News
Litigation
Jul. 23, 2002
He Wasn't On His Client's Side
From Staff Reports SAN FRANCISCO - James M. Rogers, a Richmond City Council member who advertises himself as the "People's Lawyer," has been hit with a $300,000 malpractice verdict.
Rogers pressured a client to change his testimony and forced him to settle a case for less than its real value, an Alameda County judge found.
The judge said Rogers also employed a "bluff strategy" in which he prepared cases to appear trial-ready but secretly cut costs to realize a profit when he settled the case without his client's permission.
Rogers fell below the professional standard of care, broke several rules of professional conduct and violated the state Unfair Business Practices law, Alameda County Superior Court Judge Ken M. Kawaichi ruled last Wednesday. Wilson v. Law Offices of James M. Rogers, 823761-7
The case was filed by Todd Wilson, an East Bay construction worker who fell from a second-story balcony and shattered his ankle. His injury became infected and his leg was amputated below the knee.
Wilson hired Rogers to represent him. But according to the judge, Rogers failed to adequately retain and prepare an expert witness and ultimately forced Wilson to settle.
"Mr. Wilson was frightened by his attorneys, who he trusted and relied on," said Ross M. Meltzer, a Hayward attorney who prosecuted the malpractice case. "I take a lot of pride in being an attorney. I feel that the oath is a serious thing. And I don't care to be tainted by bad attorneys."
After an eight-day court trial, Kawaichi found that Wilson would have won more at trial, and he ordered Rogers to pay $300,000. He also ordered Rogers not to intimidate clients to change their testimony or withhold a client's money for possible future actions.
The court also found that Rogers committed several misdeeds that didn't affect Wilson, including withholding funds from clients for payment of fees and costs incurred in resisting lien claims.
Michael Boli, who represented Rogers, said the decision was the result of a clerical mix-up, as the judge decided the case without reading his own proposed decision. Boli said he expects the court will vacate the decision.
"This decision departs dramatically and substantively from the court's tentative decision," he said. "There are quite a few erroneous decisions on issues of law. ... I don't think anything Jim Rogers did caused Todd Wilson to suffer any damage or loss."
#298414
Tyler Cunningham
Daily Journal Staff Writer
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com