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erik'smom

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  1. how does that exclude the fact that the attorney was incompetent and failed to adequately perform his duties as an officer of the court?. isnt that violating the defendants right to proper representation ? He was misled into believing the conviction would be reduced at a later time. He had no idea that was not true anymore than the attorney failing to review the evidence when it was the defendant who hired him. And according to the ca state bar ethics code, soliciting money from another for services must be agreed in writing by the defendant when the defendant hired him. there are several incidences of that violation on the state bar website and the attorneys were held liable for reimbursement.
  2. What about the probability of a different outcome(ie:lesser conviction),the felonies getting reduced to misdemeanors (I have it in a text from him and the only reason my son pled), the evident malpractice and the money unlawfully requirred and accepted from me? Shouldnt that have a mitigating circumstance?
  3. Around Jan, 2018-my son entered into a verbal agreement for representation with attorney (Tom), recommended by a former girlfriend. No actual fee was ever stated, however my son made payments monthly. The charge was cashing a check received for work done, saying he manufactured it. a weak case. A couple months later another charge was added of fraudulent use of credit card which in fact was a third party reservation made by someone else , another weak case. A third charge developed of cashing a bad check (under $900) and unlawful taking of a vehicle that in fact was never stolen or reported as such. Final charge was Identity theft where he used anther's cdl to test drive a car. The second and third cases were originally DA rejects filed later to strengthen the other cases against him. There is no doubt that a preliminary examination of all charges would have resulted in no more than misdemeanor convictions , if even that. The problem was his attorney. Showing up late, never remembering the charges, constantly continuing the cases for reasons never fulfilling. In Dec. 2019, my son went into custody as bail was too high due to enhancements. I am not a medical expert but have been around those with Alzheimer. It is almost certain Tom was developing it as all his memory lapses showed signs. He would always say how the cases were bull****. That he personally spoke to the judge and he agreed. My son made numerous requests for the discovery and was always told "next time" by Tom. When next time finally did come, he was given discovery. However it was discovery for another client of Tom's. In Jan, 2019 Tom began asking for more money. Despite him and my son discussing the fact he could not pay while in custody, tom never remembered the conversation. He would ask me what judicial branch his next appearance was when we spoke on the phone. When I told him west court (always) he would ask when it got transferred thinking it was in Compton. He always told me to bring money next time. On three occasions I did because his secretary told me he wouldn't show up if i did not. Plus I was not aware then that tom was unable to legally request money from me without my sons consent. In March, Tom advised me his secretary was leaving the state for a lengthy period of time. Having over 30 years of legal study and paralegal experience, he asked if I would help him in her absence. I agreed and this is where my suspicions were confirmed. Tom no longer had an office. I discovered that after suffering a breakdown from losing both his wife and daughter, his son placed him in assisted living. He was very nervous driving, could not grasp gps, and relied on others to take him to the courthouses. I learned later that he has not had a driver license for quite some time. His client files were in boxes, stacked, undisturbed throughout his single room living space. I have never once seen him referencing one or having a briefcase to carry paperwork. He met most clients at a donut shop and never had files with him. At first I attributed this to his inability to recall where his court dates were. That his secretary was to blame for inefficiency. Tom would profuse his anger at his son for putting him in the home and said he was of completely sound mind. That he was formerly a psychologist and had passed an evaluation his son insisted he undergo. The bar has no record of his living arrangement and still has his former address listed as his business location. But he seemed to say many things I found to be less and less true. His secretary has him on a vitamin program targeting enhancing memory loss.I began noticing strong irritation with both the district attorney as well the judge at the hearings. He continued to delay proceedings for motion filings he never submitted. He insisted that what wouldn't be dismissed, would result in no more than misdemeanor convictions. That the outcome would be a sentence of one year county jail and informal probation if any. That was exactly as I believed from the extent of the evidence. I continued to ask for the discovery. When I was given his email access to attempt organizing a database and foundation for his practice, I discovered several issues completely disregarded by him and ignorance of client issues. He had matters that he never addressed, missed court dates, overlooked meetings, and complaints to the bar by clients, for fee refund and misconduct. There was notices to pick up client discovery in several cases. But most disturbing was that they included my sons. Repeated notices that reflected every one of my sons four cases. Almost a year and a half of representing my son. yet not one page of discovery ever picked up. I asked him why he hadn't done so and his secretary claimed she downloaded them. That was a lie because discovery must be picked up personally. I found myself both worried for my sons welfare as well sorry for the mans inability to do what he so loved for the past 50 years. He sounded so convincing and sincere. 50 years trial lawyer experience, I believed he had camaraderie with the judges and that maybe my son would get the one year sentence he was so definite and certain the judge agreed too. After eighty-two court appearances, doing nothing but delaying each time, never once even having a preliminary hearing, he said my son was going home and he made a deal. I was unable to attend that day and was horrified when I later heard the days news. The year my son received was only part of the sentence he accepted on his behalf. My son was suckered into what tom called a plea bargain. One year in custody, two years out of custody. Formal Probation and 12 felony convictions for charges that if argued, could not have been proven. Charges that if a prelim had occurred, bore no evidence to bind over to trial. When I literally screamed into the phone that afternoon of my disbelief, Tom told me that it was agreed all the felonies would be dropped to misdemeanors upon probation completion. There is no such order in the paperwork nor did my son recall being advised of such by the judge. And in reality, there was no plea bargain because the three year state prison sentence was the first offer ever made and never litigated to reduce. Four hours after court ended, I was informed that my sons discovery was finally picked up by tom. The day before he pled my son to the charges. Never once throughout the 82 court appearances did he even read the evidence the prosecution had against my son. Never once was he ever capable to discuss any of the charges against him. Never once was he competent to proceed because he never once did his job. But the worst part is that tom has several other cases he is defending. Other people are being lied too and represented by this man. I have no doubt that a psychiatric evaluation would declare him incompetent. I did not accept the job working for him as I refused to be held accountable for the only item he ever appears to consult is an appointment book that he has trouble understanding. He has nothing close to an office. Has no legal reference material, must be reminded what his clients names and charges are. Has no record or retainer agreements of clients, collects social security benefits yet still practices law, has no filing system, accounts payable or receivable records, and a alleged paralegal who does nothing more than babysit him. Sadly, the other court officers make jokes about his performance rather than doing the right thing and advise him of his problems, or offer assistance. I am thoroughly convinced that my son would not have received the amount t of time he did if adequate council had been representing him. He allowed his pride to come between his obligation to the people who he swore to defend. This conduct is unethical, unacceptable and un earned. I feel malpractrice allegations are clearly evident in this issue. I just need an Orange County CA attorney to take the case.
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