by Susan El Khoury
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| Before hiring a lawyer, a Missouri woman has a warning she wishes she didn't have to learn the hard way. |
ST. LOUIS (KMOV.com) -- A Missouri woman claims her lawyer didn't tell her he was disbarred, leaving her thinking she had someone representing her case for months.
In Missouri, complaints against a lawyer's license must be submitted to the Office of Chief Disciplinary Counsel. If the Counsel believes there is wrongdoing, the case is sent to the Missouri Supreme Court.
When a lawyer is disbarred, they receive a letter from the Missouri Supreme Court that states they must, "comply in all respects with Rule 5.27." That rule gives people 15 days from when they were disbarred to follow multiple steps, including notifying clients with pending cases in writing.
Donna Vorwold said she never received notice in writing when her lawyer was disbarred.
"I went online and started Googling him and found out he was disbarred and said no," Vorwold recalled. "How can this happen 11 months ago and nobody telling me?"
Vorwold hired John Tresslar to represent her in a lawsuit they filed in 2018.
In October 2020, Tresslar was disbarred when the Missouri Supreme Court found him guilty of professional misconduct. A brief by the Office of Chief Disciplinary Counsel explained that it found Tresslar spent $51,220 of a client's settlement money. According to the brief, Tresslar knew about that misspending and did it again, taking $14,000 from another client's settlement fund. The brief goes on to say Tresslar falsely represented himself as someone's attorney and was dishonest during disciplinary proceedings.
"You're breaking the law if you're playing lawyer and you're disbarred," Vorwold said.
In Vorwold's case, court records show Tresslar is currently listed as her lawyer. Vorwold told News 4 she didn't know she needed to change that until almost a year after Tresslar was disbarred, and the lawyer representing the other side in her suit called her.
"He told me you don't have a lawyer anymore so now it's legal for me to talk to you and I was like what is this guy talking about," Vorwold said.
News 4 Investigates learned Tresslar still has an office in downtown St. Louis. Tresslar wasn't in his office when News 4 stopped by.
During a phone call Tresslar said he stopped working with Vorwold. When questioned if he ever notified Vorwold in writing that he was disbarred Tresslar said, "yea I didn't represent her for any hearings or anything." Tresslar was unable to provide a copy of the written notice and said it was in Vorwold's case file, which he no longer had.
As it turns out, the Missouri Supreme Court required Tresslar to file proof that he followed the disbarment rules. News 4 Investigates learned that record doesn't exist. If the record existed, it should include proof clients were notified in writing, proof that clients were given their complete case files, and proof of a surrendered law license.
"There's no gray area at all, this is a real serious thing," said Attorney Tony Behr, a partner at Behr, McCarter, Potter, Neely & Hyde. "Most attorneys don't even realize what happens until a complaint is filed against them."
Behr was not involved in Tresslar's case, but represented other lawyers and helped them follow the disbarment rules.
"If we don't do it right, then we really haven't served the public," Behr added.
Behr explained that notifying clients can get complicated.
"You have to find the clients first of all, you don't always know where they live," he said.
Once Behr helps find a client, he makes sure they get their case files to bring to a new lawyer.
"We actually hand them the file and have the receipt that they say, I so and so, signed for receipt of my file and then I have them sign and date it," Behr said.
Behr said he uses that signature as part of the proof to send to the court.
It's a step News 4 Investigates learned not everyone takes. A search of Missouri court records for lawyers disbarred in 2021 shows out of nine people, two surrendered their law license, and one submitted an affidavit claiming they took every step. The majority of lawyers disbarred this year haven't followed the court order.
During a second phone call, News 4 Investigates asked Tresslar if he could provide proof he followed the Missouri Supreme Court disbarment rules. Tresslar was unable to do that.
"I certainly did not practice law without a license and any allegation that I did is completely false," Tresslar said on the phone.
Tresslar said Vorwold was his only client with a pending case at the time he was disbarred.
Vorwold is taking matters into her own hands and reported what happened to the Missouri Supreme Court. It's a side of the law she believes she should have been protected from.
"Somebody needs to be following up on lawyers that are disbarred to make sure they're doing the right thing," Vorwold added.
Tresslar said he's still practicing law, just not in Missouri. He is currently licensed in Illinois. Tresslar told News 4 that he plans to reapply to the Missouri Bar.
You can search Missouri lawyer disbarment and discipline records here.
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