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 JACKSONVILLE, FLA---Florida attorney Jeffrey R. Hill was employed by the Jacksonville law firm, Farah, Farah & Abbott, PA, in 2004 when he says he discovered the firm was regularly charging and collecting clearly excessive costs from its personal injury clients without their knowledge.
According to Hill, "The firm (aka the Law Offices of Eddie Farah) was routinely 'padding' costs charged to clients and had been doing so for  several years. The overcharges were frequently $300 or more per case and the firm required clients to sign settlement statements certifying that they agreed with the falsified costs figures before any portion of their settlement proceeds would be paid to them, Hill says. "The firm's contingency fee contracts, accounting records and settlement statements clearly document its overcharging practices." http://www.eddiefarah.com/ and http://www.floridasecuritiesfraud.com/
Hill resigned from the law firm in October 2004 because of what he terms the firm's fraudulent overcharging practices which he says presented him with irreconcilable conflicts of interest as an attorney representing its clients.
"In my professional judgment," Hill says, "the firm's clients must be informed of its practice of misappropriating funds from similarly situated clients. Without that information, clients cannot make informed decisions concerning the law firm they choose to entrust with their legal representation. On the other hand, disclosure of such information would expose my employer and its principals to risk of financial, professional and criminal sanctions. These unavoidable circumstances created conflicts of interest requiring my immediate resignation," Hill says.
Hill says he considered the conflict sufficiently urgent to forego giving advance notice of his resignation. He explains, "I couldn't very well say here's two weeks notice of my resignation because you have been defrauding your clients and I've reported you to the State Bar. I didn't think that would be a workable situation. What would I do for the two weeks, inform the client that the firm was defrauding other clients, or keep my mouth shut and-and-and violate my obligations to the client?"
An appeal is pending before Florida's First District Court of Appeal relating to Hill's entitlement to unemployment compensation benefits given the basis for his resignation. Appellate briefs have been filed by all concerned parties. Hill's detailed resignation letter and the appellate briefs are available on Hill's personal web page, "Hill's Peek", at http://home.comcast.net/~email4hill/wsb/index.html.
Why is Mr. Hill speaking out publicly about his experience with the Law Offices of Eddie Farah? He explains, "It's been over a year since I first reported the firm's overcharging practices. It overcharged hundreds of unsuspecting clients over a period spanning several years and the combined misappropriated funds are estimated at several hundred thousand dollars. Local and State of Florida agencies and officials have been astonishingly apathetic about even investigating. Defrauded clients remain unaware they are owed return of their money. It's hard to have faith in a system that allows such attorney misconduct to go unacknowledged and uncorrected even after it's been identified, documented and reported. Plainly stated, justice hasn't been served and nobody seems too concerned about it". Hill says.
Hill says that according to the Florida Bar's web site, "The Florida Bar has an important role in the regulation of lawyer misconduct. A complaint of unprofessional conduct against a Florida Bar member is a serious matter. The processing and investigation of inquiries and complaints are a basic responsibility of the Bar as mandated by the Florida Supreme Court. The Bar seeks to protect the public from unethical lawyers."
In September 2004 Hill says he reported his concerns over the law firm's alleged overcharging practices by letter to Donald M. Spangler, Esq., Chief Branch Discipline Counsel for the Florida Bar. Hill says his letter included supporting documentation from 10 exemplative cases in which the firm allegedly grossly overcharged clients and pointed out, "The documentation is being provided in only 10 cases, but the practice of overcharging clients for costs in this manner is widespread at the firm. There are likely hundreds and perhaps thousands of files in which the firm has overcharged clients for costs in this manner without their knowledge", Hill said.
Hill says to his surprise, a full year went by with no contact from the Florida Bar to investigate his allegations of widescale fraud and misappropriation of clients funds. Despite the egregiousness of the reported alleged misconduct, Hill says he received no inquiries whatsoever from the Florida Bar by letter, telephone or email. In January 2005, the office of Attorney General Charlie Crist declined to investigate allegations of the firm's overcharging practices, ostensibly because the Florida Bar's was the appropriate agency to address them.
Hill says he followed up with Spangler at the Florida Bar in September and October. By email dated 10/27/05, Mr. Spangler succinctly responded, "The file to which you refer was closed. The grievance committee considered the matter after investigation and an audit by the Bar staff auditor, and found there was no probable cause to pursue disciplinary proceedings. They did elect to send a letter of advice to the firm."
Hill says he finds it difficult to fathom how the Florida Bar's grievance committee could reach an informed decision concerning probable cause to pursue disciplinary proceedings without ever even contacting him as the person reporting the misconduct. Hill has requested a copy of the Florida Bar's file and inquired about the scope of its "investigation".
Hill questions what happens now to the hundreds of clients allegedly overcharged by Farah, Farah and Abbott. "Who ensures that the victims are notified they were overcharged and get their money back from the firm? Does the Florida Bar contact Florida Attorney General Charlie Crist's office and let it know it has the 'all clear' to investigate and, if appropriate, prosecute?" Hill says these are not intended as rhetorical questions and he has requested responses from the Florida Bar. Of particular concern is Hill's question, "Mr. Spangler, are you satisfied as Chief Branch Discipline Counsel for the Florida Bar that my allegations of misconduct by Farah, Farah and Abbott, PA, have been adequately investigated and that no further action is necessary?"
Hill says he's not satisfied and reflects, "I've been a lawyer for over 17 years and this experience almost makes me wonder if I'm naive in believing the misuse of client funds to be among the worst offenses a lawyer can commit."
Hills says anyone believing they may be among those who were overcharged by Farah, Farah and Abbott, PA, should contact the Florida Bar at 850-561-5600. 11-23-05
© 2005 North
Country Gazette
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