Atty Beirne’s hearing on Feb 27; Trial Atty Wilson will prosecute

1. Balita Media Loves
PinoyWatchDog.com
Atty Beirne‟s hearing on Feb 27; Trial Atty Wilson will prosecute
By Rene Villaroman
with PWD Investigative Team
2/24/2012 1

2. LOS ANGELES – Barring a postponement, Atty James
Beirne‟s hearing for hundreds of charges of contempt of
court for false and misleading advertising will commence
at the Los Angeles Superior Court sala of Judge Soussan
Bruguera on February 27. Lay people and legal observers
are of the opinion that this case has the markings of
“daring” on the part of the accused – bankruptcy and
immigration lawyer Beirne – who had willingly made
advertising claims without regard to observing the law or
deceiving the public.
2/24/2012 2

3. In hindsight, it encapsulates what Balita executive editor proudly enunciated in
interview with PWD as follows: …..”making a mockery of (Philippine) justice,” a
pronouncement that history showed had backfired and landed right in their own
backyard. The Balita executive editor, full of hubris, but short on investigation, was
referring to Atty Joel Bander‟s ability to travel to and from the Philippines despite
an Immigration hold order, which order was the product of his and his patrons‟
influence in currying favor from lower echelons of Philippine bureaucracy.
2/24/2012 3

4. But that brilliant sound bite, unfortunately, has come back, and is now presently
haunting Mr. Beirne because with more than 200 contempt of court violations
arising from a court order by Judge Bruguera handed down in June 2011, recent
history is now showing us who really is making a mockery of (US) justice.
2/24/2012 4

5. Another piece of unsavory news that‟s facing what is already a bleak landscape in
front of Atty Beirne is another reality that‟s already in place. Atty Joel Bander,
counsel for Diosdado and Janet Duldulao, who have accused Beirne of “commiting
fraud and malpractice,” among a number of other charges, after the couple lost
their house in Eagle Rock, California when Beirne, their bankruptcy lawyer, failed to
file bankruptcy petition to save their house from foreclosure. Bander had hired
reputable trial attorney Dennis P. Wilson, as co-counsel. He has a reputation of
being as straight as an arrow. “Atty Wilson; he lives in the court,” quipped Bander.
2/24/2012 5

6. When I interviewed Atty Wilson at his Burbank office, he said, “I‟m a trial attorney,
and I spend quite a bit of time in court; but what‟s fun for me is trying cases,
prosecuting famous cases, criminal defense cases. I also do family law. For me
being in court is fun.” Being a trial lawyer, Wilson says, helps people who a lot of
attorneys do not want to help. “You are doing a public service to people doing
things they shouldn‟t do,” Wilson said. He said that trial attorneys help people by
protecting their rights; helping people who a lot of people do not want to help.”
2/24/2012 6

7. When I asked him about prosecuting Beirne, Wilson opined: “Beirne is
violating court order and doing other things; it just doesn‟t seem right.
Beirne is involved about publishing things about Joel (Bander) that are not
true.”
2/24/2012 7

8. “Trial lawyers are people looking to protect public interest to make sure there‟s a
fair dissemination of information,” Wilson continued. “When Joel indicated there‟s a
public contempt hearing, I wanted to prosecute that,” Wilson said. The 24-year
veteran lawyer said he is not immune to suing other lawyers. “I‟ve sued them for
malpractice and other things,” he revealed. “What‟s interesting is that the person
that is a victim of that attorney, it‟s hard for that person to get another attorney
because a lot of other attorneys do not want to sue other attorneys. That‟s not fair to
the clients. A client should have all the rights as everybody else,” Wilson opined. “If
that attorney has done something wrong, they should have to atone for it.”
2/24/2012 8

9. While the Duldulao lawsuit was awaiting trial in Judge Bruguera‟s sala, Atty Beirne
and his copywriters at Balita Media, reportedly including Luchie Mendoza-Allen and
Anthony Allen, went to work crafting an advertising campaign, which Beirne dubbed
“Setting the Records Straight”. The advertising push began in December 2011, on
the heels of PWD‟‟s series of exposes documenting the many mismanaged cases
that were handled by the Law Office of James Beirne, based on recollections that
were freely given to PWD investigative reporters and researchers.
2/24/2012 9

10. But the ad campaign, far from setting the records straight, delved into more “lies”,
deceptive, confusing and misleading advertising claims, including the use of
testimonies of unnamed persons and known persons without any designations as
to their titles or professions.
At PWD, we began tallying all these “violations” and arrived at a count that in our
best estimate would put Atty Beirne in hock for thousands of dollars in fines or in
jail for several years. Unbeknownst to Atty Beirne and his patrons, their advertising
campaign was making a mockery of justice. Or where they just too daring to go to
the extent of violating a court order?
2/24/2012 10

11. At one point, Atty Joel Bander said to this writer, “I decided that moving for a
Preliminary Injunction was the only way for Mr. Beirne to respect the law.” Bander
filed the motion in court and Beirne stipulated to the order being issued. Beirne is
now facing of thousands of dollars of fines and possible jail time only for false
advertising that came after the issuance of the court order.
Apart from the foregoing lawsuit filed by the Duldulaos against the Law Office of
James Beirne, Atty Beirne, Balita Media and its owners, Luchie Mendoza-Allen and
Anthony Allen, have had a string of infractions extending back to the 1990s, as
follows:
2/24/2012 11

12. * Atty Beirne had been suspended from practicing law by the State Bar of California
as being a part of a credit repair business called “Allen, Beirne & Mendoza” that
advertised in “Weekend Balita” (owned by Balita Media), but that clients never met
with or spoke to Atty Beirne prior to signing Chapter 13 Bankrupcty documents.
That same prior discipline also found that Beirne‟s non-attorney partner, Luchie
Mendoza-Allen, also prepared newspaper columns dispensing legal advice without
being properly supervised.
2/24/2012 12

13. *In late 2008, Diosdado Duldulao saw Atty Beirne‟s advertising in the Weekend
Balita. The advertising included illegal “guarantees that “WE WILL help you keep
your home,” and staments “WE WILL …discharge 2nd Trust Deed if applicable.”
However, these „guarantees‟ violated California Business & Professions Code
Section 6157.2, to not guarantee or warranty any out on a legal matter.
2/24/2012 13

14. *Atty Beirne‟s false advertising is eerily similar to Balita Media‟s false and
misleading advertising campaigns where it claimed an independent circulation
audit proved it had 80,000 copies in circulation, whin in fact it had less than 20,000,
and Balita never even hired the auditing company. Balita also advertised its
circulation after an audit as the largest circulation over Asian Journal, their then
leading competitor, when the exact opposite was in fact true.
At present, it is not known whether the judge will sentence Beirne to jail, and
whether these charges will result in disbarment, meaning that he will no longer be
able to practice law ever again.
2/24/2012 14

15. 2/24/2012 15

16. 2/24/2012 16