According to the City Charter, Mr. Aguirre is the “chief legal adviser of, and attorney for the city and all Departments and offices thereof in matters relating to their official powers and duties.” Every attorney owes their clients a duty of loyalty. By publicly accusing his clients of crimes, Mr. Aguirre has demonstrated a lack of understanding of the role that a City Attorney plays in municipal government. If a private attorney had treated a client in the same manner, he or she would be subject to possible disciplinary action by the California State Bar and a even a legal malpractice lawsuit by the client. Can Mr. Aguirre be trusted to conduct an unbiased investigation?
I fully support an investigation into any wrongdoing that might have occurred and prosecution of those who are criminally responsible. However, this matter would be more appropriately handled by an unbiased prosecutorial agency such as the District Attorney’s office or the State Attorney General’s office. Mr. Aguirre should remember his duties under the City Charter and step aside in this matter.
About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.