| ► Attorney Justin M. Smith of Beachwood, OH; greedy loser |
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Attorney Justin M. Smith of Beachwood, OH; greedy loser
The state of Ohio presented Justin Martus Smith with a law license in 2002 after he graduated from the Case Western University Law School.
Disciplinary Counsel of the Ohio Supreme Court found Justin guilty of the following misconduct.
Charged at least two clients excessive fees (cheater)
Failed to provide competent legal representation (moron)
Justin represented Louis and Florence Reiger who were injured in an auto accident as passengers in a car driven by Marvin Stelzer. They both required medical treatment and hospitalization. Justin then visited Florence at the hospital and presented her with an agreement for 33 1/3% of any settlement if settled w/o filing a lawsuit, 40% if suit was filed, and 45% following a trial or appeal. Justin then instructed Florence to sign her name and her husband’s name to the fee agreement even though Justin knew she didn’t have a power of attorney to so act.
Since Louis and Florence were residents of New York, they were insured by State Farm which included personal injury protection (PIP) coverage of $175,000 per person. Under New York PIP law, no-fault insurance is paid w/o a determination of liability and the claims are paid directly to medical service providers. Furthermore, New York law does not permit an attorney to collect a contingent fee on PIP payments.
Subsequently, Geico paid the limit of $100,000 to settle Florence’s claim v. Seltzer. Justin endorsed the check by signing his name and that of Florence and Luis and added a false POA (power of attorney) after each signature. Justin then applied for PIP coverage on behalf of Louis and Florence, but a hospital had already applied for PIP coverage on their behalf and as a result State Farm paid the hospital the policy limit of $175,000. Based on Jason’s application, State Farm paid $33,152.91 in PIP coverage to another hospital for Florence. Justin then had the audacity to collect 40% in attorney fees on the PIP recovery even though he never filed a lawsuit v. State Farm and it was illegal to collect fees under New York law.
Subsequently, Florence and Louis sued Justin and his law firm for legal malpractice and excessive fees. The case settled when the firm agreed to repay the fees received on the $83,261 PIP coverage. Justin’s malpractice carrier also paid $18,784 to Louis and Florence.
As a consequence of his misconduct, the enablers for Attorney Misfits sitting on the Ohio Supreme Court punished Justin by gifting him with a complimentary reprimand.
As we speak (ca. June 2012) Justin practices law with J.M. Smith Co. LPA at 24400 Highpoint Road in Beachwood, Ohio which is a suburb of Cleveland.
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