately), most of the foreclosure assistant scammers were non-attorneys.
I’m surprised Orly Taitz was never disciplined by the State Bar. She only got monetary sanctions from the Judge(s).
This guy is delusional. Seems to be pretty tough to get any action out of the State Bar. Unfortunately (or fortunately), most of the foreclosure assistant scammers were non-attorneys.
I’m surprised Orly Taitz was never disciplined by the State Bar. She only got monetary sanctions from the Judge(s).
This guy is delusional. Seems to be pretty tough to get any action out of the State Bar. Unfortunately (or fortunately), most of the foreclosure assistant scammers were non-attorneys.
I’m surprised Orly Taitz was never disciplined by the State Bar. She only got monetary sanctions from the Judge(s).
This guy is delusional. Seems to be pretty tough to get any action out of the State Bar. Unfortunately (or fortunately), most of the foreclosure assistant scammers were non-attorneys.
I’m surprised Orly Taitz was never disciplined by the State Bar. She only got monetary sanctions from the Judge(s).
.
