In the Matter of Fahy: Case Summary

Facts: Attorney Francis T. Fahy served as a juror in a civil medical negligence trial. With the jury deadlocked, and to avoid prolonging the trial and impacting his law practice, Fahy changed his vote to favor the defense, despite believing the defendant was liable. He misrepresented to the trial judge that his vote was based on the evidence and court instructions.

Issue(s): Did Fahy’s actions as a juror constitute professional misconduct? Specifically, did he violate his duty to uphold the law and engage in conduct involving moral turpitude?

Rules Broken: The State Bar Court found Fahy violated:

• California Business and Professions Code Section 6068(a): Failing to uphold the law by violating his duties as a juror.
• California Business and Professions Code Section 6106: Committing an act of moral turpitude by misrepresenting his reasons for his vote to the trial judge.

Defenses (if any): Fahy argued procedural errors and claimed his declaration (admitting his misconduct) was inaccurate, suggesting his signature was forged or he was tricked into signing it. He also argued that he was immune from prosecution because his statements as a juror were protected by free speech.

Outcome: The State Bar Court recommended, and the Review Department upheld, disbarment. This was influenced by the seriousness of Fahy’s misconduct, his lack of recognition of the impropriety of his actions, and a prior record of discipline for misappropriation of client funds. The court emphasized the need to protect the public and the legal profession from those unwilling to discharge their duties ethically.