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
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, March 22, 2009
Mortgage Loan Officer caught, victim awarded damages
A Montgomery County, Maryland jury awarded a homeowner, who defaulted on her mortgage loan, 1.25 Million Dollars, resulting from the Wells Fargo Bank's loan officer inflating her income and assets on the loan application for the sub-prime mortgage loan the homeowner was approved for. This is exactly the scenario which got some many thousands and thousands of people in deep financial trouble! Here, this woman's salary was $88,000.00; the loan officer reported on the application as being $168,000.00. The loan officer told the woman her loan would be at a rate of 7%, making her monthly payments about $3,000.00. Turns out the loan ended up being at a rate of 10.6%. The jury's award to the woman was broken down as $250,000.00 to compensate her, and $1 Million to punish Wells Fargo.
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Saturday, March 14, 2009
Video Cameras in women's bathroom a no-no
Another in the category "what was he thinking?" category. A manager at a Ford dealership in Baltimore installed video cameras in the women's bathroom. Two female employees complained to the management, and then the guy fired them. The case settled for $100,000.00, divided equally between the 2 women. Are people really that stupid? I mean really, the guy could've gone to any number of peep shows or other establishments for his jollies....
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Monday, February 23, 2009
Sex with your client is a no-no
An attorney who worked at a Legal Aid society in Lebanon, Virginia engaged in sexual conduct with his clients there. The Virginia State Bar suspended his license to practice for 5 years, and stated that this conduct violated professional rules that govern conflicts of interest and misconduct. This one, as do most of this kind, clearly fall under the "What was he thinking?" category.....
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Thursday, February 5, 2009
One very dishonest lawyer
Discovered in 2008, for at least 3 years, attorney Stephen Conrad, in Prince William County, Virginia, settled at least 250 auto accident and worker's compensation cases for his clients, mostly Hispanics, who "trusted" him. He settled the cases without their permission, got the checks, forged their names, and deposited the money, calculated to be in excess of $4 Million into his own accounts. Hundreds of clients later found out their medical bills were not paid, and that there was no money for them to reimburse lost wages or to compensate them for their suffering from the accidents. To make matters worse, the cheated clients had no claims against the drivers because the Statute of Limitations barred their claims. To make matters even more worse, if there is such an expression, there was no claim against Conrad, because he committed a crime, stealing, and his malpractice insurance, correctly, like all such insurance policies, only covers negligence. Conrad was obviously disbarred and is now in jail on an 11 year Federal sentence.
Morale of this story: Check with your attorney regularly, insist on knowing when "settlement" is being considered, ask the attorney to explain the settlement proposal, and insist on seeing the settlement check when and if settlement is reached. Once the settlement check is signed it should routinely be deposited the same or the next day. Your bills should be paid within a week or so, and you should get your money at about the same time. If all of this doesn't happen and your lawyer can't give you a satisfactory explanation as to why not, consult the Bar Association.
Labels: Bad Guys
posted by Paul A. Samakow, P.C. at
Monday, January 26, 2009
Great award against drunk driver
Let's hear it for a jury in Rockingham County, Virginia, and the trial judge there. A young 16 year old woman was the victim of a drunk driver's negligence causing her moderate physical injuries and some significant degree of mental anguish. The drunk apparently had quite a history of drunk driving convictions, and on this occasion had a BAC of .32%!!!! Clearly, to be that drunk and still able to operate a car, much less even remain conscious, you'd have to be a well weathered alcoholic.... Anyway, a few months ago the jury awarded this young lady $280,000.00, which included punitive damages. The drunk appealed, but the judge upheld the jury's award.
Labels: accident, Bad Guys
posted by Paul A. Samakow, P.C. at
