Not a Good Week to be [allegedly] Unethical

Update: Now with 9th Circuit memorandum opinion.



While we were [redacted] in [redacted] last week, things took a bad turn for attorney Noel Gage. The Ninth Circuit reversed Judge Quackenbush's ruling and reinstated the prosecution of Mr. Gage [pictured left with a ridiculous tie] and medical consultant Howard Awand.



The Ninth Circuit reversed Quckenbush's ruling that the government had to offer immunity to suspected crook doctor Mark Kabins so that he might testify for the defense without suffering any consequences. (RJ)

The Ninth Circuit's decision comprised only eight terse lines. The Ninth Circuit wrote:

Due process compels use immunity only for defense witnesses who will offer testimony that directly contradicts the testimony of a government witness who has been given use immunity. See e.g., U.S. v. Straub, 538 F.3d 1147, 1161-62 (9th Cir. 2008); U.S. v. Alvarez, 358 F.3d 1194, 1216 (9th Cir. 2004). Direct contradiction means more than just differnet subjective interpretations of the same facts. Because Dr. Kabins would not have directly contradicted a government witness who received use immunity, the indictment must be reinstated.

If you were Gage, you might be worried that without Kabins to back up your story [since Kabins is currently being prosecuted himself] that a client's unnecessary spinal surgery isn't just really, really rewarding to her attorney ($$$), it is possibly helpful to the injured client too! But that worry would be misplaced because Noel Gage is "happy" to have the chance to vindicate himself, saying "when my acquittal comes this time around, there will be reason for a second victory party," said Gage. (RJ) For all the plaintiff's attorneys potentially implicated if Gage and Awand go down, you better hope that cockiness and puffery negates criminal intent.

Meanwhile, up in Reno, disbarred Nevada attorney Lawrence Davidson skipped out on his federal fraud and money laundering trial. (RGJ) Davidson (Nevada State Bar info), in case you were curious, Davidson is a former med mal and PI attorney from Las Vegas who was [allegedly] siphoning his client funds into his personal accounts. He's also been accused of bribing a member of the Clark County Commission for a zoning favor. (RGJ)

And southern Nevada attorneys made it three for three this week when the State Bar suspended Henderson attorney Alex Ghibaudo pending an investigation into alleged unethical conduct. Ghibaudo is accused of repeatedly abandoning clients, failing to provide an accounting of funds received from clients and making several unprofessional and demeaning telephone calls to other counsel. (RJ) Ghibaudo apparently also dodged calls from Bar counsel. [Note to attorneys—when under investigation, probably best to return Bar counsel’s communications]

By the way, while the recently admitted Mr. Ghibaudo (2007) was suspended pending the investigation, the state bar has not suspended any plaintiff's attorney tied into the medical mafia from the practice of law in Nevada. (Nevada State Bar page for Gage).