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Correction

From: domainremoved <Cary-Andrew>
Date: Fri, 28 Aug 2015 17:59:13 -0500

Please include this full email string and attachment as official
correspondence to Board of Supervisors and city councils - for pubic record.

(There was typo In previous email OCTOBER was meant to be AUGUST)


Respectfully Submitted,
Rev. Cary-Andrew Crittenden | 650-701-3202
---------- Forwarded message ----------
From: "Cary-Andrew Crittenden" <southsfbayarea_at_(domainremoved)
Date: Aug 28, 2015 2:53 PM
Subject: Emails to supervisors prior to 10/24
To: "Justin Beck" <eeetau_at_(domainremoved)
Cc: "Joy Birnie" <joybirnie_at_(domainremoved)
kcritt1937_at_(domainremoved)

The reason that I also notified Amanda Park's supervisor ( Sara McCarthy )
 prior to August 24th was because pursuant to Rule 3-110, supervising
attorneys are responsible for the incompetence of their
subordinate attorneys are required under this rule to
take corrective action ( This is similar to Judge's obligation
pursuant to Canan
3(D)(2), which would also require the judge to hold the supervisor
accountable. (*The same would apply to prosecuting attorney and supervisor
of prosecuting attorneys who were also suppressing exculpatory evidence -
Prime example: the police reports were falsified *)

Rule 3-110 Failing to Act Competently

(A) A member shall not intentionally, recklessly, or repeatedly fail to
perform legal services with competence.

(B) For purposes of this rule, "competence" in any legal service shall mean
to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional,
and physical ability reasonably necessary for the performance of such
service.

(C) If a member does not have sufficient learning and skill when the legal
service is undertaken, the member may nonetheless perform such services
competently by 1) associating with or, where appropriate, professionally
consulting another lawyer reasonably believed to be competent, or 2) by
acquiring sufficient learning and skill before performance is required.


*Discussion:*

*The duties set forth in rule 3-110 include the duty to supervise the work
of subordinate attorney and non-attorney employees or agents.* (See, e.g.,
Waysman v. State Bar (1986) 41 Cal.3d 452; Trousil v. State Bar (1985) 38
Cal.3d 337, 342 [211 Cal.Rptr. 525]; Palomo v. State Bar (1984) 36 Cal.3d
785 [205 Cal.Rptr. 834]; Crane v. State Bar (1981) 30 Cal.3d 117, 122;
Black v. State Bar (1972) 7 Cal.3d 676, 692 [103 Cal.Rptr. 288; 499 P.2d
968]; Vaughn v. State Bar (1972) 6 Cal.3d 847, 857-858 [100 Cal.Rptr. 713;
494 P.2d 1257]; Moore v. State Bar (1964) 62 Cal.2d 74, 81 [41 Cal.Rptr.
161; 396 P.2d 577].)


Received on Fri Aug 28 2015 - 15:58:03 PDT

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