No. 23-86

Christopher Bayre Chamberlin v. Hartog, Baer & Hand, APC, et al.

Lower Court: Ninth Circuit
Docketed: 2023-07-31
Status: Denied
Type: Paid
Response Waived
Tags: access-to-courts appellate-review attorney-malpractice civil-rights conflict-of-interest due-process legal-ethics legal-malpractice pro-se-litigation
Key Terms:
DueProcess Securities Privacy
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether HBH's concealment of its family relationship with the adverse party violated the petitioner's constitutional rights to freely associate and make contracts with conflict-free counsel, depriving the petitioner of due process and access to the courts

Question Presented (OCR Extract)

QUESTIONS PRESENTED In 2016, Christopher Chamberlin (“Petitioner”) of New Jersey contacted Hartog, Baer & Hand, APC . ; of California for legal representation in a Marin County probate case to remove the executor of his mother’s estate (Michael J. Levin, “Levin”) for fraud, waste, mismanagement, and ad faith. Petitioner conditioned the engagement upon _ no conflicts with Levin’s influential and politically powerful cousins. (Pet. App., 120a, n.4). HBH falsely told Petitioner there were no conflicts. Once hired, HBH deliberately mishandled the case causing damage. (Pet. App., 86a). In 2018, Petitioner discovered HBH’s confiict. In 2019, Petitioner, pro se, filed a diversity action’ against HBH. The district court found HBH committed malpractice, but was not conflicted; and caused no damage beyond $2,831.91. (Pet. App., 74a75a, 77a-81a, 126a-27a). The Ninth Circuit affirmed in a dismissive “Oral Screening Memorandum.” (Pet. App., 2a-3a). . The questions presented are: 1. Whether HBH (concealing its family relationship with the adverse party in the . underlying probate litigation) violated Petitioner’s constitutional rights to freely associate and make contracts with conflict-free counsel, depriving Petitioner of due process and access to the courts? 1 Petitioner’s Verified FAC (ECF-47) contains many of the undisputed facts repeated here, the rest were obtained in discovery and placed in the record. ii QUESTIONS PRESENTED—Continued ; 2. Whether the Ninth Circuit’s? pre-screening regime—vesting staff attorneys with exclusive authority to adjudicate “pro se” ; appeals—deprived Petitioner of his constitutional and federal statutory rights to appellate review by Article III judges, im. properly favoring Respondents, requiring reversal? 3. Whether, due to egregious legal errors and due process violations, this case warrants summary reversal? 2 Detailed by Alex Kozinski, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, in a letter to Samuel A. Alito, Jr., Chair, Advisory Comm. on Appellate Rules (January 16, 2004) “Kozinski/Alito Letter” available at: . iii :

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-08-30
Waiver of right of respondent Hartog, Baer & Hand, APC, et al. to respond filed.
2023-07-27

Attorneys

Christopher B. Chamberlin
Christopher Bayre Chamberlin — Petitioner
Christopher Bayre Chamberlin — Petitioner
Hartog, Baer & Hand, APC, et al.
Thomas J. D'AmatoD'Amato Law Corporation, Respondent
Thomas J. D'AmatoD'Amato Law Corporation, Respondent