Ex-Partner of Big Law Firm Convicted of Taking $370,000

A Wisconsin jury has found a former partner of a large international law firm guilty of stealing $370,000 from an elderly client who prosecutors said suffered from dementia.

Dorothy Phinney, now 94, became a client of Milwaukee lawyer Jeffrey Elverman in 2000, when he was a partner at the firm of Quarles & Brady. In 2003 and 2004, Phinney signed checks to Elverman, who held her power of attorney, totaling $370,000. The payments came to light in 2008, shortly after a Milwaukee County judge found Phinney incompetent and appointed a community services agency as her guardian. The guardian has also filed a pending civil suit alleging Elverman took more than $600,000 from Phinney.

At trial, prosecutors presented a caregiver's records showing that Elverman met with Phinney for about an hour a week, on average. To justify $370,000 in fees, Elverman would have had to work 30 hours a week for Phinney at his $150 hourly rate, an assistant district attorney told the Milwaukee County jury.

But Elverman's lawyer countered that although Phinney couldn't name the president or identify a stapler, she understood her own finances well enough to know she wanted Elverman to help her handle them and she intended to pay him the money.

"This case is about Dorothy Phinney's ability to consent," attorney Daniel Drigot told the jury in his opening statement. "It's not about whether she was too generous or Mr. Elverman was too greedy." Elverman did not testify at his trial.

Elverman left Quarles & Brady in 2004 for unrelated reasons. The firm's internal investigation following Elverman's departure raised concerns about his representation of Phinney, but Elverman refused to allow Quarles & Brady to contact Phinney.

Elverman faces up to five years in prison and a fine of up to $25,000.
 
Full story here.

Investigative Report - Guardian Abuse

This is old but reminds me of Josh Mitzen.  At the end, it shows a personal injury lawyer turned guardian.  I wonder what kind of law Josh studied?  He talks like a criminal attorney and suspects everyone of exploiting the elderly and disabled.  You see and meet people exactly like yourself.  What you suspect in others or what you're suspicious of are the same things you'd do to the elderly.  Josh had a very long list of dirty tricks.



It also says at the end that the family had to buy their loved one back.  It's so sad.

Dorothy C. Tyse

Snipped. She was only 83 - a youngster. 

God rest her soul.  She is now safe in his loving arms.

Dorothy “Dotti” C. Tyse, nee Respond, beloved wife of the late Thaddeus, loving daughter of the late Anthony and Angela Respond, dearest sister of the late Henry (Adeline) and the late Norman (the late Marilyn) Respond, dear sister in law of Eleanore Tyse, cherished aunt and great aunt to many nieces and nephews. Prominent Niles local historian and author of “The History of Niles ; 1974” and a proud member of the St John Brebeuf Catholic Woman’s Club and the Golden Age Club, Visitation Sunday 3:00 pm – 8:00 pm, at the Skaja Terrace Funeral Home 7812 N. Milwaukee Ave. Niles, Funeral Monday 10:15 am. To St. John Brebeuf Church Mass 11:00 a.m. Interment Maryhill Cemetery, In lieu of flowers donations for Masses or to your favorite charity appreciated, for Inf. 847-966-7302

Janna Dutton

Snipped.

We don't know what criteria they use in order to hand out those awards or even how important they are?  (Just found out how she got the "leading lawyer" position - lawyers vote for each other so that title doesn't even count because lawyers give each other business.  It's all about $$$.)

Snipped.

(One more thing, she does NOT look like that in person.  They must have had a professional photographer, makeup artist and stylist because I met Howitt and she doesn't look like that either.  Or maybe they photoshopped themselves?)

Probate Sharks

Devon Bank committed a crime.  I found this on probatesharks about Land Trusts

http://probateshark.blogspot.com/

http://law.justia.com/illinois/codes/2010/chapter765/2185.html


The first day Rick and Sally came over, they had Ludwig’s will in their hands. Rick immediately started unloading Ludwig's property (and throwing him into a nursing home) and Sally opened Ludwig's will to his Land Trust document to show him.  Both Ludwig and I asked for a copy of it, she flipped the document closed and said no.  (And it's not like we had to go anywhere either.  Ludwig had a copy machine in his office.)

Janna Dutton (Ludwig's attorney) came over to the house when Ludwig’s sister flew in for his competency hearing. She asked for a copy of his land trust and will. Granted, she speaks German but it’s not so much different from the English language. (Letters are different. Like good is goot in German. On the other hand, if you want to translate the word land it’s land. No miscommunication there.) Dutton blew her off and pretended like she didn’t hear her. Then her translator asked and still nothing. (Dutton was rude to everyone this day, even her own client.)  I asked and I won’t be ignored. Snipped.

Snipped.

I’m talking to an attorney who tells me that banks are corrupt and incompetent. He sues the same bank, for the same thing all the time. He thinks they should just learn from the first lawsuit he files but they don’t, they keep asking for more.