In the Matter of Lais
The Review Department increased discipline to a two-year actual suspension after finding an attorney filed a patently frivolous appeal, misled courts, lied to law enforcement officers, and engaged in bad faith litigation conduct.
Facts
Ronald E. Lais, a certified family law specialist, engaged in misconduct across three separate matters arising from contentious family law litigation.
First, in the Walker matter, Lais filed an appeal challenging issues that had already been conclusively resolved by a prior appellate decision. The Court of Appeal found the appeal to be frivolous, pursued in bad faith, and completely devoid of merit.
Second, in the Van Essen custody dispute, Lais accompanied his client to Minnesota in an attempt to retrieve her children in violation of an existing custody order. During the incident, he falsely told law enforcement officers that his client held lawful custody rights.
Third, in a Riverside civil action, Lais filed a complaint that omitted key judicial findings previously made in a related family law case, thereby misleading the court regarding material facts.
Charges & Violations
- Business & Professions Code §6068(c) — Filing unjust and frivolous litigation
- §6068(d) — Misleading courts and failing to employ truthful means
- §6106 — Moral turpitude through dishonesty and deceit
Court’s Analysis
The Review Department held that the appellate court’s determination that the Walker appeal was frivolous constituted strong prima facie evidence of misconduct. Because such findings require an extremely high standard, the court concluded clear and convincing evidence supported discipline.
In the custody matter, the court found that Lais knowingly assisted his client in violating a court order and engaged in deceit by misrepresenting the custody status to law enforcement officers.
The Riverside litigation misconduct further demonstrated intentional efforts to mislead a court by omitting material facts previously determined in another proceeding.
The court emphasized that Lais’s extensive experience and specialization in family law aggravated the misconduct because he clearly understood the governing legal standards.
Aggravation & Mitigation
Aggravation
- Multiple acts of misconduct
- Dishonesty toward courts and law enforcement
- Lack of remorse and insight
- Prior discipline
Mitigation
- Long career
- Extensive community and pro bono work
Sanctions Table
| Violation | Conduct | Authority | Impact |
|---|---|---|---|
| Frivolous Appeal | Relitigating settled issues | §6068(c) | Primary discipline basis |
| Dishonesty | Misleading police and courts | §6106 | Moral turpitude |
| Misleading Pleadings | Omitting material facts | §6068(d) | Additional misconduct |
Outcome
The Review Department increased the discipline recommended by the hearing judge and imposed a three-year stayed suspension with a two-year actual suspension, continuing until the attorney demonstrated rehabilitation and fitness to practice.