Via Email and First Class U.S. Mail
August 30, 2010 A.D.
David E. Azar, SBN 218319
Milberg, LLP
300 South Grand Ave., Suite 3900
Los Angeles 90071
CALIFORNIA, USA
Subject: reverse side of
attached document
Greetings Mr. Azar:
Would you be so kind as to forward
to us a true and correct photocopy of the reverse side of the attached
document?
We received a scanned version of that document via email
from one of our clients.
We take careful note that the
document alleges that you have “taken and
subscribed the oath as required by law” [emphasis
added].
As you know or should know, we
regard said “law” to be section 6067
and all related sections of the California Business and Professions Code
(“CBPC”), also known as the State Bar Act.
Black’s Law Dictionary, Sixth
Edition, defines “subscribe” to mean:
Literally
to write underneath, as one’s name.
To sign at the end of a document.
In comparison, CBPC 6067 uses the term “indorse” which
is not defined as such in Black’s
Law Dictionary, Sixth Edition. That
section reads in pertinent part:
A certificate of the oath shall be indorsed
upon his license.
However, the term “indorser” is defined to mean:
Person who
indorses; i.e., being the payee or
holder, writes his name on the back of a negotiable instrument. One who signs his name as payee on the back
of a check to obtain the cash or credit represented on its face. [emphasis
added]
Similarly, the Latin phrase “in
dorso” means:
On
the back. ... In dorso recordi, on the back of
the record. Hence the English indorse, indorsement,
etc.
Thus, given what we have already confirmed
about how attorneys relish the opportunity to belabor such minute details, I do
hope you agree with our conclusion that the document which you disclosed to us must
be “subscribed” i.e. signed by you,
and that you must also place your bona
fide signature on the back of that document.
Finally, the first part of CBPC 6067 is equally explicit about the
substance of the oath required by that section, as follows:
Every person on his admission shall take an oath
to support the Constitution of the United States and the Constitution
of the State of California. [emphasis added]
That is why we are requesting a true
and correct copy of the reverse side of the attached document. Without your signature “on the back”, the
existence of a valid license for you to practice law in the State of California
assumes facts not in evidence among such public records.
Thank you very much for your professional consideration.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew
Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
All Rights
Reserved without Prejudice
U.S. Mail:
Paul Andrew Mitchell
c/o Lake Union Mail
117 East Louisa Street
Seattle 98102-3203
WASHINGTON STATE, USA
Copies: