PETITION AGAINST U.C. HASTINGS COLLEGE OF THE LAW ADJUNCT PROFESSOR JAMES WAGSTAFFE OF KERR & WAGSTAFFE

We the undersigned, call for the U.C. Hastings College of the Law and the State Bar of California to examine unethical behavior and misconduct committed by adjunct law professor, Mr. James Wagstaffe of Kerr & Wagstaffe.

James Wagstaffe (“Wagstaffe”) and Rod Kerr (“Kerr”) are members of the California State Bar and are main shareholders in the law firm of Kerr & Wagstaffe, located In San Francisco, CA.

The firm boasts that it has established itself as a “premier” law firm. It represents many governmental entities such as various cities, the State Bar of California, and various companies that are on the “Fortune 500” list.

In addition to practicing law, Wagstaffe teaches at U.C. Hastings College of the Law, San Francisco State University, and is one of the authors of the Rutter Group publication dealing with Federal Civil Procedure Before Trial.

As demonstrated below, there are serious concerns about Mr. Wagstaffe's ethics, moral and values.

1. MISCONDUCT RELATING TO DISCRIMINATORY HIRING PRACTICES OF ATTORNEYS.


The law offices of Kerr & Wagstaffe's racial and gender make-up is as follows:

*Out of 10 lawyers, all but one is White.

*Out of 7 Partners, all but one are Males. (This was changed around 2010, where a female partner was hired. Prior to that, for most of 2009, all the partners were men, and all the associates were females)

*All the associates are females. There are no male associates.

*All the females’ associates are white.

*All the female associates are young.

* Two out of the three associates are from Hastings, where Wagstaffe teaches.

It is simply unbelievable that without violation of the law a San Francisco firm will be composed of 10 lawyers of whom nine are white; out of seven partners, six are men; and all the associates are young white females.

In addition, for example, taking into account the current associates and three former young white female associates, Holly Hogan, Tricia Weaver, and Connie Merriett

http://www.klgates.com/professionals/detail.aspx?professional=5944

http://www.superlawyers.com/california-northern/lawyer/Tricia-E-Weaver/b55ecf36-79e4-4d08-956b-f3cc74451715.html

http://tinyurl.com/y848wj7

One can not but concludes that the firm has a proclivity towards hiring young and attractive white females with Northern-European features as associates.


2. MISCONDUCT RELATING TO A VIDEO PUBLISHED BY "GOLDEN GATE XPRESS"


"Golden Gate Xpress" publishes a series of videos and presentations which can be fount on the Internet named "60 Seconds Spiel".

One of the published presentations is narrated by Wagstaffe and is titled "A LAWYER DEMOSNSTRATES HOW TO GET TALK YOUR WAY OUT OF A TRAFFIC TICKET". (“Get Talk” in original title)

The video itself contains an audio and various pictures of Wagstaffe shredding what appears to be a traffic ticket from the San Francisco Police Department. The audio presentation begins with Wagstaffe introducing himself as an attorney from the law offices of Kerr & Wagstaffe.

Some of the advise Wagstaffe offers, for example, is to "do what I do, put a CHP (California Highway Patrol) magazine in your car, so they think you are one of them".


3. MISCONDUCT RELATING TO FALSE STATEMENT ON MR. WAGSTAFFE'S WEBSITE

Mr. Wagstaffe claims falsely that is the "Author of One of the Best Selling Books in the United States on Federal Practice", where in fact he is one out of four authors. Also, a claim made that he is "One of the Top Lawyers in America" is also questionable.