Enclosed below are 2 letters. One which was sent to Mr. Towery, and a separate letter which was sent to the Board of Governors of the State Bar of California. The author of the letters had asked us to keep his identity private.

Dear Mr. Towery:

Thank you for serving as Chief Trial Counsel. I sincerely apologize for having to contact you at all, particularly during the holiday season.

However, I am writing to advise you that yesterday an ethics complaint was mailed to the Intake Office in Los Angeles against you, Howard Miller, Douglas Winthrop, and Jerome Folk.

The complaint alleges that it was improper for you to appoint Jerome Falk of Howard Rice, as the special prosecutor to investigate attorney misconduct relating to the litigation against Dole Food Company.

As you know, the managing partner of Howard, Rice is Douglas Winthrop, President-elect of the Foundation of the State Bar of California. This in and of itself should have disqualified Mr. Falk from serving in that capacity.

However, and in addition, Howard Miller -- one of the attorneys who participated in the scheme to defraud the judiciary and injure Dole in order to enrich himself financially -- also serves on the Board of the Foundation. The complaint alleges that Messrs. Miller, Falk and Winthrop intentionally hid the conflict and that Mr. Falk otherwise engaged in prosecutorial misconduct.

For these reasons, I must ask you and the State Bar to ignore any recommendation made by Mr. Falk, and to assign the Dole matter to a new, different special prosecutor who will reexamine the case ab initio.

Moreover, I request that my complaint also be determined by an outside entity.

Thank you for your time and attention to these matters.

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Dear President Hebert and Members of the Board of Governors:

Please consider this to be a formal request that the Board of Governors implement a Task Force/Committee to investigate misconductand improprieties by employees and executives of the State Bar of California relating to their handling of the investigation of misconduct committed by attorneys from the law offices of Girardi & Keese in the Dole litigation.

Such investigation should include an examination of the relationship between Thomas Girardi and Mr. Mike Nisperos, the former chief trial counsel. It should also encompass the reasons Mr. Nisperos stated on his resume immediately after he departed from the State Bar that Thomas Girardi is his "Mentor Emeritus."

However, the more serious matter that should be investigated is therecent appointment of Jerome Falk of the Howard, Rice firm by James Towery to act as special prosecutor in investigating attorney misconduct in the Dole case. The attorneys who participated in the misconduct are Thomas Girardi, Howard Miller, and Walter Lack.

Simply stated, Mr. Falk should not have served as special prosecutor because of an obvious conflict of interest. As you know, the managing partner of Howard, Rice is Douglas Winthrop, President-elect of the Foundation of the State Bar of California. This in and of itself should have disqualified Mr. Falk from serving in that capacity.

However, and in addition, Mr. Howard Miller -- the ex-president of the State Bar and one of the attorneys who participated in the scheme to defraud the judiciary and injure Dole in order to enrich himself financially -- also serves on the Foundation's Board of Directors alongside Douglas Winthrop, who is a business partner of Jerome Falk.

As such, in addition to our request for the immediate implementation of a Task Force, I also ask that the Board of Governors ensure that any findings by Jerome Falk are annulled and that a new, disinterested outside counsel be appointed to determine ab initio if Thomas Girardi, Howard Miller, and Walter Lack should be subject to any disciplinary proceedings.

Lastly, I sincerely and whole-heartedly believe that the law officesof Girardi & Keese and associated individuals have a determinable effect on the State Bar of California in general, and the administration of justice in particular. I also believe that it is unfortunate that such criticism and the above discoveries had to come from me rather than the State Bar itself.

For these reasons, and in the interest of justice, I request that you implement the measures
described above.

Thank you for your time.

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For important updates, including communication from Jerome Falk,  please see @:

http://lesliebrodie.blog.co.uk/2011/12/08/jerome-b-falk-of-howard-rice-state-bar-of-california-special-prosecutor-in-ninth-circuit-matter-of-in-re-girardi-adjudicated-by-n-randy-smith-mar-12275371/

AND @:

http://lesliebrodie.blog.co.uk/2011/12/13/ninth-circuit-court-of-appeal-matter-of-in-re-thomas-girardi-adjudicated-by-marsha-berzon-n-rabdy-smith-william-fletcher-jerome-falk-howard-rice--12300044/