Wednesday, September 2, 2009
Lawyer Malpractice, What NOT to do
An auto accident attorney in Arlington, Virginia, whose name I am intentionally omitting because to include it serves no purpose, had his license to practice law revoked for 18 months recently, because of the unbelievably stupid, illegal and unethical things he did in handling a routine auto accident case.
The attorney took on a case involving a woman who was a passenger in a car that was involved in an accident in Washington, DC. The first "problem" the attorney created was that someone went to this woman's home to attempt to have the woman retain the attorney. She had not called any attorney, so clearly, this was a case involving what is called "runners", and it is illegal. Attorneys CANNOT solicit accident victims, they must wait to have the potential client call them.
The woman did hire the attorney, not knowing these rules.
The woman soon thereafter called the attorney and explained she was having financial problems, so the attorney lent her money. Again, illegal and unethical. An attorney cannot lend a client money, except for minor fees connected to the case, such as paying for copies of medical records and to obtain a police accident report.
As the case progressed, the woman tried to reach the attorney on numerous occasions. The attorney never returned her calls. Another ethical violation!
During the course of the case, the attorney signed the woman's name to an authorization (a medical release) allowing him to obtain her medical records. Another violation!
The attorney eventually settled the case without first obtaining the woman's permission to do so. The woman never even knew the attorney was attempting to make that settlement! When the settlement check arrived from the insurance company, the attorney signed the woman's name on an insurance "Release" and he then himself notarized it, attesting in the notary clause that the woman "personally appeared" before him. He also signed the woman's name on the insurance company check and deposited the check into his trust account.
The attorney prepared a Settlement Statement which indicated that he would recover the money he previously loaned to the client from the settlement funds, in addition to his fee.
The woman refused to accept the settlement and hired another lawyer.
The new lawyer correctly filed a Bar Complaint against the first lawyer, and resolved the auto accident case for the woman. The resolution included the first attorney giving the woman $6000.00 from his own money, which represented the difference between the settlement he reached for her and the settlement the second attorney reached (as the insurance company was not bound to pay more, because the first attorney appeared to have had "authority" to settle the woman's case).
The Virginia State Bar revoked the first lawyer's license to practice law for 18 months, and this action was confirmed by a 3 judge panel of the Arlington Circuit Court when the lawyer appealed the Bar's punishment.
Morale of the story: Do I need to provide this?
Please feel free to go to my website and read a few of the articles, where I detail how I handle cases. This Arlington attorney is clearly an abberation.
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Wednesday, August 19, 2009
Watch Your Step
There is a great deal made in the press about "frivolous" lawsuits. The belief, of course, is that people sue for anything, and thereafter, the belief is that they win, and they shouldn't. Many of the sensational cases we hear about are completely fictitious, the lawsuits were never filed, and the "victims" in those stories never recovered anything. There was a recent case however, that notwithstanding the real injury suffered, serves to fuel this "frivolous" debate.
In July, 2008, Ms. Corrigan, a 65 year old woman in Washington, DC, sat at her kitchen table when Verizon's workman was doing repairs in her home. The repairman put his tool bag UNDER her kitchen table. Somehow, Ms. Corrigan tripped over this bag and did in fact suffer some pretty serious injuries. She fractured her right knee and left shoulder, and she had multiple surgeries and numerous grueling hours of physical therapy.
She sued Verizon and claimed that the repairman was negligent in not telling her he had placed the bag UNDER (my emphasis) her table. So here, I gotta wonder.... UNDER the table? UNDER the table....
Anyway, the case settled for $635,000.00 because the Verizon attorneys felt that both Ms. Corrigan and her husband would make excellent and sympathetic witnesses, and that her injury was so significant that if they lost in court, the verdict could be much higher.
Can you hear me now?
Labels: accident, general
posted by Paul A. Samakow, P.C. at
Tuesday, August 18, 2009
Our Respects
Mr. Carter Delaney, of Leesburg, Virginia, was probably a really good guy. He tried to stop 2 pit bulls from killing another dog. He owned the pit bulls, and the other dog, and 2 more dogs. Before the story continues, I have to wonder, as do many, why would anyone own a pit pull? They sure aren't snuggly or cuddly, and if you want protection, get a German Sheppard. Maryland has banned ownership of pit bulls. They are just a bad breed generally. Like many, again, I just don't get why you'd own this vicious dog. When he tried to stop the pit bulls from attacking the other dog, the pit bulls turned on Carter, and they killed him.
Carter's last act was a brave one. Someone who acts to save another, even a dog, is absolutely a really good guy. Gotta question him though, and clearly, whatever we conclude about him, even if we say he was less than brilliant for owning these animals, he didn't deserve his fate. Our respects, and may Mr. Delaney rest in peace.
His family had the pit bulls euthanized.
Labels: general
posted by Paul A. Samakow, P.C. at
Sunday, August 9, 2009
Littering doesn't pay, literally
A gentleman who won the Virginia lottery, bought a parcel of land in August County, Virginia, next to another parcel he wanted, but couldn't obtain because the owner of the other parcel wouldn't sell. The disgruntled gentleman thus took to littering the road between the two parcels with trash, debris and nails. This was eventually video-taped by the other owner, who sued the disgruntled guy. The lawsuit was eventually settled for $35,000.00, two days before trial. Why so much you ask, for some trash on a road? As I mentioned, the litterer was a lottery winner, and part of the lawsuit claimed punitive damages for malicious and willful actions. If the matter had gone to trial, the jury would have been allowed to assess the lottery winner's financial status in considering the amount of punitive damages.
Morale of the story: Remember what highway signs tell you, and what your mother told you as a kid; don't litter.
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Tuesday, July 7, 2009
Text while you drive? Shame on Virginia!
On July 1st, Virginia passed a law banning texting while you're driving. Sound good? Big deal! They should pass a law banning talking on your cell phone and enforce that law. Texting while you are driving, quite possibly, is even more dangerous than talking on your cell phone, but the law isn't really enforceable. How is a cop going to prove you were texting? .... I was dialing my phone.... I was looking at a magazine.... I was using my GPS...
and then, do you love this? the fine, if you are a first offender, is $20.00, and for second or subsequent offenses, is $50.00.... I think we're going to see a rash of police texting stops.... don't you...
So, the morale of this story is that Virginia's legislators have no guts because they won't pass a bill that truly would save lives, NO CELL PHONE USE, AT ALL, WHILE DRIVING A CAR, and the law they did pass has little chance of every being used, as police likely won't stop you or charge you if they suspect you're texting, and even if they do likely you won't be found guilty, and then, clearly, obviously, DON'T USE YOUR CELL PHONE WHILE DRIVING, AND THIS INCLUDES TEXTING.
Happy Trails, and drive safely.
Labels: accident, Bad Guys, general
posted by Paul A. Samakow, P.C. at
Tuesday, June 23, 2009
Great verdict for a resident in Assisted Living facility
Much like my case a few years ago, where a lady in a nursing home who was unable to talk due to a stroke was assaulted, here, a mentally retarded person in an Assisted Living facility was sexually assaulted. This case, in Newport News, Virginia resulted after the owner of the facility hired a nurse's aide, knowing that the aide had a history of assault & battery convictions and that the aide had sexually assaulted another resident in the facility. The assault on the victim here, a 56 year old man with the mental capacity of a 5 year old child, left him with rectal injuries unable to be surgically repaired and left with the need for a diaper for the rest of his life. A jury awarded the victim $750,000.00 and the aide's criminal charges remain pending.
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Sunday, June 14, 2009
Not every bad result is the doctor's fault
In the summer of 2006, an Arlington, Virginia man underwent a series of laser-surgery treatments from a urologist for an enlarged prostate. Several months after the procedures he remained incontinent and he sued his urologist. After a lengthy trial, a jury concluded rather quickly that the doctor did not do anything wrong.
Morale of the story: Medical malpractice is hard to prove, and not every bad result means that someone did something wrong. Medicine is not an exact science and there are always risks associated with every medical procedure. Beware, and ask lots of questions if you are looking at some medical procedure or surgery.
Labels: general
posted by Paul A. Samakow, P.C. at
Friday, June 12, 2009
Top Verdicts 2008
Thank goodness four our court system which is always there to remedy problems and right wrongs that have been done.
Business & Commercial Verdicts:
#1: A Breach of Contract suit, ICO Global Communications won $606,756,986 in California when it successfully sued Boeing Satellite Systems International.
#2: An Intellectual Property lawsuit filed by Saffran resulted in a verdict of $431,867,351 over Boston Scientific Corp. in Boston.
#3: Hyatt sued Franchise Tax Board of the State of California for fraud in Nevada and won $388,085,281.
#4: Lucent Technologies sued Gateway, Inc. in California on an Intellectual Property matter and won $368,044,056.
#5: Parmalat Finanziaria S.P.A. sued Citigroup, Inc. in New Jerseyy on a fraud matter and won $364,228.023.
Consumer & Individual Plaintiffs:
#1: The Estate of Mack, in Nevada, sued on a wrongful death claim and won $590,003,000.
#2: Cybulski sued Foremost Industries, Inc. on a products liability matter and won $256,000,000 in Florida.
#3: The Estate of del Pino sued the Republic of Cuba on a wrongful death claim and won $252,750,000 in Florida.
#4: Cantu sued Flanigan in New York on a defamation matter and won $188,000,000.
#5: The Estate of LoCascio sued on a wrongful death claim in Florida and won $125,073,485.
Labels: general
posted by Paul A. Samakow, P.C. at
Friday, June 5, 2009
State of Virginia exposes 1/2 Million people
From a June 4th, 2009 Washington Post article, yet another Identity Theft problem is revealed, this time by the State of Virginia. More than 1/2 Million people's social security numbers might have been stolen from the state's prescription drug database in April. Hackers apparently tried to blackmail the state and demanded over $10 Million for the return of the personal pharmaceutical records from Virginia's Prescription Monitoring Program. The state mailed letters to those affected.
Labels: Identity Theft
posted by Paul A. Samakow, P.C. at
Monday, June 1, 2009
Should've used an attorney
A friend of mine, wanting to save money, and believing he could negotiate with anyone, tried to settle his own auto accident case with the other person's insurance company. Fred was rear-ended, went to the hospital and then because of continuing back pain, went to a chiropractor. The other person's insurance company called him and told him they would pay his medical bills and give him $2,500.00. He agreed. About two months after he finished his treatment with the chiropractor, he got a bill from the chiropractor for over $5,000.00. He ignored it, thinking the insurance company was going to pay it. Turns out, the insurance company only paid his hospital emergency room bill, and that was it. The insurance agreement included that Fred sign a document, called a Release, and it didn't say anything about paying his bills. So, now Fred is in collections and he is being sued by the chiropractor. He recently got engaged and they bought a house, and he has no money to pay the chiropractor's bill, much less the interest, court costs and attorney's fees in the lawsuit against him. Further, to make matters worse, when I looked at his case, it appeared that the value of his case was probably somewhere between $10,000.00 to $15,000.00, so even after a lawyer's 1/3 fee, he would have been far better off using a lawyer. He didn't do himself any favors and he didn't save any money. This is unfortunately a familiar scenario in car accident cases. Insurance companies try to settle quickly with the victims and they truly screw people.
Labels: accident, insurance companies
posted by Paul A. Samakow, P.C. at
