Via Email and First Class U.S. Mail
August 30, 2010 A.D.
David E. Azar, SBN 218319
300 South Grand Ave., Suite 3900
Los Angeles 90071
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.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
All Rights Reserved without Prejudice
Paul Andrew Mitchell
c/o Lake Union Mail
117 East Louisa Street
WASHINGTON STATE, USA