Saturday, June 27, 2009

Lawyer Declares Client Incompetent

After a long-running battle over his handling of an elderly widow’s case, Spokane attorney Steve Eugster has narrowly avoided disbarment.

The state Supreme Court ruled 5-4 that Eugster should instead be suspended from practicing law for 18 months. He will also have to pay $13,500 to the now-deceased woman’s estate.

Justice Tom Chambers wrote for the majority: "Eugster breached his duty to maintain his client’s confidences, used confidences to take action directly contrary to his client’s interests, and created a nightmare for his client who had to spend $13,500 defending a petition to declare her incompetent."

The case involved Marion Stead, an 87-year-old Colville widow who hired him in 2004. Stead wanted Eugster to look into how her only child, Roger Samuels, was handling her finances.

Eugster, a longtime acquaintance, concluded that nothing was amiss. He tried to reconcile the family.

But Stead fired him and hired attorney Andrew Braff. She also hired a professional management firm.

By then, Eugster has said, he felt Stead couldn’t handle her own affairs. He refused to turn over her case file and instead asked a court to appoint a guardian for Stead. She spent $13,500 fighting that.

A court official interviewed more than a dozen people who knew Stead. Virtually all, including her doctor, said she could handle her own affairs.

Chambers wrote: "Eugster fails to explain why his epiphany that his client was incompetent seems to have occurred on the very day he discovered that she had retained new counsel and wanted to discharge him."

Eugster has said he felt that his elderly client was vulnerable, unable to understand her finances, and in danger of being taken advantage of.

Full Article and Source:
High court suspends lawyer Eugster

6 comments:

kimhanhauser1 said...

Hooray for Tom Chambers however the State Supreme Court should have disbarred Eugster..These Attorneys and Judges are criminals and should prosecuted to the fullest extent

Anonymous said...

What law states that an attorney can unilaterally declare a person incompetent? These guys never get the punishment they deserve.

kimhanhauser1 said...

The Lawyers and Judges are so immoral and corrupt, they need to be evaluated by a "Psychiatrist" every three months in order to practice Law...the ruination of peoples lives is totally intolerable ! I pray every day and night for the Elderly...I hope I don't live to be old, after watching the emotional, mental, physical and financial abuse my beloved Mother suffered from in Atlantic County Superior Court...seventeen lawyers were paid from her estate, all to abuse her..2 Judges allowed it...God help us...I will live with this every day for the rest of my life...

helensniece said...

Steve Eugster narrowly avoided disbarment?

Oh, my gosh, he should be disbarred and prosecuted, he is another lawyer with a criminal mind and greed in his heart.

How many Eugster's are out there?

Probate runs like organized crime and those who judge the dirty thieving lawyers are in bed with each other; they are COWARDS!

kimhanhauser1 said...

I can't wait till their own families and their lawyers do it to them...they should all suffer with bed sores and be made to lay in a nursing home for the rest of their lives...god, i hate them!

Anonymous said...

I've been dealing with a similar situation in California. I'm glad somebody here posted about the Eugster case.

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