Benjamin Silva, III & Associates Contingency fees taken under premise of going to court. Then attorney withdraws from case keeping money. Lakewood Colorado
This attorney took money under false and misleading pretenses. He took my case and assured me that it was a good case. It was an automobile case where I was rear-ended by another vehicle and injured in what is considered a low speed accident. The issue is that in Colorad low speed car accident cases where injuries occur are not considered viable by reputable attornies. This fact was not disclosed to me by this attorney. This attorney told me all along that it was a good case and not to worry he would take care of it. He filed suit and then asked for contingency money for court costs. He promised to take the case to court for between $11-12k. I paid him $11,380 and have the cancelled checks to prove it.
Later when he could not get the insurance company to settle out of court he decided to withdraw. (He abandoned the case and never discussed it with me.) This left me in a position of what is called legal exposure. Basically I was left with a lawsuit filed against an insurance company that had filed a counter claim. I could not get any attorney to even touch this case and I called several begging for their help. I had one firm take a look at the paperwork and they reacted in sheer disbelief.
I eventually was lucky to get an offer from the opposing attorney to be able to withdraw and drop all claims. This helped me to avoid having to go to court without an attorney. The legal firms I talked to said it was unethical behaviour on his part. I am reporting him to the Colorado Supreme Court Office of Attorney Regulation Counsel tomorrow.
Beware of this guy if you are looking for an attorney.
Victim of attorney
Lone Tree, Colorado
U.S.A.
3 Updates & Rebuttals
Benjamin Silva, Iii
Lakewood,Colorado,
U.S.A.
Response to postings during January 2008
#4REBUTTAL Individual responds
Tue, October 21, 2008
Lone Tree, Colorado has posted false information. Every effort was afforded this individual to provide him with effective legal representation. The client was updated with information on every aspect of his case at each step along the way, including the written communication regarding the potential costs of taking his claim to trial. Lone Tree, Colorado insisted on proceeding towards trial despite the advice of counsel. Funds collected from the client were held in a trust account and dispersed to entities such as experts necessary to prepare for trial. The client refused to co-operate and respond to repeated requests that he contact his attorney. Written requests were sent to the client in October 2006 asking for co-operation or advising him it would be necessary to withdraw representation. A motion was then filed with the court October of 2006 requesting to withdraw as attorney in this matter.
The Colorado Attorney Regulation Council rejected the assertions of wrongdoing from Lone Tree, Colorado.
When Lone Tree, Colorado was confronted with the falsely of his obviously libelous posting, Lone Tree, Colorado then sent me a letter dated September 21, 2008 asserting that there had been an unknown breach of security on his lap top in January 2008 I let a friend use my laptop on several different nights over the course of several weeks. It has now come to my attention that they apparently allowed others to use it without my permission. He further states I did go out and read their (Rip Off Report) user agreement to see what I could do about trying to remove this information. It does state they will not remove any information. You may want to contact that site to see if they will remove it and let them know that I am in full support of your efforts to have it removed.
I have practiced law for 25 years. The permanent nature of this type of unfounded posting with little recourse other than a rebuttal causes undo harm.
Victim of attorney
Englewood,Colorado,
U.S.A.
Correction I only authorized this attorney to spend $3-4k
#4Author of original report
Fri, January 18, 2008
The fee agreement stated that I had to specifically authorize any spending of my retainer money above the fee agreement amount of $4000 maximum established as the amount that this case would take to go to court. I later established a total retainer fund of $11,375 with the attorney. This was based on another estimate of the case costing this amount to go to court which occurred several years later. I never authorized this attorney to actually spend the retainer money as per our fee agreement. He spent it without any consultation with me and I told him verbally not to do that. He did however notify me after the fact that he spent the money. I told him at that point that he did not spend my money. He spent his money. So then he withdrew from the case and started saying I was not cooperative. Not reliable etc.... I never asked him to withdraw nor did I fire him etc... But he has kept my money even though he breeched the fee agreement.
Victim of attorney
Lone Tree,Colorado,
U.S.A.
Reported Silva to "Colorado Supreme Court Office of Attorney Regulation"
#4Author of original report
Tue, January 15, 2008
The Colorado attorney regulation office is now investigating this matter. They were very interested in $5000 of my money that was paid to an expert witness as a retainer for a court appearance. The attorney was negligent in not notifying this doctor of cancelled/changes of court dates and so the doctor office kept my money. It was definitely the duty of the attorney to protect the client interests by notifying the doctor office when a count date was changed or cancelled. In this case this was not done. The attorney negligence directly cost me $5000. Stay tuned...lets see what disciplenary action is taken against this sleezeball.