For three months, a pair of attorneys hired by a dying Harwich Port millionaire's family were paid to be his guardian.Their fee? Half a million dollars.
The duo — Dennis-based lawyer E. James Veara and Boston attorney Gerald Nissenbaum — also spent $20,000 of their client's money on a private investigator they hired to watch Kenneth Simon's wife, Anne Flaherty Simon.
Both men are now being ordered by a judge to repay hundreds of thousands of dollars to Simon's family, which sued the attorneys after he died in 2005.
Plymouth County Probate & Family Court Judge Stephen C. Steinberg chastised Veara and Nissenbaum for unethical behavior that includes overcharging the 71-year-old's estate as the retired Harwich Port financial manager lay dying at Pleasant Bay Nursing and Rehabilitation Center in Brewster.
"Nissenbaum and Veara wildly spent the ward's money," Steinberg wrote in the Jan. 14 decision.
Veara, who has been practicing at his father's Dennis law firm, Zisson & Veara, for nearly 20 years, called Steinberg's decision "retaliatory."
"Anyone who knows me, knows I'm honest, fair, hard-working and, frankly, I didn't do anything wrong here," Veara said. "I'll pursue my right to appeal."
'Lawyers lost their way'
The two attorneys "paid themselves approximately $500,000 for a temporary guardianship that lasted 83 days," Steinberg stated.
An expert witness for the case claimed guardianship lasting that amount of time should cost between $20,000 and $40,000, according to court documents.
Judge Steinberg ordered Veara to repay $107,741.45, and Nissenbaum to repay about $199,000. They were also ordered to repay the $20,000 spent on a private investigator hired to get dirt on Flaherty Simon.
The Massachusetts Board of Bar Overseers office has an open investigation of the case, and the two lawyers could be penalized further, said Charles Waters, of Sheehan, Phinney, Bass & Green, of Boston, who represented Simon's two sons in the case against Veara and Nissenbaum.
"I think this is a sad story for two lawyers who lost their way ... instead of following their fiduciary duties, they acted in their own self-interest," Waters said.
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Lawyers Ordered to Repay Thousands
5 years spent trying to get justice - glad judge signed order for re-payment - hope it's not dragged out another 5 yrs.
ReplyDeleteIt would appear that this family didn't know anything about "guardianship" before they were enticed into it either!
An expert witness claiming guardianship lasting that amount of time (83 DAYS)should cost between $20,000 and $40,000, according to court documents. Does anyone else view that as highway robbery?
These attorneys stole $500K and only have to repay $300K means they received $200K for 83 days work. The article says it should only cost between $20 and $40K for 83 days work. Don't they get paid by the hour not the days they have the case? Should they get paid for hours involving the private investigator?
ReplyDeleteThis case shows how these lawyers work to keep family members away from their wards; they don't want any real Advocates for wards of the State in long term care facilities: the sqeeky wheel gets the grease. These perps work to bilk the estates to zero and then the taxpayer picks up the tab. Note how long the ward lives after the money runs out to recognize the real horror going on in these cases.
is this what you would call good news bad news? i think i'm in the wrong line of work working for beans although at least i earned it this is insanity and by design wake up folks if you don't spend your money these folks will find a way to spend it .... for you!
ReplyDeleteThese lawyers should be charged with a crime!
ReplyDeleteThank you judge Stephen C. Steinberg!
ReplyDeleteI hope next to hear that they have been disbarred!
Knock me over with a feather! Making lawyers repay the estate? That's unheard of!
ReplyDeleteThanks for a great story.
a half a million for three months of so called work? what a scheme.
ReplyDeletewhat about the judge who rubberstamped the half a million?
Please get these crooked lawyers, and all the rest of them around our country! For less than three months of work, even $20,000 is outrageous! I'm sure that amount did not include the payment to the home and doctors. etc. Only money stolen by the attorneys.
ReplyDeleteHooray for one judge being honest, but what about the others - guardian's attorney, etc., who approved of these payments??