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An Article
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Attorneys, Peters and Freedman, Ordered by Court to Pay Sanctions for Not Answering Questions
March 14, 2004
By
Legal Eagle
Copyright AHRC News Services
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Yeah!!!!! I hope that the attorney's of Peters and Freedman will hang! Lawyers like this that prey on homeowners misfortune should not be allowed to practice "law" --- they should be disbarred for misusing of the legal system!
I know that so many homeowners truly want to pay their honest bills - they simply need to not have these bills turn into a huge nightmare over fines, legal fee's, and the like.
Anyone with any sort of moral fiber should be for helping these people get back on their feet by making sure that any fines or other penalties be small, reasonable ones.
I am shocked at how many people seem to be in on this Homeowner Association scam!
Posted Mar 9 2005 8:48AM CET
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Dennis Faulkner
(View Profile)
Lakeside, California |
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HI there. Am thrilled they were sanctioned. They are required to report when sanctioned over $1000. I have included information from the State Bar's website.
§6068. Duties of Attorney - It is the duty of an attorney to do all of the following:
(a) To support the Constitution and laws of the United States and of this state.
(b) To maintain the respect due to the courts of justice and judicial officers.
(c) To counsel or maintain such actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.
(d) To employ, for the purpose of maintaining the causes confided to him or her such means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
(e) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.
(f) To abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.
(g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.
(h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.
(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against the attorney. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States or any other constitutional or statutory privileges, nor shall this subdivision be construed to require an attorney to cooperate with a request that requires an attorney to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney's practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her.
(j) To comply with the requirements of Section 6002.1.
(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.
(l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline.
(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.
(n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt.
(o) To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following:
(1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.
(2) The entry of judgment against the attorney in any civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.
(3) The imposition of any judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).
(4) The bringing of an indictment or information charging a felony against the attorney.
(5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of any felony, or any misdemeanor committed in the course of the practice of law, or in any manner such that a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or any such misdemeanor.
(6) The imposition of discipline against the attorney by any professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.
(7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.
(8) As used in this subdivision, "against the attorney" includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney's knowledge already been reported by the law firm or corporation.
(9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.
(10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline. (Origin: Code Civ. Proc., §282. Amended by Stats. 1985, ch. 453; Stats. 1986, ch. 475; Stats. 1988, ch. 1159; Stats. 1990, ch. 1639; Stats. 1999, ch. 221; Stats. 1999, ch. 342.)
Posted Mar 8 2005 8:37PM CET
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Anna Gregorian
(View Profile)
El Cerrito, California |
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Does anyone know an honest, strong, proactive and aggressive attorney with an excellint track record on CCR and homeowner association matters.
We want the best out there. Please if anyone knows of someone, post it as soon as possible.
Posted Mar 8 2005 7:40PM CET
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Username withheld
, California |
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Who is the judge that had the courage to actually sanction these criminals? What??? A judge who follows the law?? Did I read this right? Are you sure this happened in California? This isn't a joke is it?
Posted Nov 2 2004 11:06AM CET
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JUDY DOYLE
(View Profile)
, California |
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i heard that a sanction of $2000 or more is an automatic "BAR REVIEW". Does anyone know if this is true? If it is, when is the review for this one...?
Also, daes anyone think it would be a good idea to contact the California Bar Association and see if the many of us who are sick of Peters and Freedman could get a hearing before the Bar? Maybe we could all go together? I would how big the hall would need to be - perhaps the San Diego Convention Center???
Posted Mar 26 2004 4:07PM CET
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Username withheld
San Diego, California |
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The case Number is GIN026443
Brook Hills Homeowners Association (plaintiff) v Bass (defendants)
in North County division of San Diego Superior Court.
The sanction was paid by the plaintiff's' attorney Peters and Freedman LLP, on October 28, 2003, to defendants James and Sonni Bass
The Management Company for Brook Hills is NN Jaeschke of San Diego.
We don't know if the sanction fee of $2,000. was sent on the the HOA, but more than likely it was because it was a fee in the lawsuit. Good question.
Posted Mar 15 2004 1:03AM CET
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Username withheld
San Diego, California |
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Hey Legal Eagle, do you think everyone knows the meaning of "feckless?"
Here is the Webster Dictionary definition:
Main Entry: feck·less
Pronunciation: 'fek-l&s
Function: adjective
Etymology: Scots, from feck effect, majority, from Middle English (Sc) fek, alteration of Middle English effect
1 : WEAK, INEFFECTIVE
2 : WORTHLESS, IRRESPONSIBLE
- feck·less·ly adverb
- feck·less·ness noun
Posted Mar 15 2004 12:24AM CET
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Cecilia Taylor
(View Profile)
San Diego, California |
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Who is the Law Firm and/or attorney that was sanctioned?
Who is the Property Management Company?
What is the Case Number?
Who actually pays the sanctions? Is it the Law Firm, Property Management Company or the Association (Homeowners)?
Posted Mar 14 2004 9:15PM CET
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Username withheld
Chula Vista, California |
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