Fugitive lawyer had lost license

[Guest guest]

Fugitive lawyer had lost license

As news spreads, officials learn of more victims

The Monterey County Herald

By VIRGINIA HENNESSEY

Herald Salinas Bureau

http://www.montereyherald.com/mld/montereyherald/news/15276785.htm?

source=rss & channel=montereyherald_news

In 1985, Enrique Chavez bought a mobile home and placed it on a

piece of property in Royal Oaks. For years he dealt with faulty

plumbing that caused mold and dry rot. When the warranty ran out,

the manufacturer wouldn't assist him anymore.

In 2000, Chavez said, he turned to Salinas attorney Y.

Alvarez, who told him he had a great case against the company. Over

the years, Chavez paid him $7,000 and got nothing but excuses. About

six months ago, Chavez said, Alvarez's secretary assured him Alvarez

was still working on the case.

On Monday, Chavez found out Alvarez hasn't been an attorney since

May 2005 and is apparently on the lam from the law.

" Now I see everything, " Chavez said, after reading a report in The

Herald regarding Alvarez's flight from a sentencing hearing Friday.

Chavez may be one of many victims who have not yet been identified

in the investigation into Alvarez's practice, said prosecutor

Poll. Alvarez pleaded no contest in March to three felony counts

alleging he stole $412,000 from clients' settlements. Individual

losses ranged from $1,000 to $300,000.

Three victims were named in the original complaint. Eight more were

identified later and more are expected to come forward as they

realize their attorney is no longer in practice.

The District Attorney's Office and the State Bar of California may

eventually be able to help all of Alvarez's victims.

" We are aware there are probably other clients out there, " Poll

said. " Any existing clients he had at the time (he relinquished his

law license), he probably was unable to finish the case. Depending

on what he did with that money, there's a possibility there are

other victims out there. "

A procedure to obtain restitution for unnamed victims was to have

been set up at Alvarez's sentencing hearing Friday, Poll said. That

hearing never happened because Alvarez fled the courtroom.

According to Alvarez's plea agreement, if he paid full restitution

by the time of his sentencing, he would be granted probation and

sentenced to a maximum of a year in jail. If he didn't pay in full,

he would get prison.

Alvarez and his attorney, , went to court planning

to ask for a continuance because Alvarez did not have the $262,000

he still owes. After Poll said she would object to another

continuance, and it appeared the sentencing would move forward,

Alvarez told his lawyer he was " stepping out for a minute. " He never

returned.

Judge O'Roarke waited five minutes for him to show, then issued

a $100,000 warrant for his arrest. As of Monday afternoon, he had

not been found.

Through his assistant, on Monday said it wouldn't

be " appropriate " for him to comment on the case.

Chief Assistant District Attorney Terry Spitz said state law

generally calls for a 14-day grace period before felony charges can

be filed for failing to appear in court. After that, he said, it is

assumed that the defendant's absence was a willful attempt to evade

the court process. The decision whether to file charges will be up

to Poll, he said.

" I commonly filed those if I had people who didn't show up on

felonies, " Spitz said, " but it would be her call. "

When and if Alvarez is arrested, Poll said, he will be sentenced and

a procedure will be put in place for unidentified victims to make

claims. There also may be help for those people from the State Bar

of California's Client Security Fund, an account financed by

attorneys' membership fees to reimburse victims of dishonest

attorneys.

Those who can prove they lost money through Alvarez's dishonesty

between late 2001, when the State Bar began its investigation, and

May 2005, when Alvarez gave up his license, can be reimbursed up to

$50,000.

Poll and Bar attorney Robin Brune expressed concern about Alvarez's

attorney-client trust account, in which attorneys place funds they

are holding for their clients.

" Every attorney has an attorney-client trust account, " Brune

said. " When you resign, you should be closing all accounts. You

should be returning all client funds. "

The Bar ceased its investigation when Alvarez relinquished his law

license on the day Brune was bringing him to trial on formal Bar

charges.

The District Attorney's Office, which could have subpoenaed his bank

records for trial, ceased its investigation when he pleaded no

contest.

Neither agency knows how much money Alvarez had in his trust account

or what happened to it.

Poll said she is aware that Alvarez kept his office open for a time

and began operating as a real estate agent after he resigned his law

license.

While the office may have been open, Brune said, Alvarez shouldn't

have retained any money from his law practice.

" He should not be holding any client funds, " Brune said. " And if

anyone thinks (Alvarez) has funds belonging to them I would

encourage them to make an application to the Client Security Fund. "

People who believe they may have been victimized by Alvarez

or another dishonest attorney can call the State Bar of California's

Client Security Fund office at (415) 538-1140. For more information

on that fund, go to

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?

cid=10177 & id=1379.

---------------------------------------------------------------------

-----------

Virginia Hennessey can be reached at 753-6751 or

vhennessey@....

[Guest guest]

humm, very interesting. what happens to lawyers that drain you of

money and do nothing to help you that do have a licenes? a slap on

the hands from the

bar?

>

> Fugitive lawyer had lost license

>

> As news spreads, officials learn of more victims

>

> The Monterey County Herald

> By VIRGINIA HENNESSEY

> Herald Salinas Bureau

>

> http://www.montereyherald.com/mld/montereyherald/news/15276785.htm?

> source=rss & channel=montereyherald_news

>

> In 1985, Enrique Chavez bought a mobile home and placed it on a

> piece of property in Royal Oaks. For years he dealt with faulty

> plumbing that caused mold and dry rot. When the warranty ran out,

> the manufacturer wouldn't assist him anymore.

>

> In 2000, Chavez said, he turned to Salinas attorney Y.

> Alvarez, who told him he had a great case against the company. Over

> the years, Chavez paid him $7,000 and got nothing but excuses.

About

> six months ago, Chavez said, Alvarez's secretary assured him

Alvarez

> was still working on the case.

>

> On Monday, Chavez found out Alvarez hasn't been an attorney since

> May 2005 and is apparently on the lam from the law.

>

> " Now I see everything, " Chavez said, after reading a report in The

> Herald regarding Alvarez's flight from a sentencing hearing Friday.

>

> Chavez may be one of many victims who have not yet been identified

> in the investigation into Alvarez's practice, said prosecutor

> Poll. Alvarez pleaded no contest in March to three felony counts

> alleging he stole $412,000 from clients' settlements. Individual

> losses ranged from $1,000 to $300,000.

>

> Three victims were named in the original complaint. Eight more were

> identified later and more are expected to come forward as they

> realize their attorney is no longer in practice.

>

> The District Attorney's Office and the State Bar of California may

> eventually be able to help all of Alvarez's victims.

>

> " We are aware there are probably other clients out there, " Poll

> said. " Any existing clients he had at the time (he relinquished his

> law license), he probably was unable to finish the case. Depending

> on what he did with that money, there's a possibility there are

> other victims out there. "

>

> A procedure to obtain restitution for unnamed victims was to have

> been set up at Alvarez's sentencing hearing Friday, Poll said. That

> hearing never happened because Alvarez fled the courtroom.

>

> According to Alvarez's plea agreement, if he paid full restitution

> by the time of his sentencing, he would be granted probation and

> sentenced to a maximum of a year in jail. If he didn't pay in full,

> he would get prison.

>

> Alvarez and his attorney, , went to court planning

> to ask for a continuance because Alvarez did not have the $262,000

> he still owes. After Poll said she would object to another

> continuance, and it appeared the sentencing would move forward,

> Alvarez told his lawyer he was " stepping out for a minute. " He

never

> returned.

>

> Judge O'Roarke waited five minutes for him to show, then

issued

> a $100,000 warrant for his arrest. As of Monday afternoon, he had

> not been found.

>

> Through his assistant, on Monday said it wouldn't

> be " appropriate " for him to comment on the case.

>

> Chief Assistant District Attorney Terry Spitz said state law

> generally calls for a 14-day grace period before felony charges can

> be filed for failing to appear in court. After that, he said, it is

> assumed that the defendant's absence was a willful attempt to evade

> the court process. The decision whether to file charges will be up

> to Poll, he said.

>

> " I commonly filed those if I had people who didn't show up on

> felonies, " Spitz said, " but it would be her call. "

>

> When and if Alvarez is arrested, Poll said, he will be sentenced

and

> a procedure will be put in place for unidentified victims to make

> claims. There also may be help for those people from the State Bar

> of California's Client Security Fund, an account financed by

> attorneys' membership fees to reimburse victims of dishonest

> attorneys.

>

> Those who can prove they lost money through Alvarez's dishonesty

> between late 2001, when the State Bar began its investigation, and

> May 2005, when Alvarez gave up his license, can be reimbursed up to

> $50,000.

>

> Poll and Bar attorney Robin Brune expressed concern about Alvarez's

> attorney-client trust account, in which attorneys place funds they

> are holding for their clients.

>

> " Every attorney has an attorney-client trust account, " Brune

> said. " When you resign, you should be closing all accounts. You

> should be returning all client funds. "

>

> The Bar ceased its investigation when Alvarez relinquished his law

> license on the day Brune was bringing him to trial on formal Bar

> charges.

>

> The District Attorney's Office, which could have subpoenaed his

bank

> records for trial, ceased its investigation when he pleaded no

> contest.

>

> Neither agency knows how much money Alvarez had in his trust

account

> or what happened to it.

>

> Poll said she is aware that Alvarez kept his office open for a time

> and began operating as a real estate agent after he resigned his

law

> license.

>

> While the office may have been open, Brune said, Alvarez shouldn't

> have retained any money from his law practice.

>

> " He should not be holding any client funds, " Brune said. " And if

> anyone thinks (Alvarez) has funds belonging to them I would

> encourage them to make an application to the Client Security Fund. "

>

> People who believe they may have been victimized by Alvarez

> or another dishonest attorney can call the State Bar of

California's

> Client Security Fund office at (415) 538-1140. For more information

> on that fund, go to

> http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?

> cid=10177 & id=1379.

>

>

> --------------------------------------------------------------------

-

> -----------

> Virginia Hennessey can be reached at 753-6751 or

> vhennessey@...

>