Posts Tagged ‘Lawyer’

lawyer charged with breach of fiduciary responsibilities?

Question by Libby T: lawyer charged with breach of fiduciary responsibilities?
Tyler TX’s newest oldest “Elder Law Expert” lawyer is suing my elderly, uneducated, unsophisticated mother for unpaid legal fees.

He billed my mom 2 1/2 times his estimate. Also, he did virtually nothing, and badly. He downloaded the *wrong* Medicaid application form at the 11th hour, right before Medicare’s 100 days expired. (Medicaid was later denied.)

In preparing to defend her against him in small claims court, I find that his own father sued him in 2006. He had been named as Trustee in his mother’s Testamentary Trust. Ten years later, his father petitioned federal court to remove him as Trustee, recover trust property, and asked for emergency injunctive relief: His son the attorney had committed a breach of fiduciary duties. He had mishandled the estate, bought himself a house, sent the kids to college, placed his father in a sub-standard nursing home with no medical care, failed to provide an accounting of the assets when requested, etc..

After dragging his feet to provide court-ordered records, he asked that the case to be dismissed when his father died in 2007 (granted).

I am now told that none of this can be brought up in my mother’s case since it is “immaterial.” However, I believe it speaks to the attorney’s character, ethics, and mistreatment of the elderly. Any attorney who would act this way in any Trustee capacity, much less his own family’s Trust, cannot be trusted with any elderly person’s affairs.

This attorney has moved to Tyler TX by way of Reno NV. Why? One clue is that Tyler TX is a town abundant in elderly and infirm people, and they are all sitting ducks for a predatory lawyer with a history of lying, cheating, and stealing who now has his “Elder Law Expert” shingle out.

How can I get the word out about this unethical lawyer? My elderly mom’s case is relatively small compared to his family’s ~0,000 estate. But if he takes ~,000 from every old person who is lured by his “Elder Law Expert” advertising, he will soon be able to recoup his losses from being removed as Trustee from his family’s Trust.
It isn’t slander if it’s true: The lawyer’s father did, in fact, bring suit against him in federal court for mishandling the family Trust; he was, indeed, removed as Trustee.

He did, in fact, mishandle my mother’s case to the point where he gave her the wrong Medicaid application to fill out: He signed and dated it a mere *three days* before Medicare’s 100 days was to expire, and left it up to her to fill it out (yet “File application for Medicaid” is on fee agreement.)

I’m considering a display ad in the Tyler Morning Telegraph. Believe me, it won’t be slanderous.

Best answer:

Answer by Quizzard
It is TOTALLY inappropriate to bring up his earlier case, and if you even mention it the judge could find you in contempt of court. In the first place it is a different situation, but more importantly, none of the allegations were ever proven in court.

You need to be VERY VERY careful about ‘getting the word out’. Mention even one thing that you cannot prove in court, and you will be sued for slander.

DON’T.

Know better? Leave your own answer in the comments!

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