In Re Sergio C. Garcia (2014) 58 Cal 4th 440
Jan 02, 2014OUTCOME: Won
First case admitting an undocumented immigrant to the practice of law anywhere in the USA
Ethics and professional responsibility Lawyer
Practice Areas: Ethics & Professional Responsibility
OUTCOME: Won
First case admitting an undocumented immigrant to the practice of law anywhere in the USA
OUTCOME: Ultimately, Petitioner reinstated to practice law
Petitioner resigned with charges pending while an active alcoholic. Petition for reinstatement granted in 2004 hearing, reversed by Review Department (appellate body) in the cited case in 2006. But ... Wait... Another Petition was filed in 2007. Mr. Fishkin tried the case again in 2008, and won that hearing too. The Supreme Court reinstated Mr. Bellicini in October 2008. And then... Mr. Bellicini is now an associate at Fishkin & Slatter LLP.
OUTCOME: Quantum Meruit upheld; fee forfeiture denied.
Contingency attorneys did not obtain written client consent to fee sharing. Attorney with the money claimed the other attorney should not be able to maintain suit due to failure to comply with the Ru ... le of Professional Conduct. Other attorney argued that he should get agreed upon share. As attorney for ADDC, Amicus Curiae, Mr. Fishkin argued that each attorney should get quantum meruit. Supreme Court ruled 7-0 for quantum meruit.
OUTCOME: Reversed conviction for refusing the draft
Mark presented a medical letter that could indicate a right to deferment for medical reasons. The induction station refused to consider it. Held, the letter presented a prima facie case for deferment ... , so the military had a duty to give him an appropriate medical exam.