State Bar requests jurisdiction over Frank Carson’s office

The State Bar of California filed an application on Thursday to assume jurisdiction over the law practice of local defense attorney and murder suspect Frank Carson.

“Carson is incarcerated and has become incapable of devoting the time and attention to, and providing the quality of service for his law practice that is necessary to protect the interest of (his) clients,” the lawsuit reads. It asserts that Carson’s clients could be harmed if action isn’t taken.

Carson is charged with murder, conspiracy to obstruct justice and perjury. He is among nine defendants charged in Korey Kauffman’s death.

He is representing 71 clients in Stanislaus County, including a murder suspect whose trial was supposed to start this week.

The State Bar is requesting the court allow it to enter Carson’s downtown office on 15th Street, if necessary accompanied by law enforcement and a locksmith, to obtain files and records related to pending matters, according to the document.

The organization would notify all clients if it took over the practice, advise them to obtain different legal counsel and file necessary motions on their behalf.

The State Bar seeks to freeze client trust accounts in Carson’s name and deposit any checks issued to Carson into those frozen accounts.

Carson retained the services of two local colleagues, according to the lawsuit, but “it is unknown whether the clients have consented to the alternate counsel arranged by Frank Carson.”

Attorneys “Ryan Roth and John Hillenbrand will represent Frank Carson’s clients until either this application is granted or the clients consent to the representation,” the document reads.

“We are preparing a response to the State Bar’s petition and are confident we will address the State Bar’s concerns,” Kathleen Ewins, who is one of the attorneys representing Carson in the State Bar matter, said in an email. “As the Bar acknowledges in its petition, two attorneys have been retained to represent Mr. Carson’s clients and protect their interests while he is incarcerated.”

Ewins and Jessica MacGregor are attorneys with the San Francisco-based Long & Levit LLP. They both specialize in the representation of legal professionals.

MacGregor said their response will be filed in about a week. “There is no need for the State Bar to assist Mr. Roth and Mr. Hillenbrand,” she said in an email.

The State Bar suggests Carson’s clients might suffer “substantial injury” if the court is delayed in making a decision.

This story was originally published August 21, 2015 at 2:07 PM with the headline "State Bar requests jurisdiction over Frank Carson’s office."