excessive fees

Legal, Compliant, And Wrong: A Law Firm Helps Two California Cities Prey On Their Own Citizens

/ Jack Marshall / 18 Comments

Here’s something to be thankful for: be thankful you don’t live in Indio or Coachella California, where unscrupulous city governments and an enterprising law form conspire to fleece their citizens. It works like this:

Step One:  Indio and Coachella hire a private law firm, Silver & Wright, to prosecute citizens in criminal court for minor property violations of city ordinances. These result in small fines for infractions like not mowing the yard or selling lemonade without a business license.

Step Two: The citizens go to court, plead guilty, and pay the fines,

Step Three: They get a bill in the mail for a huge fee from the law firm that the city hired to prosecuted them. This fee is for the cost of the prosecution. Thus a fine for a couple of hundred dollars explodes into a legal bill of four or five figures.

Step Four: If the citizen objects, the law firm raises the fee demand.

Step Five: If the citizens can’t pay, the law firm threatens to take their homes.

The law firm that runs this brilliant operation is Silver & Wright, and it has been going on for years. The Desert Sun, in an investigative journalism effort, revealed this unholy alliance of municipality and law firm, and now, with public scrutiny, it just might be on its last legs. Thankfully.

The 18 cases examined by The Desert Sun come under the heading of nuisance property abatement, violations of law that are too  inconsequential to involve the county’s real prosecutors, the Riverside County District Attorney’s Office. Thus Silver & Wright steps in. Contract prosecutions are a profit center for the firm, which explains on its website that it specializes in code enforcement and “cost recovery,” boasting

“Our attorneys have developed unique and cutting edge practices to achieve success for our clients and make nuisance abatement and code enforcement cost neutral or even revenue producing.”

Indio contracted with Silver & Wright in 2014, and Coachella followed in 2015. Within a year of hiring the firm, both city councils created new nuisance property ordinances empowering the cities to seek prosecution fees without getting  approval from a judge. Then Silver & Wright started taking east valley property owners to criminal court. Continue reading →

Case Study: Governments That Waste Money And The Consulting Firms That Help Them Do It, As D.C. Hands Out $90,000 For….WHAT????

/ Jack Marshall / 7 Comments
Great. Thanks a lot, D.C. government.

Great. Thanks a lot, D.C. government.

There is so much to be outraged about regarding the Washington, D.C. “Parent and Family Engagement Summit”  hosted by the city’ s Office of the State Superintendent of Education (D.C. likes to think of itself as a state; it’s cute) in September, it’s hard to know where to start. I  also find it hard to type when I’m trying to stop my head from exploding.

1. Let’s begin with the fact that the city paid nearly $90,000 to a Chicago consulting firm to help it hold the conference, which was only one day, which is to say, about 6 hours, long. This is what having the federal government in your back yard will do to a municipal government’s sense of responsible stewardship. For perspective, think about this: the payment to Chicago-based SPC Consulting exceeds by $12,000 what the average D.C. Public Schools teacher earns in a year for actually doing something. I don’t know what a “parent and family engagement summit” is, but I have a pretty good idea what this one was: an Office of the State Superintendent of Education show-and-tell, so parents could learn what the city is allegedly doing about educating its kids. And I must say, the parents learned, if they were paying attention, what it’s doing, which is wasting their money. Continue reading →

Unethical To Be Too “Hard-Working”

/ Jack Marshall / 3 Comments

Toledo, Ohio attorney Kristin Stahlbush has been suspended from the practice of law for two years for repeatedly over-billing the Lucas County juvenile and common pleas courts for her services as a court-appointed counsel representing low-income clients. On multiple occasions, Stahlbush billed more than 24 hours a day.

From the Legal Profession Blog:

“The Court agreed with the board’s conclusions that by knowingly billing for more hours than she had actually worked, [the attorney] violated the state disciplinary rules that prohibit charging an excessive fee; engaging in conduct involving fraud, deceit, dishonesty or misrepresentation; engaging in conduct prejudicial to the administration of justice; and engaging in conduct that adversely reflects on the attorney’s fitness to practice law.”

In the opinion, the Court said it did not impose more stringent penalties because she had no prior record of disciplinary issues,and was known as a competent and hard-working.

More than 24 hours a day? I’d say she’s hard-working, all right.