lawyers

A bipartisan package of bills aimed at punishing unethical attorneys and hedge funds that have flourished within California’s legal industry is headed to Gov. Gavin Newsom’s desk.

The two bills would bar lawyers from prioritizing the desires of private investors who fund lawsuits, and ramp up penalties for lawyers who scout for clients at hospitals, jails and accident sites.

Assemblymember Rick Chavez Zbur (D-Los Angeles), one of the bill authors, said the legislation is intended to police the state’s bruised legal profession in response to “a wave of inappropriate attorney conduct” reported by The Times.

Times investigations last year found some clients within L.A. County’s $4-billion sex abuse settlement said they were paid to sue and, in some cases, fabricate claims.

“When attorneys are exploiting vulnerable people, including paying folks to file fraudulent claims, they’re not just breaking the law, they really undermine the credibility of the legal system and every attorney,” Zbur said.

Both bills were sponsored by the Consumer Attorneys of California, a powerful trial lawyer trade group that says it wants to beef up punishment for misconduct.

“If we are going to demand that corporations, government, and powerful institutions be held accountable, we must be — and we are — willing to hold ourselves to that same standard,” Doug Saeltzer, head of the association, said in a statement.

California law already bans a practice known as capping, in which non-attorneys directly solicit or procure clients to sign up for lawsuits with a law firm.

Zbur’s legislation, Assembly Bill 2039, would require that attorneys lose their license if they’re convicted of felony capping or a misdemeanor capping conviction in which they “acted knowingly and for financial gain.” The lawyers could also be fined $25,000 per violation.

The bill also creates whistleblower protections for law firm employees who report misconduct, and would enact new restrictions on loans that attorneys give their clients. California is one of the few states where lawyers can lend money directly to plaintiffs.

Lawyers who use the loans to sway the client’s decision-making around “legal strategy, settlement decisions, or continued representation” can be fined $15,000 per offense.

The second bill aims to bar private investors from influencing a case — for example, telling a lawyer how many clients to take on or when to settle — in lawsuits they fund.

California allows lawyers to take high-interest rate loans from investors, such as private equity firms or hedge funds, who expect to profit from the payout when a case is settled. Critics of this litigation funding claim investors sometimes exert themselves in legal strategy to the detriment of the clients, such as requiring a case to settle prematurely so the law firm can repay the loan faster.

“We don’t want them having any influence in the outcome of a case,” said Assemblyman Ash Kalra (D-San José), who authored AB 2305. “We want the lawyers to be able to represent their clients, and then not have those financial pressures play any role.”

A spokesperson for Newsom’s office said they don’t comment on pending legislation.

Lawyers already are barred under State Bar rules from allowing a third party to dictate case strategy. Kalra has said the goal of the bill is to provide additional “clear statutory safeguards.”

Law firms would also be barred from using money from private investors to market for cases, Kalra said. The State Bar would be tasked with disciplining lawyers that flout the rule.

A Times investigation last year found law firms that have filed thousands of sex abuse claims in California are funded by private investors, meaning an unknown chunk of the $4-billion settlement will go into the pockets of opaque funders.

It’s unclear how violations of the law would come to the attention of the State Bar. Litigation funding agreements are typically private between the funder and the law firm, and clients often don’t know their cases are being funded by private investors.

Jaime Huff, the head of the Civil Justice Assn. of California, which advocates for lawsuit reform on behalf of business interests, said her group — a frequent foe of California trial lawyers — ultimately pulled their support from the bill because they found it toothless.

“I don’t trust the State Bar to tie their own shoes in the morning, much less govern this stuff,” said Huff. “It’s basically gaslighting the public into thinking, ‘Yes, they’ve done something.’”

“It’s like the mall cop of self-policing,” she added.

Kalra said the point was to send a blunt message to the state’s legal bar.

“There may be loopholes that folks find in this one, and they have to follow up and close those loopholes,” he said. “But ultimately, it makes a very clear rule as to how that funding can be used. Once that rule is in place, it’s the law. And lawyers have to follow the law.”

No word on jailed Tunisian opposition leader Ghannouchi for 11 days, his son tells Al Jazeera.

The son of jailed Tunisian opposition leader Rached Ghannouchi says his family and lawyers have been unable to see or contact the 85-year-old for 11 days since he was hospitalised after collapsing in prison.

In an interview with Al Jazeera on Monday, Moadh Ghannouchi said the last time lawyers saw his father was days before he temporarily lost consciousness on July 17, and that requests to visit him in hospital, including one submitted to the public prosecutor, had been refused, leaving the family with no confirmation of his whereabouts or condition.

“It is like a situation of enforced disappearance,” he said.

Ghannouchi said his father, who has high blood pressure and difficulty breathing, had been left exposed to a severe heatwave in a prison with no air conditioning.

“We hold the authorities fully responsible for his condition,” he said, alleging that his father’s confinement in a stiflingly hot prison was intended to worsen his health.

“It was not enough to imprison him – they want to torment him further,” Moadh told Al Jazeera.

“This is stressful for us and certainly for him as well because he’s used to always having a number of visits every week from lawyers and from family – so it has been 11 days cut off from everything, from every visit, from everyone.”

Ghannouchi said conflicting rumours had spread on social media, with some placing his father at the Rabta public hospital in Tunis, others at a military hospital, and some claiming he had suffered a heart attack. But the family has received no official information, he said, with the authorities refusing to communicate.

In a statement on his official Facebook page on Monday, Ghannouchi’s defence team demanded information on his condition. An Ennahda party spokesperson told Al Jazeera that it did not know which hospital he is in or his state of health.

The former speaker of parliament and most prominent figure detained in President Kais Saied’s crackdown on opponents has been jailed since April 2023 after receiving a life sentence that his supporters say was politically motivated. Saied’s government denies that prosecutions of opponents are politically driven.

Rached Ghannouchi lost consciousness last week as temperatures inside Mornaguia prison climbed, according to Haifa Chebbi, daughter of another imprisoned opposition figure. She said she witnessed the incident and that the temperature reached 52C (126F). His lawyers said on Thursday that his condition was “critical.”

The UN Working Group on Arbitrary Detention previously found that Ghannouchi’s detention was arbitrary and called for his immediate release, a ruling his son said authorities ignored.

On Sunday, the National Salvation Front, a broad opposition coalition, urged the authorities to issue an immediate statement on his health and Amnesty International called for the protection of prisoners during the heatwave.

A BON Jovi tribute singer has been forced to change his name from One Jovi after a legal threat from the rockers’ lawyers.

Andy Hearn, 53, trademarked the jokey moniker after other performers tried to copy it.

But he then got a cease-and-desist letter from the ’80s hitmakers, named after lead singer Jon Bon Jovi, saying the tag was too similar.

Engineering fitter Andy, of Rotherham, South Yorks, has been in the band for six years but was worried about the costs of tackling the Livin’ On A Prayer stars in court.

He said: “I was disappointed a multi-billion-pound company would be bothered about someone doing pubs and clubs for a few pennies.

“I said, ‘If you think I’m a threat, then thank you — it’s a compliment’.”

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Andy said they claimed a tribute band name had to be at least 20 per cent different.

He said the exchange took place around three years ago and was resolved after several emails.

Andy was allowed to keep rocking Bon Jovi classics with his band – and at solo shows – under the ‘One Jovi’ name.

But he now releases his own songs under the tweaked moniker ‘Mr One Jovi’.

Andy insists it has not soured his love for the band, whose music he first discovered as a teenager.

He said: “It didn’t affect the way I feel about them.

“I remember listening to them when I was 14 and just absolutely loving it.”

Andy is now stepping out of Jon Bon Jovi’s shadow and chasing chart success with original music of his own.

Bon Jovi have been contacted for comment.

The government of Daniel Ortega and Rosario Murillo has been accused of human rights abuses against critics.

Nicaragua’s government has stripped masses of lawyers of their licences to practise, in what critics see as yet another attack on the country’s critics.

On Friday, a United Nations expert called the government’s actions a “purge of the legal profession”, aimed at eroding the country’s final shreds of democratic checks and balances.

Nicaragua’s husband-wife co-presidents, Daniel Ortega and Rosario Murillo, have led a government that has increasingly carried out an all-out crackdown on dissent.

That effort intensified after mass social protests in 2018 that the government violently repressed.

Since then, the government has imprisoned adversaries, religious leaders, journalists and others, forcing thousands to flee the country. It has also stripped hundreds of their Nicaraguan citizenship and possessions.

Since 2018, it has also shut down more than 5,000 nongovernmental organisations, largely religious groups, but also local rotary clubs and scouting organisations.

In recent days, lawyers noticed that their licences to practise law in Nicaragua were removed without explanation from the Supreme Court of Justice’s registry, according to Reed Brody, an American human rights lawyer and member of a UN panel of experts on the Central American country.

Other lawyers also confirmed their certifications were revoked.

There was no official notification by the government, and Nicaragua’s government did not respond to a request for comment by The Associated Press news agency.

Brody said the full scope of the revocation was not immediately clear, but it “would certainly appear to be at least hundreds, if not thousands of lawyers” who were affected.

“This follows the pattern that we’ve been seeing for years. First, they closed the NGOs, the universities, the independent media. You know, they’ve gone after the churches, and now it seems the legal profession,” Brody said. “Anyone who might stand between the government and citizens.”

Brody said he knew of at least 20 lawyers who had been affected.

Juan Diego Barberena, a lawyer and human rights defender exiled in Costa Rica since 2022, was among those stripped of his official certification and said he knew of at least 25 more colleagues like him.

On Thursday, Barberena tried to access his legal accreditation on the government’s database and said his name and licence number were wiped clean from the system.

“This is a means of exercising totalitarian control over the legal profession,” Barberena said. “This means that the dictatorship can decide who gets to practise and who doesn’t.”

The move echoes other steps the government has taken in recent years.

Many Nicaraguan exiles who were stripped of their citizenship and rendered “stateless” have reported similar stories. They or their family members would search for their birth certificates and other legal documents in official databases, only to be told they do not exist.

But Barberena and Brody said the move this week by authorities went a step further, noting that those erased from the system were not just dissenters. Some were simply Nicaraguans living abroad.

Others practised criminal or family law that didn’t touch on politics, while some were government sympathisers, Barberena said.

Brody framed it as a move to whittle away at any last remaining shred of independence in a judicial system already firmly under control of Ortega and Murillo.

“On one hand, it’s an arbitrary measure to punish political dissent,” Barberena said. “On the other, it’s the dictatorship looking medium-term and wanting to prevent lawyers, experts and academics from participating in the future of the country’s institutions.”

PROVO, Utah — Lawyers for the man accused of killing conservative activist Charlie Kirk planned to call a final witness Friday as they try to raise doubts about the prosecution’s case before it can go to trial.

A Utah judge is deciding whether prosecutors have enough evidence to put Tyler Robinson on trial on a charge of aggravated murder. Kirk, 31, was killed as he spoke to a crowd of thousands at Utah Valley University on Sept. 10.

One of Robinson’s attorneys, Michael Burt, tried to inject uncertainty into the case Thursday by challenging the reliability of ballistics tests on a bullet fragment recovered from Kirk’s body.

Authorities sought to tie the fragment to the suspected murder weapon, but the results were inconclusive.

“Saying anything but inconclusive was inappropriate,” said Samantha Karner with the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Earlier in the week, Robinson’s team questioned the reliability of DNA evidence that investigators said linked Robinson to the scene. Experts say the science behind DNA testing is sound.

Robinson has not entered a plea. He turned himself in a day after the fatal shooting of Kirk, a close ally of President Trump credited with helping galvanize young voters for the Republican in the 2024 election.

At the request of Kirk’s family, State District Judge Tony Graf said he would allow to be shown inside the courtroom an altered version of campus surveillance video that prosecutors said shows Robinson crawling out to a rooftop “sniper’s perch” before shooting Kirk.

The unaltered video was previously shown. The altered version includes footage that zooms in on a figure that prosecutors said was Robinson and red marks that were added to the video.

The weeklong preliminary hearing ends Friday, but a decision won’t come until after Sept. 1, when Graf scheduled oral arguments in the matter.

Prosecutors on Thursday aired portions of a recorded interview with Robinson’s roommate, Lance Twiggs. The day after Kirk was shot in the neck, Robinson allegedly told Twiggs “he wishes he hadn’t done it,” a recording played in court revealed.

Later that same day — and only about an hour before turning himself in — Robinson posted “it was me at UVU yesterday,” in a chat room on the Discord social media platform, according to investigators and messages shown by prosecutors.

Defense attorneys unsuccessfully fought the public release of the statements from Twiggs and the chat room messages. They argued prosecutors would characterize the material as a confession, undermining Robinson’s right to a fair trial.

Prosecutors contend the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law. Robinson also faces possible sentence enhancements based on claims by prosecutors that he targeted Kirk because of his political views.

Twiggs said in the April interview with prosecutors and investigators that Robinson sometimes talked about politics, including Trump. But Twiggs said he never heard Robinson talk about Kirk before the shooting. The defendant also did not talk much about gender issues or LGBTQ rights, Twiggs said.

The weeklong preliminary hearing has attracted intense media coverage and spectators who have angled for one of the 14 seats in the courtroom that are reserved for the public.

People have lined up early — sometimes sleeping there overnight — in hopes of getting in.

Schoenbaum and Brown write for the Associated Press. Brown reported from Billings, Montana.

Paula Corbin Jones’ lawyers asked a judge in Little Rock, Ark., to order President Clinton to pay nearly $500,000 in legal reimbursements after he was found in contempt of court in her sexual harassment case. Their proposal came a month after U.S. District Judge Susan Webber Wright found Clinton in contempt for giving intentionally false testimony about his relationship with Monica S. Lewinsky. Wright ordered Clinton to pay Jones’ lawyers any expenses they incurred as a result of his false testimony. In a letter to Wright, Clinton lawyer Robert S. Bennett said Clinton will “object to the amount of the claim by Ms. Jones’ attorneys.”

WASHINGTON — The Supreme Court on Wednesday struck down part of a historic California law inspired by Cesar Chavez and the farm workers union, ruling that agricultural landowners and food processors have a right to keep union organizers off their property.

The justices by a 6-3 vote said the state’s “right of access” rule violates property rights protected by the Constitution, which states private property shall not be “taken for public use without just compensation.”

Writing for the court, Chief Justice John G. Roberts Jr. said “the access regulation is not germane to any benefit provided to agricultural employers or any risk posed to the public…The access regulation grants labor organizations a right to invade the growers’ property. It therefore constitutes a per se physical taking,” he wrote in Cedar Point Nursery vs. Hassid.

He cited as precedents a pair of California cases. One ruled for the owner of a beachfront home in Ventura who objected to giving the public access to the shore and a second from 2015 which ruled for a grape grower from Fresno who objected to giving his grapes to a government-sponsored cooperative.

“The upshot of this line of precedent is that government-authorized invasions of property — whether by plane, boat, cable, or beachcomber — are physical takings requiring just compensation,” Roberts said.

The three liberal justices dissented. They described the rule as a regulation, not a taking of property.

The California Legislature in 1975 became the first in the nation to extend collective bargaining rights to farm workers. Months later, a new agricultural labor board adopted the “right of access” rule to allow organizers to seek out those who were working on farmland.

Earlier this year, the state’s lawyers said the rule was still needed because farm laborers often worked in remote areas and were not fully aware of their rights to join a union.

It has come under attack in recent years by agribusinesses that have called it a “union trespassing” rule that violates their property rights.

A lawyer for the Pacific Legal Foundation, which represented the farm owners, cheered the ruling as “a huge victory for property rights.” It “affirms that one of the most fundamental aspects of property is the right to decide who can and can’t access your property,” said Joshua Thompson, a senior attorney for the group, based in Arlington, Va..

Karla Walter, a director of employment policy for the liberal Center for American Progress, called it a major setback for union organizing.

“Today the Supreme Court’s conservative majority overturned nearly a half-century of progress for California’s farm workers, who have struggled to exercise their right to bargain for decent wages and to protect their health and safety,” she said. “Reaching farm workers — the overwhelming majority of whom are Latinx and migrant workers — where they work is critical to protecting their rights and interests.”

The case decided Wednesday began in 2015. The owners of the Fowler Packing Co. in Fresno, which produces grapes and citrus fruit, refused to allow union organizers onto their property.

A few months later, union organizers entered a strawberry packing plant near the Oregon border and disrupted the work, according to Mike Fahner, owner of the Cedar Point Nursery.

The two companies then joined in a lawsuit seeking to have the California union access regulation declared unconstitutional. They lost before a federal judge and the 9th Circuit Court of Appeals in San Francisco, but the Supreme Court voted to hear their appeal.

Lawyers for the Pacific Legal Foundation representing the farm owners argued the Constitution “forbids the government from requiring you to allow unwanted strangers on to your property.”

In defense of the rule, California officials called it a temporary regulation of property, not a taking of the grower’s land. Union organizers may enter a farm for one hour before the start of the workday or for an hour at the end of the day.

The state’s lawyers said the rule is similar to federal and state laws that allow meat and poultry inspectors to go into packing plants or health and safety inspectors to visit warehouses, manufacturing plants or construction sites.

New surveillance footage and other evidence from Southern California Edison confirms that a century-old, idle transmission line that the utility failed to remove ignited last year’s deadly Eaton wildfire, lawyers for insurers said in a court filing.

Video obtained from a surveillance camera at Gerrish Swim & Tennis Club in Pasadena shows two bright flashes occurring in the location of the tower holding the idle line at 6:11 p.m. on Jan. 7, 2025.

The flashes correspond to the time that Edison recorded two faults, three seconds apart, on another transmission line more than five miles away, the lawyers said in the filing, citing new data provided by the utility.

Soon after the faults, residents nearby recorded videos of a fire burning at the base of the tower, which is known as M16T1.

“Southern California Edison has spent the last sixteen months attempting to forestall the inevitable legal consequences of razing a large swath of the communities of Altadena and Pasadena to the ground,” the lawyers wrote in the filing.

“The Eaton Fire could not have occurred if SCE had simply disassembled and removed Structure M16T1,” the lawyers added.

The lawyers filing the May 18 motion represent property insurers that paid tens of millions of dollars to residents who lost their homes. Their motion asks the judge to order a judgment in the insurers’ favor that would make Edison liable for the damage under inverse condemnation, a legal doctrine in the state constitution.

Courts have ruled that the doctrine requires private utilities such as Edison to pay for property they destroy, even if they haven’t been found to have acted negligently.

Kathleen Dunleavy, a spokeswoman for Edison, said the company did not learn about the existence of the swim club video until the lawyers submitted it in court with their filing.

“It’s very disappointing and inappropriate that this video was not produced in discovery,” she said. “We hope that video has been turned over to the appropriate authorities.”

Dunleavy said the company believes the lawyers’ motion “is wrong on the facts and the law.”

“We’ll respond more fully in our own court filing,” she said.

Attorneys for the insurers did not respond to requests for comment.

In a February 2025 letter to state regulators, Edison said it had detected a single fault on a line more than five miles away from Altadena about 6:11 p.m. on the night the fire ignited. It said the fault caused a brief surge of electricity on its four live transmission lines in Eaton Canyon.

The company said in the letter that it was looking into whether the power surge could have caused electricity to jump to the idle line that runs parallel to the live wires through a process called induction.

Pedro Pizarro, chief executive of Edison International, later said that a leading theory of the fire’s ignition was that the idle line became energized briefly through induction, sparking the fire.

At the same time, the company has not accepted blame for the fire, saying repeatedly that its own confidential investigation into the cause, as well as a separate inquiry by Los Angeles County and state fire officials, is continuing.

According to the court filing, evidence obtained by the lawyers shows that the company stopped using the transmission line in 1971 and designated it as “out-of-service.”

“The declaration of Out of Service shall only be used when the line … or piece of equipment is expected to remain permanently out of service,” Edison stated in an internal document known as a system operating bulletin, according to the filing.

Edison executives told The Times last year that they left the line in place because they believed it might be needed in the future.

“We have these inactive lines still available because there is a reasonable chance we’re going to use them in the future,” Shinjini Menon, Edison’s senior vice president of system planning and engineering, said then.

Dunleavy said Friday that the idle lines are kept in place for a variety of reasons, including to preserve the right of way Edison had obtained to construct them and to support future needs for more electricity as the state aims to meet its clean energy goals.

Last year, The Times reported that state regulators, knowing old electric lines posed hazards, proposed a rule in 2001 that would have forced Edison and other utilities to remove idle lines unless they could prove they would use them in the future.

Under pressure from Edison and the other companies, the rule was weakened to allow utilities to keep the unused lines in place until executives decided they were “permanently abandoned.”

In their May 18 filing, the lawyers said Edison executives had known about the risk of induction for more than 100 years. They cited a 1923 contract between Edison and Pacific Electric Railway Co. that said that “leakage of electricity or induction from or between” conductors was an inherent risk of operating multiple electrical circuits in proximity.

“That’s why SCE grounds idle lines and inspects them,” Dunleavy said of the risk.

Copies of Edison’s fault records from that night, its operating bulletin and thousands of other documents, including depositions, are sealed from public view under a protective order that Edison and lawyers for the victims asked the judge to approve last year.

The L.A. County district attorney is investigating whether Edison should be criminally prosecuted for its actions in the fire, the company said in an investor filing this year.

The fire killed at least 19 people and left thousands of families homeless.

A hearing on the lawyers’ motion is scheduled for Aug. 11 in L.A. County Superior Court.

Edison has offered to compensate victims of the fire who give up their right to sue the utility.

The company said last week that it had so far received more than 3,500 claims from about 10,000 people. It said it had extended nearly 1,900 offers to those people, totaling more than $650 million.

Many victims have refused the offers, saying they don’t fully cover their losses from the devastating blaze.

Edison has told its investors it expects to actually pay little or nothing for the fire because of a 2019 state law. The company anticipates that it will be reimbursed for its payments to victims by a $21-billion fund created by the law known as
Assembly Bill 1054.

The law shields utilities from the damages of fires sparked by their equipment as long as they follow certain requirements, including submitting a plan to state regulators for reducing the risk that their equipment sparks fires. Regulators review the plan and track whether the utilities are making progress in reducing the fire risk.

Since 2019, Edison has spent billions of dollars on making its lines safer, including by undergrounding them and installing insulated wires. Those costs continue to raise customer electric bills.

In the last 10 years, Edison’s rates increased by 101%, according to an April report by the public advocates office at the California Public Utilities Commission.

Despite the spending, Edison’s electric lines sparked more fires in 2024 than in 2019. The company blamed the increase on erratic weather that created more dried vegetation.