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San Diego attorney Scott McMillan, McMillan_Law_Firm_La_Mesa, sued to have websites remove embarrassing public records that included allegations of child molestation, losing dozens of lawsuits, being called a vexatious litigant, and settling a lawsuit for $20. The child molestation report containing the name of San Diego attorney Scott McMillan was filed as an exhibit in San Diego Superior Court Case No. [protected] . Scott McMillan suffered a horrific defeat in court where his case was dismissed. Days later Scott McMillan filed an identical lawsuit in San Diego Superior Court, Case No. [protected], but that lawsuit was defeated early on and no orders that would benefit Scott McMillan were made.
Now, Scott McMillan faces certain defeat in the 9th Circuit where he appealed his initial loss where he is up against a seasoned federal prosecutor, a former federal judge, and who are part of a hard hitting LA law firm.
But this is not the first case Scott McMillan had before the 9th Circuit. In 2017, San Diego attorney Scott McMillan sued the ATF with his former associate Michelle Volk. A 9th Circuit appellate judge called his lawsuit "just silly" and encouraged Scott McMillan to take a $450 offer if the Government were to make the offer again to settle the case. See the judge's remarks here, https://www.youtube.com/watch?v=OjCfjHgW-S0
Michelle Volk and Scott McMillan operated the McMillan Academy of Law, La Mesa, California. Although having a law school sounds impressive, what is not impressive is the fact it looks like it was nothing more than a fraud. To put it simply, the McMillan Academy of Law existed for over 12 years, but did not have a single student graduate, had only three students total, and the law books were out of date. See the statement Scott McMillan had to post for your self:
"We have had one student take the First Year Law Students' Examination and that student passed. This is the basis for the 100% pass rate thus far. As of yet, no students have graduated from the Academy."
Page 3, http://www.bppe.ca.gov/annual_report/2013/41500915_pfs.pdf
The State Bar of California found in 2017 that:
"Since opening, only three students have ever completed MAOL's first-year curriculum and were able to take the First Year Law Students' Examination; two of the students eventually passed the examination but each then left MAOL and transferred to other law schools. Since MAOL has had no students nor has held any classes in almost five years, its program of legal education has now been dormant for more than four years."
https://apps.calbar.ca.gov/cbe/docs/agendaItem/Public/agendaitem1000002149.pdf
It is unfortunate Michelle Volk and Scott McMillan used a law school as an apparent front for fraud, but the fact it never had a single student graduate speaks volumes.
Be sure to do your research on an attorney and before you decide to hire an attorney, keep in mind Scott McMillan, Michelle Volk, are San Diego attorneys and there conduct should not be ignored by the San Diego community nor any consumer who is seeking to hire a lawyer.
San Diego attorney Scott McMillan filed a federal lawsuit to have blogs reporting his name is listed in a child molestation report removed from different websites. The report was filed as an exhibit in San Diego Superior Court Case No. [protected] and is a public record. The federal lawsuit was DISMISSED.
Scott McMillan, 4670 Nebo Drive, filed an appeal, and then filed a state lawsuit making the same allegations and requesting the judge order the websites remove the material referencing to public records. The state court denied to hear the lawsuit or issue any orders to remove any of the content listed on the websites.
While Scott McMillan was appealing his loss in federal court to the Ninth Circuit appellate court, he asked the court to order the blogger to stop posting material online about his law firm, McMillan Law Firm, 4670 Nebo Drive, La Mesa, California.
The appellate court DENIED the request of San Diego attorney Scott McMillan. See attached court order.
The appellate court then decided to dismiss the appeal filed by Scott McMillan, San Diego attorney. Incredibly one of the many allegations of San Diego attorney Scott McMillan is the fact he was reported to have committed malpractice in multiple cases. The irony in this case is that Scott McMillan could not even represent himself without getting his own case dismissed due to his own failure to file a brief as the order states.
In a different federal case, Scott McMillan, Michelle Volk, San Diego attorneys were sued for fraud by a national law firm. The federal judge refused to dismiss the lawsuit and was settled. See press release, http://legalnewsline.com/stories/510992237-the-mcmillan-law-firm-allegedly-sent-inflated-bill-to-client
Be sure you check the background of the attorney you hire. Do not allow attorneys who claim to be the dean of his own law school impress you, or claims he's a great attorney make you look into his credentials.
He is a real joke. Wanted to represent me for $5, 000 to get a lawyers records when he was relieved. He wanted to gauge money from me when he should no the Rules of "professional conduct" requires the return of original records. What a money grubbing shyster.