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The post Once-prominent Bakersfield attorney pleads guilty to insurance fraud – The Bakersfield Californian appeared first on Attorney Legal Counsel.

A Kern County Superior Court judge ruled attorneys representing Tastries Bakery Owner Cathy Miller should be paid $3.62 million after she encountered a financial burden placed upon her by the government “aggressively” pursuing legal enforcement.

Lesbian couple Mireya and Eileen Rodriguez-Del Rio walked into Tastries Bakery in 2017 hoping to get a wedding cake. Miller denied the women the product, saying their wedding violated her fundamental Christian beliefs.

That refusal kicked off a yearslong legal fight in which the California Department of Civil Rights sued Miller, saying she discriminated against the Rodriguez-Del Rios. Another judge ruled against the government and said Miller’s First Amendment rights are protected in 2018. The Fifth District Court of Appeal vacated that decision and sent it back to Superior Court to be relitigated.

Kern County Superior Court Judge Eric Bradshaw ruled in favor of Miller last year and said the California Department of Civil Rights — formerly known as the California Department of Fair Employment and Housing — couldn’t prove she intentionally discriminated against the couple.

In Friday’s ruling about attorney’s fees, Bradshaw noted lawyers Charles LiMandri and Paul Jonna represented Miller for free and they “vindicated the liberties and rights of constitutionally-protected speech and religion, which are important rights affecting the public interest.” They spent a total 3,501.4 hours on this case, the ruling said.

The California Department of Civil Rights promised to appeal Bradshaw’s ruling and added it shouldn’t have to pay attorneys’ fees. Their written statement added that a defendant sued under an act protecting individuals from discrimination must prove the government’s action was “frivolous” and Kern Superior Court determined this particular decision was not “frivolous.”

“The Department disagrees with the trial court that Defendants can recover attorneys’ fees under any other law,” the statement finished.

Judge Bradshaw also said the defendants incurred legal fees for engaging with the news media. Miller received death threats and gay pornography, showing attorneys needed to engage with reporters to talk about their side, the ruling said.

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter. 

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The post Kern judge orders state to pay $3.6M to Tastries Bakery’s attorneys | News appeared first on Attorney Legal Counsel.

A Kern County Superior Court judge ruled attorneys representing Tastries Bakery Owner Cathy Miller should be paid $3.62 million after she encountered a financial burden placed upon her by the government “aggressively” pursuing legal enforcement.

Lesbian couple Mireya and Eileen Rodriguez-Del Rio walked into Tastries Bakery in 2017 hoping to get a wedding cake. Miller denied the women the product, saying their wedding violated her fundamental Christian beliefs.

That refusal kicked off a yearslong legal fight in which the California Department of Civil Rights sued Miller, saying she discriminated against the Rodriguez-Del Rios. Another judge ruled against the government and said Miller’s First Amendment rights are protected in 2018. The Fifth District Court of Appeal vacated that decision and sent it back to Superior Court to be relitigated.

Kern County Superior Court Judge Eric Bradshaw ruled in favor of Miller last year and said the California Department of Civil Rights — formerly known as the California Department of Fair Employment and Housing — couldn’t prove she intentionally discriminated against the couple.

In Friday’s ruling about attorney’s fees, Bradshaw noted lawyers Charles LiMandri and Paul Jonna represented Miller for free and they “vindicated the liberties and rights of constitutionally-protected speech and religion, which are important rights affecting the public interest.” They spent a total 3,501.4 hours on this case, the ruling said.

The California Department of Civil Rights promised to appeal Bradshaw’s ruling and added it shouldn’t have to pay attorneys’ fees. Their written statement added that a defendant sued under an act protecting individuals from discrimination must prove the government’s action was “frivolous” and Kern Superior Court determined this particular decision was not “frivolous.”

“The Department disagrees with the trial court that Defendants can recover attorneys’ fees under any other law,” the statement finished.

Judge Bradshaw also said the defendants incurred legal fees for engaging with the news media. Miller received death threats and gay pornography, showing attorneys needed to engage with reporters to talk about their side, the ruling said.

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter. 

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The post Kern judge orders state to pay $3.6M to Tastries Bakery’s attorneys | News appeared first on Attorney Legal Counsel.

All local private attorneys may be assigned to represent indigent clients as soon as next Friday, whether they like it or not.

In a letter sent to the Scott County Bar Association late this week, Seventh District Judge Henry Latham said the court will begin assigning private attorneys in Scott County to defend people who cannot afford an attorney as soon as March 17.

“If there is not a significant increase in the number of contract attorneys by March 17th, the Court will have no choice but to appoint all licensed attorneys to cases to meet the need of the indigent defense in this district the following week,” Latham said in the letter.

The county uses full-time State Public Defenders and other attorneys under contract with the county to represent the indigent and to meet the demand. The private-practice attorneys would be required to represent indigent defendants on a case-by-case basis.

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Latham’s decision comes after he put out a call for contract attorneys in October of 2022. He sent the letter to all attorneys in the Seventh District Bar Association, detailing how the State Public Defender notified all the judges in the district that the Davenport Public Defender’s office would represent defendants only in the most serious felony and misdemeanor cases.

According to the judge, public defenders in Davenport can handle Class A and B felonies, but there are not enough of them to represent defendants in lower-class C and D felonies. Making the matter worse is a lack of contract attorneys in Scott County, which are private attorneys who are paid by the State Public Defender.

The reactions to Latham’s letter have been mixed.

Eric Tindal, a contract attorney who handles some cases in Scott County, said he understands the need for Latham’s letter. Local private attorney Eric Puryear said he will not accept contract work, because he finds it “morally offensive.”

Both attorneys agreed the state faces a number of intertwined issues when trying to find representation for poor clients and must take a hard look at how much contract attorneys are paid.

Eric Tindal is part of the firm Keegan, Tindal & Jaeger, which has offices in Iowa City and Davenport. He is a contract attorney who in 2022 represented indigent clients in four judicial districts and approximately 25 counties, including Scott.

“I was not surprised to get Judge Latham’s letter,” Tindal said. “Indigent defense is a national crisis.”

He offered some numbers for perspective.

“There are 370 attorneys on the contract list in Iowa,” Tindal said. “Now exclude the contract attorneys in Des Moines and in the Johnson County and Linn County corridor, and you have 311 attorneys for the rest of the state.

“Last year there were right about 47,000 claims. That means, basically, the number of bills attorneys sent to the state for services — (were) sent to the State Public Defender’s Office by less than 400 attorneys.”

That’s 127 services-for-clients claims per contract attorney in the state.

“There is an incredible strain on the public defense system in Iowa,” Tindal said. “And the situation in Scott County is one of the worst in the state.”

Because of that strain, he understands the need for Latham’s decision and added “the reasons for a lack of contract attorneys in Scott County are complex.”

“It goes beyond not having enough attorneys,” Tindal said. “Historically, the Scott County attorney‘s office has been difficult to deal with in terms of the discovery process — being able to easily see video evidence is just an example.”

He said “progress has been made” on that issue.

“The other issue has been that Scott County’s scheduling and procedural system has not been conducive to attracting out-of-county attorneys to work on cases in that county,” he said. “It has simply been hard to see clients and work with the prosecutors.”

He again stressed “the situation has been improving.”

“The County attorney‘s office has definitely been making progress,” Tindal said. “Everyone is pulling in the right direction.”

There are three things that can be done in Scott County to improve the prospects of luring contract attorneys, he said.

“One, make processing discovery easier for the defense attorneys,” he said. “Two, make reasonable plea offers and make them earlier in the process. And three, it would be nice if the County attorney picked up the phone and talked with defense lawyers.”

Back in late December, Tindal sent a letter to Susan Larson Christensen, the Chief Justice of the Iowa Supreme Court, outlining the complex issues threatening indigent defense in Iowa.

He touched on the issue of what contract attorneys are paid.

“There is no dispute: the hourly rate must be increased. There is no need to belabor this point. Briefly, however, we will note how important it is to put the rate issue into context … in 1979 the rate was $40 per hour, which was an increase from the pre-1978 rate of $25.00 per hour,” Tindal wrote. “The hourly rate has increased some over time, but it has come nowhere close to the rate necessary to maintain a business. By most calculations, $40.00 is worth approximately $145.00 today.

“To state the obvious, Iowa’s court appointed rates for contract attorneys requires us to operate at or near an operational loss.”

Contract attorneys representing clients charged with Class C and D felonies are paid $68 an hour. Those representing Class B felonies make $73 an hour, and attorneys handling Class A felony cases are paid $78 an hour.

Several former contract attorneys who worked for the the Iowa State Public Defender pointed out contract attorneys in Illinois make much more — at least $126 an hour — while attorneys contracted through the Federal Defenders program make $150 an hour.

According to a number of private attorneys in Davenport, hourly rates for most legal work start at $225 an hour. Most divorce cases land in the $350- to $400-an-hour range, and criminal defense can run even higher.

Private attorney Puryear said it is his opinion that the pay rate for contract attorneys in Iowa is so low because of basic “structural deficiencies” in the state’s public defense system.

“It’s a choice,” Puryear said. “State’s attorney‘s offices are budgeted much more than the Public Defender’s office. The police budgets of most cities are enormous.

“We have a system in Iowa where a person who makes, say, $15 an hour gets accused of a crime and has to bail out of jail. That alone will wipe out most bank accounts. And then you have to try and pay for an attorney. The system is set up to keep people in that system and puts them at a huge disadvantage.”

Tindal said he didn’t have hard numbers, but estimated upwards of 90% of the people arrested in Iowa qualify for a public defender.

“If Iowa cared about getting people good criminal defenders, they would pay for it,” Puryear said. “The pay rate sends a clear message to the clients of public defenders about just how important their rights are.”

‘This is akin to slavery’

Latham’s letter expressed frustration with the private attorneys in Scott County and the Seventh Judicial District.

“I am completely disappointed at the lack of response that the Court has received from the bar. To date there has been only one attorney who has contacted the Public Defender to become a contract attorney,” he wrote.

Puryear said he has no intention to volunteer for what he calls a “purposely broken system.”

“Here in my office, two attorneys have devoted about 100 hours so far in 2023 to representing people who cannot afford legal help,” he said. “But I’m not going to be compelled to support a purposely defective system.

“The state gives huge amounts of taxpayer money to those who investigate, arrest, prosecute, and jail citizens, and at the same time purposefully deprives those citizens of the means to have a fair defense.”

Puryear added: “The state doesn’t pay public defenders or contract attorneys enough, creating a shortage of defense attorneys for indigent clients. Then Judge Latham asks all of us to support this system by working for the state at rates way below what we would normally be paid. It’s ridiculous.”

It is “ironic,” he said, that the state wants attorneys to volunteer to serve as contract attorneys.

“Judges certainly don’t volunteer their time to help with cases,” he said. “Do prosecutors donate their time to help clients? Police officers aren’t asked to volunteer time to do their jobs.

“Why are defense attorneys asked to do this? This is a big problem. I’m not exaggerating when I say this akin to slavery. Slavery is compelling people to work against their will. That’s what this is.”

Puryear said he is much more interested in hearing how the state is going to fix what he calls “the system.”

That system is headed up by Jeff Wright. He is the director of Iowa’s State Public Defenders Office and reports directly to Gov. Kim Reynolds.

Under Wright’s office, 200 employees in 10 local Public Defender Offices and the Appellate Defender’s Office provide representation for poor and low-income people in all of Iowa’s 99 counties.

According to Wright, the Public Defender’s office in Davenport has a staff of eight, but three of them are not attorneys. The office is down three attorneys, and the state’s job board shows a listing for at least one — public defender fellow — open.

It pays between $55,000 and $85,000 per year.

“Maybe we can look at bail set so high people can’t afford an attorney,” Puryear said. “And look at the number of Public Defenders there are in the state and what they are paid.

“I’m tired of seeing the responsibility for the broken public defenders system placed on private attorneys. It’s not acceptable.”

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The post No volunteers, so local attorneys may be required to represent the poor appeared first on Attorney Legal Counsel.

Billings Gazette

Billstein, Monson & Small PLLC is pleased to announce that two of its lawyers have been recognized in the 2023 edition of The Best Lawyers in America. Attorneys recognized by Best Lawyers are divided by geographic region and practice areas.

Shane Coleman is recognized in practice areas of litigation – ERISA and intellectual property and patent, with a specific focus in the appellate practice area. Michael Monson is recognized in practice areas of commercial finance law, commercial transactions/UCC law and corporate law.

In addition, Billstein, Monson & Small PLLC has been named a Tier 1 firm in Billings for commercial finance law and received three Tier 2 rankings in commercial transactions/UCC law, corporate law, and real estate law.

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The post Two attorneys with Billstein, Monson & Small recognized in Best Lawyer directory appeared first on Attorney Legal Counsel.

Billings Gazette

Billstein, Monson & Small PLLC is pleased to announce that two of its lawyers have been recognized in the 2023 edition of The Best Lawyers in America. Attorneys recognized by Best Lawyers are divided by geographic region and practice areas.

Shane Coleman is recognized in practice areas of litigation – ERISA and intellectual property and patent, with a specific focus in the appellate practice area. Michael Monson is recognized in practice areas of commercial finance law, commercial transactions/UCC law and corporate law.

In addition, Billstein, Monson & Small PLLC has been named a Tier 1 firm in Billings for commercial finance law and received three Tier 2 rankings in commercial transactions/UCC law, corporate law, and real estate law.

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Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
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The post Two attorneys with Billstein, Monson & Small recognized in Best Lawyer directory appeared first on Attorney Legal Counsel.

Nolan Clay
The Oklahoman

OKLAHOMA CITY — Two attorneys who made millions of dollars representing the state in legal actions against opioid companies have been fired.

In a sharply worded letter, Oklahoma’s new attorney general terminated the contract with Michael Burrage and Reggie Whitten on Feb. 14.

“While your efforts under the Contract have certainly succeeded in enriching yourselves far beyond what you deserve, those efforts have fallen far short of delivering the results that Oklahomans are entitled to receive,” attorney General Gentner Drummond wrote.

Their Oklahoma City-based law firm, Whitten Burrage, will pocket over $34 million in fees under the arrangement, according to the letter.

The attorneys said Monday they are very proud of the work that helped the state recover more than $900 million in settlements to fight the opioid crisis.

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“Our Contract complied with Oklahoma law and we fully performed the services provided for in the Contract,” they said. “Courts have approved our fees multiple times and found them to be fair, reasonable and compliant with both the Contract and Oklahoma law.”

The termination of the contract was expected because Drummond criticized it when he first ran for attorney general in 2018 against Mike Hunter.

Drummond denounced the no-bid contract at the time as a political payoff to campaign donors. He also complained there was no limit on how much the attorneys could make.

“Opioid crisis victims lose. Taxpayers lose. Mike Hunter’s political cronies win millions,” a narrator said in a TV ad. “It’s time to stop insider deals.”

In his letter, Drummond wrote: “I was not the only Oklahoman to find the whole arrangement objectionable. The Legislature and Governor wisely took action to ensure that such a back-room deal could not be struck again.

“What should have been common sense then is law now.”

Whitten and Burrage, a former federal judge, turned for help in the litigation to a Texas-based law firm, Nix Patterson. It also made millions of dollars for its efforts.

The last attorney general, John O’Connor, praised the outside attorneys in a news release Jan. 4 “for their professionalism, hard work and dedication over the past five years.”

Oklahoma reached a number of settlements in its opioid litigation, most notably in 2019 when Purdue Pharma, the maker of OxyContin, agreed to pay $270 million.

It also won a trial against Johnson & Johnson and its subsidiaries. The pharmaceutical giant in 2019 was ordered to pay the state $465 million to combat the opioid crisis.

The Oklahoma Supreme Court threw out that verdict, though, two years later. Justices in a 5-1 decision found the company should not have been found liable for the opioid epidemic under Oklahoma’s public nuisance law.

In his letter, Drummond noted outside attorneys got $52.5 million in fees out of the Purdue settlement.

“Your firm’s staggering share of this settlement was over $16 million,” he wrote. “Had the Contract implemented even a 15% cap, as has been done in other similar opioid settlements, Oklahoma citizens would have benefited from an additional $12 million to fight the present and continuing effects of opioid addiction.”

He also blamed Whitten and Burrage for the loss at the Supreme Court in the Johnson & Johnson litigation.

“Your misguided efforts to hold Johnson & Johnson liable for its role in the opioid crisis solely through an untested use of Oklahoma’s public nuisance doctrine resulted in the squandering of a multi-million-dollar recovery for the State,” he wrote.

“Your firm had an obligation to provide competent representation, but by stretching the limits of settled law as the only foundation for recovery, you clearly erred and, in turn, failed in your obligations. In short, I believe that you cut corners for a quick pay day.”

He also complained the attorneys made an “unconscionable” deal with O’Connor on Jan. 6 to secure additional funding from a settlement that was “not negotiated by your firm.”

Drummond attached to his letter a Jan. 6 article from The Wall Street Journal about Burrage’s purchase of three condominiums last year in Fort Lauderdale, Florida, for $13.45 million.

“It is evident that each of you personally benefitted from the excessively profitable payment provisions of the Contract that I am terminating,” he wrote.

In their statement to The Oklahoman, Whitten and Burrage said they voluntarily waived substantial fees and expenses so the state would have more money for the opioid fight.

They said the more than $900 million in settlements put Oklahoma in the top 10 of all states in per-capita recovery. They said the dedication to the fight in Oklahoma “paved the way for leaders across the country to recover billions for their own states.”

“The State’s settlement with Purdue was groundbreaking. Four years later, Oklahoma is still the only state to have ever received a penny from Purdue.”

They said they remain available to help the state if and when called upon.

Hunter in 2018 said he picked Whitten and Burrage because they were two of the state’s most successful lawyers. He also said they were committed to the opioid fight because of personal tragedies.

“They are pouring their hearts and souls into this case because they want the deaths of their loved ones to mean something,” said Hunter, who resigned in 2021.

Whitten and Burrage did not get paid anything for their months of work against Johnson & Johnson because the Supreme Court threw out the verdict.

January 2023: Oklahoma’s fight against the opioid epidemic reaches new settlements worth $226 million

On January 4, Oklahoma agreed to settlements with three major pharmacy chains and an opioid manufacturer. ABC News reports that the settlements total over $226 million.

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The post Oklahoma AG fires outside attorneys from opioid crisis litigation appeared first on Attorney Legal Counsel.

PIERRE — A task force to determine issues faced by legal defense services in South Dakota is almost inked into law. Following a 34-1 vote in the Senate, the bill will now go to Gov. Kristi Noem’s desk for final approval.

The 13-member task force was called for by the South Dakota Supreme Court Chief Justice Steven Jensen in his annual state of the judiciary speech and will seek to address how the state could better support defense services for indigent parties, something officials have said has been a piecemeal process handled at the county level.

Throughout hearings, supporters of the task force spoke to the drain on county resources when defendants, who are constitutionally required to have representation, use court-appointed attorneys that then bill the county for their legal services.

It was estimated that counties, who foot the bill for indigent defense cases, spent at least $20 million on such defense services and were reimbursed 3% in 2022. However, the state does not fund reimbursements.

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“The counties can do their best to collect those fees from those defendants to be paid back,” said Greg Sattizahn, a lobbyist for the Unified Judicial System. “I will tell you, from all my conversations with county auditors, that’s very difficult to do to expect that those fees get paid back.”

Some have proposed creating a regional public defenders office, similar to the three public defender offices in Minnehaha County, Pennington County and Lawrence County. The main hope is the task force will figure out best solutions for providing defense services to those who can’t afford it and the lawyers defending them.

Because of an emergency clause attached to the bill, the UJS-headed task force could pick members as soon as Noem signals approval rather than wait until July to start.

What are defense attorneys currently facing?

In his address to the legislature, Jensen said there’s an issue trying to find attorneys to represent clients in rural areas. Most of the time, the 63 counties without public defender offices contract with private attorneys or rely on a list of court-appointed attorneys.

Sen. David Wheeler, R-Huron, who works as a criminal defense attorney, agreed.

He said defense attorneys who travel to take cases in smaller counties tend to take a financial hit. That’s because they get reimbursed a dollar per mile, rather than for the time spent on the travel, something unchanged since Wheeler started practicing law in 2006.

Senator David Wheeler asks a question of one of the investigators during the impeachment trial of attorney General Jason Ravnsborg on Tuesday, June 21, 2022, at the South Dakota State Capitol in Pierre.

But if the UJS, which sets the reimbursement rate for attorneys, were to raise the dollar amount on reimbursement, counties would also be financially impacted.

In large cases, such as abuse and neglect cases, when there are numerous defendants, the county can be tasked with finding multiple attornies.

“How do you provide that service without breaking the bank of counties?” Wheeler said.

What are the goals of the task force?

The task force will include four members appointed by Jensen, three county representatives, two lawyers, two lawmakers, one from the Senate and one from the House of Representatives, a state’s attorney and a member of the attorney general’s office.

They will look at five areas. Those areas include:

Identifying how legal services are delivered in the state to indigent parties in criminal, juvenile, child abuse and neglect cases;

Recommending ways to improve the delivery of legal services to indigent parties;

Recommending methods to provide services for conflict cases where local public defenders may be unable to take cases;

Addressing how to ensure competent representation is provided to indigent parties; and

Identifying potential funding options for the delivery of legal services for indigent parties.

What does the public defender office look like in Minnehaha County?

There are 27 public defenders who make up the public defender’s office located in Sioux Falls, said Traci Smith, head public defender via email.

While the public defender’s office closed 8,112 cases in 2022, up 6% from 2021, she said the numbers don’t often tell the stories of how many clients they represent who have multiple cases.

“A homeless client may have multiple arrests for unlawful occupancy. An addict may have two or three possession of controlled substance charges,” Smith said. “These individuals are not just numbers, but require valuable resources.”

Smith said with the rising cost of indigent defense across the state, she believed the statewide study would be valuable.

This story originally ran in the Sioux Falls Argus Leader. You can read that version here. 

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The post New South Dakota task force aims to better support attorneys defending residents in legal trouble appeared first on Attorney Legal Counsel.