A Massachusetts probate judge recently ordered prominent Boston family lawyer Gerald Nissenbaum and another attorney to refund a client's estate nearly $329,000 in excess legal fees.Plymouth County Probate and Family Court Judge Stephen Steinberg's Jan. 14 order gave the attorneys 30 days to make the payments.
The Barnstable County probate case, In re Guardianship of Kenneth E. Simon, ended up on Steinberg's docket after the Massachusetts Appeals Court recused Judge Robert Scandurra of the Barnstable Probate and Family Court in December 2007. The decision does not address the basis for that recusal.
According to Steinberg's order, Simon's guardian, E. James Veara of Dennis, Mass.-based Zisson & Veara, and Nissenbaum sought about $500,000 in attorney and guardian fees for an 83-day guardianship of Simon, which ended with Simon's death on Nov. 2, 2005.
Steinberg's order requires Nissenbaum to repay Simon's estate more than $199,000 and Veara to repay more than $107,000. Together, the two lawyers must also repay the estate more than $21,000 for payments to legal vendors during the guardianship.
"From the very beginning of this case, the tactics undertaken by Nissenbaum and Veara were improper," wrote Steinberg, who determined that "Nissenbaum and Veara wildly spent the ward's money." He noted that Veara, who did not return a call for comment, increased his billing rate to $400 per hour for the case from his average $100 to $300 per hour.
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Mass. Judge Orders Two Lawyers to Refund $329K in Excess Fees to Client's Estate
GREEDY VULTURES: E. James Veara and Gerald Nissenbaum WHO sought $500,000 in attorney and guardian fees for an 83-day guardianship with $329,000 in excess legal fees.........shouldn't there be a criminal investigation? Isn't this FRAUD?
ReplyDeleteGlad to see these lawyers in the hot seat! There seems to be so much of this corruption in guardianship cases today with the very people who are to protect. While the lawyers and court appointed guardians point fingers at family members, they need to point at themselves. They are robbing these estates on a regular basis all over the country.
ReplyDeletegeeeeeez how can anyone even a crooked lawyer who has practice in deceit even begin to justify this blatant outright theft via the court under the smokescreen of guardianship? is there any accountability here? what does it take? is anyone or has anyone filed complaints with the BAR ASSOCIATION? these financial predators must be disbarred post haste i'm grateful the judge said hell no on this scheme
ReplyDeleteThank you, thank you, thank you. This makes my day.
ReplyDeleteMaybe this will set a precident? We can only hope.
ReplyDeleteYes, you're right, Sue -- look at what they were raking up.
ReplyDeleteWhat they did was criminal and charges should be filed.
He should be paying interest and a fine as well.
ReplyDeleteThank you , Judge Stephen Steinberg!
ReplyDeleteGerald Nissenbaum's weapon of theft was a bill instead of a gun, but make no mistake, he committed the same crime with the bill as he would have if he were pointing a gun at Kenneth E. Simon.
This should be on the front page of every newspaper in all 50 states. Shameful disgraceful and I hope they get what's coming to them - misery and public humiliation til they die. They must be thrown out of the lawyer's shark tank - enough is enough!!!!
ReplyDeleteDisbarrment? I hope grievences were filed with the bar.
ReplyDeleteThis did not even make the Boston newspapers. Not one word in the Boston Globe! Not one word in the Boston Herald! Not surprising as the attorney is on staff!!! Only the small newspapers wrote about it!!!
ReplyDelete