Deposition Questions – Richard Rosiak (Former Counsel)

Why did you accept $8,000 in retainer fees, equal to nine months of senior tenants’ net income, and then abandon them?

Statutes: B&P §6106, ABA Rule 1.5

Penalty: Disbarment; restitution

Evidence: Retainer contract, withdrawal letter.

Why did you withdraw the night before trial, leaving your client without representation?

Statutes: ABA Rule 1.16(d), B&P §6068(m)

Penalty: Disbarment; malpractice damages

Evidence: Withdrawal letter mailed one day before trial.

Why did you wait eight days after notifing court to mail your withdrawal letter, timing it to prevent new counsel from being hired?

Statutes: Obstruction 18 U.S.C. §1503, B&P §6068

Penalty: Ethics violation; malpractice liability

Evidence: Postmark dated eight days after withdrawal letter.

Why did you tell your client, “I quit you,” instead of assisting transition to competent counsel when called during recessof court ?

Statutes: ABA Rule 1.16(d), B&P §6068(m)

Penalty: Disbarment

Evidence: Written communications documenting statement.

Why did you refuse to release the case folder, preventing new counsel from taking over?

Statutes: B&P §6068(e), ABA Rule 1.16(d)

Penalty: Disbarment; malpractice liability

Evidence: Certified letters requesting folder; folder withheld.

Why did you fail to file the cashier’s check proving rent was paid?

Statutes: PC §135, Misprision 18 U.S.C. §4

Penalty: Criminal liability; malpractice

Evidence: Cashier’s check Exhibit A1 omitted from court record.

Why did you fail to file certified mail receipts (green cards) proving delivery of rent?

Statutes: PC §135, Mail Fraud 18 U.S.C. §1341

Penalty: 30 years federal; malpractice damages

Evidence: USPS receipts Exhibit A8.

Why did you ignore lease extension evidence confirming tenancy continuity?

Statutes: PC §470, Fraud on the Court

Penalty: Felony forgery; malpractice

Evidence: DocuSign renewal Exhibit A4 ignored.

Why did you fail to object to perjury when opposing counsel argued “no rent was paid”?

Statutes: PC §118, ABA Rule 3.3

Penalty: Disbarment

Evidence: Transcript vs. cashier’s check in your possession.

Why did you remain silent when false carpet invoices were introduced as evidence?

Statutes: PC §134, B&P §6068(d)

Penalty: Disbarment; malpractice damages

Evidence: Invoice Exhibit A5 vs. flooring photos.

Why did you allow your client to be threatened in a courthouse hallway without objection?

Statutes: PC §518, Ethics Violations

Penalty: Disbarment; felony extortion exposure

Evidence: Witness testimony regarding hallway incident.

Why did you ignore ADA accommodation requests filed by your client?

Statutes: ADA Title II, B&P §6068(m)

Penalty: Ethics violation; malpractice

Evidence: ADA requests submitted, no action taken by you.

Why did you ignore your client’s medical hardship and continue to withdraw?

Statutes: PC §368 (Elder Abuse)

Penalty: Felony elder abuse enhancements

Evidence: Doctor’s heart monitor order prior to trial.

Why do Yelp reviews since 2018 show you abandoning multiple clients on trial day?

Statutes: B&P §6106 (Moral Turpitude)

Penalty: Disbarment; malpractice liability

Evidence: Yelp reviews from prior clients calling you a no-show.

Why did you advise a jury trial demand, then withdraw before trial to block facts from being shown?

Statutes: ABA Rule 3.2, B&P §6068

Penalty: Disbarment

Evidence: Jury trial demand followed by withdrawal.

Why did you fail to object to a defective 3-Day Notice with seven defects?

Statutes: CCP §1161, ABA Rule 1.1

Penalty: Malpractice liability

Evidence: 3-Day Notice analysis by independent counsel.

Why did you refuse to recommend replacement counsel upon withdrawal?

Statutes: ABA Rule 1.16(d)

Penalty: Ethics violation; malpractice

Evidence: Withdrawal letter with no referrals.

Why did you fail to re-engage with your client when there was still time to secure competent help?

Statutes: B&P §6068(m), ABA Rule 1.3

Penalty: Ethics violation; malpractice

Evidence: Client requests for re-engagement ignored.

Why did you suppress client’s evidence binders instead of filing them?

Statutes: PC §135, ABA Rule 1.1

Penalty: Felony suppression; malpractice

Evidence: Clerk log vs. trial record.

Why did you remain silent during trial while opposing counsel perjured himself?

Statutes: ABA Rule 3.3, Misprision 18 U.S.C. §4

Penalty: Ethics violation; malpractice

Evidence: Transcript vs. available exhibits.

Why did you refuse to account for retainer funds after abandoning your client?

Statutes: ABA Rule 1.15, B&P §6068(i)

Penalty: Disbarment; restitution

Evidence: No billing records provided to client.

Why did you suppress ADA documentation your client provided?

Statutes: ADA Title II, PC §135

Penalty: Ethics violation; malpractice

Evidence: ADA packet Exhibit A9 never filed.

Why did you ignore evidence that your client’s wife and mother were named tenants by law?

Statutes: CCP §1161, Fair Housing Act

Penalty: Eviction void; malpractice

Evidence: Lease with three tenants vs. 3-Day Quit naming only one.

Why did you ignore evidence of mold and habitability violations provided to you?

Statutes: Civ. Code §1941.1, ABA Rule 1.1

Penalty: Malpractice liability

Evidence: Inspector report Exhibit A10.

Why did you ignore evidence of extortion attempts by the landlord’s agent?

Statutes: PC §518, ABA Rule 1.1

Penalty: Malpractice liability

Evidence: Testimony of pickup truck confrontation.

Why did you fail to object to Tran’s alias misuse in court filings?

Statutes: PC §470, PC §115

Penalty: Felony forgery; malpractice

Evidence: Court filings listing “Phat L.K. Tran” vs. “Phat Ky Tran.”

Why did you fail to warn your client that silence in court would waive rights?

Statutes: ABA Rule 1.4, B&P §6068(m)

Penalty: Malpractice liability

Evidence: Trial transcript showing no objections.

Why did you fail to object when Silverstein fabricated a $20,980 damages claim for Airbnb conversion?

Statutes: PC §532 (False Pretenses), ABA Rule 3.3

Penalty: Disbarment; malpractice

Evidence: Eviction filings vs. property records.

Why did you allow a defective 3-Day Notice to proceed knowing it was void by law?

Statutes: CCP §1161, ABA Rule 1.1

Penalty: Malpractice damages

Evidence: Notice with seven defects provided to you.

Why did you remain silent while Tran testified rent was unpaid when you had proof in hand?

Statutes: PC §118 (Perjury), ABA Rule 3.3

Penalty: Disbarment

Evidence: Transcript vs. cashier’s check and certified mail.

Why did you ignore the client’s ADA hardship filings, exposing them to unlawful eviction?

Statutes: ADA Title II, PC §368

Penalty: Civil penalties; malpractice damages

Evidence: ADA filings not submitted by you.

Why did you let your client’s wife and mother be forced out, when only one 3-Day Quit was served?

Statutes: CCP §1161, Fair Housing Act

Penalty: Eviction void; malpractice

Evidence: Lease with three tenants vs. notice naming only one.

Why did you fail to disclose to the judge that Berkshire received 18 PDFs by FedEx before trial?

Statutes: Mail Fraud 18 U.S.C. §1341, Misprision 18 U.S.C. §4

Penalty: 30 years federal; malpractice liability

Evidence: FedEx delivery record vs. no mention in court.

Why did you fail to object when opposing counsel claimed “new applicants” instead of lease renewals?

Statutes: PC §470 (Forgery), ABA Rule 3.3

Penalty: Disbarment

Evidence: Renewal emails vs. court record.

Why did you withhold filing proof that rent had been paid before due dates every month?

Statutes: PC §135, ABA Rule 1.1

Penalty: Ethics violation; malpractice damages

Evidence: Bank statements and receipts omitted.

Why did you ignore your client’s request for immediate re-engagement when time remained?

Statutes: ABA Rule 1.3, B&P §6068(m)

Penalty: Ethics violation; malpractice

Evidence: Emails requesting action, unanswered.

Why did you suppress client’s mold inspection evidence?

Statutes: Civ. Code §1941.1, PC §135

Penalty: Felony suppression; malpractice

Evidence: Mold inspection report Exhibit A10 never filed.

Why did you allow Tran to pursue retaliatory eviction without objection?

Statutes: Civ. Code §1942.5, ABA Rule 1.1

Penalty: Malpractice damages

Evidence: Timeline showing retaliatory eviction acts.

Why did you fail to warn the court that opposing counsel fabricated invoices routed through Ly Construction?

Statutes: PC §532 (False Pretenses), B&P §6068(d)

Penalty: Ethics violation; malpractice

Evidence: Invoices tied to Tran family’s company.

Why did you deny responsibility to communicate after quitting the case?

Statutes: B&P §6068(m), ABA Rule 1.4

Penalty: Disbarment

Evidence: “I quit you” statement documented.

Why did you fail to file motions to quash defective service?

Statutes: CCP §418.10, ABA Rule 1.1

Penalty: Malpractice damages

Evidence: No motion to quash filed in case docket.

Why did you remain silent when your client’s case was misclassified as “civil only” by HBPD?

Statutes: Misprision 18 U.S.C. §4, ABA Rule 1.1

Penalty: Ethics violation

Evidence: HBPD referral documents ignored.

Why did you fail to object when Tran concealed alias identity in court?

Statutes: PC §470, PC §115

Penalty: Felony forgery; malpractice

Evidence: Court filings listing “Phat L.K. Tran.”

Why did you remain silent when perjury occurred under oath in your presence?

Statutes: PC §118, ABA Rule 3.3

Penalty: Disbarment

Evidence: Transcript showing silence at key testimony.

Why did you refuse to deliver client’s evidence binder to the judge?

Statutes: PC §135, ABA Rule 1.1

Penalty: Felony suppression; malpractice

Evidence: Clerk log showing binder not introduced.

Why did you ignore your duty to expedite litigation in good faith?

Statutes: ABA Rule 3.2

Penalty: Ethics violation

Evidence: Jury trial demand used as stalling tactic.

Why did you fail to protect your client from being evicted while rent sat in Berkshire’s office?

Statutes: Misprision 18 U.S.C. §4, ABA Rule 1.1

Penalty: Ethics violation; malpractice

Evidence: Tran’s admission “Hanson has the check.”

Why did you fail to object when Tran testified against documentary evidence in your possession?

Statutes: PC §118, ABA Rule 3.3

Penalty: Disbarment

Evidence: Transcript vs. exhibits you held.

Why did you let your client be blindsided by defective notices instead of protecting tenancy?

Statutes: CCP §1161, ABA Rule 1.1

Penalty: Malpractice damages

Evidence: Eviction documents naming only one tenant.

Why did you abandon your client knowing elderly and disabled family members depended on tenancy?

Statutes: PC §368, B&P §6068(m)

Penalty: Elder abuse enhancements; malpractice

Evidence: Lease naming elderly co-tenant.

Why did you ignore repeated online complaints that warned of your pattern of misconduct?

Statutes: B&P §6106

Penalty: Disbarment

Evidence: Yelp reviews since 2018 citing abandonment.

Why did you fail to preserve your client’s right to discovery and subpoena opposing parties?

Statutes: ABA Rule 1.1, CCP Discovery Rules

Penalty: Malpractice damages

Evidence: No subpoenas filed on record.

Why did you fail to object when opposing counsel suppressed evidence of cashier’s checks?

Statutes: PC §135, ABA Rule 3.3

Penalty: Ethics violation

Evidence: Cashier’s check never challenged in court.

Why did you allow this case to collapse into farce instead of fulfilling your duty as counsel?

Statutes: B&P §6068, ABA Rule 1.1

Penalty: Disbarment; malpractice damages

Evidence: Withdrawal timing, silence, and folder suppression.