Complaint Review: Patrick DeCarolis Jr

This is a copy of my declaration for an attorney fee motion heard in LA Superior Court on 11/9/08. I have deleted the names of other persons for confidentiality, but the case number is available.

I have dealt with Mr. DeCarolis since my divorce filed in 2000. He is very quick to demand attorney fees from the party with assets. Family Code 2030 in California is a way of leveling the playing field, so that the party without funds can litigate. I understand and accept this as fair. But what Mr. deCarolis does is use this code to bill outrageous amounts, which he can show on paper. His charges have risen to $575/ hr. In my opinion, his legal work, motions,etc are minimal, except on his attorney fee motions, where we have reams of billable hours listed and hours required to prepare the motion. Typically his motions always lag by a month or two, so that the next motion contains court time for the last motion. If the judge awards him money on that day say $5000 for a $15,000 bill, he merely subtracts the $5000 from the $15000 and adds $10,000 to his next motion. In the past, we have been careful to ask the judge to order that the amount he gets, is a final amount with no balance to carry forward. I will leave it to the reader, to consider the ethics of his accounting.

What I really object to is this: My wife tried to have me killed. He went to visit her in jail, got her a criminal attorney, went to court, so I could get full custody , helped sell her house, so she could pay her criminal attorney, then had the nerve to file for $40,000 in attorney fees. based on FC 2030. When she was arrested on the day of a depo, we cancelled, we told Mr. DeCarolis that something serious had come up. He said "is it criminal" surprising us. We did not tell him but later that day, the homicide detectives taped a conversation in which she said, my attorney told me to leave the house. Obviously, I cannot prove anything by this statement, but I wonder.

She was convicted of solicitation to commit murder and was given a 3 year prison sentence, which was suspended and she was placed on probation for 5 years. She was also given a restraining order to keep away from me. She then hired private investigators to keep me under surveillance for 4 months. Apparently, she had money for that. She said that Mr. DeCarolis had told her to do this, but he was not in court that day to agree or disagree. Her probation was revoked and she was sent to state prison for 18 months then placed on parole. After 5 months of parole, she decided she wanted to see our son again. I understood that she does have that right, so that when Mr. DeCarolis contacted my attorney with a reunification plan, to allow the prior custody evaluator set up a program, I agreed. After 3 visits, out of the blue came a motion for unsupervised weekend visitation and some custody.This is all after we had agreed on a plan. Then comes an attorney fee motion for another $15,000. We filed an exparte motion for an evidentiary hearing rather than an OSC on the motion. This would allow us to present live witnesses. Mr. DeCarolis, did not show up for this hearing, so the motion was granted and moved to May 2008. Between now and then, I wonder how much he can concoct in legal fees. My position is there is no need for this new motion, since we had agreed on everthing anyway. He even wanted to take my deposition to see if I could pay his attorney fees. That deposition would have cost me $2-3000, using his billing rates of $575/ hr. Am I wrong, but does this look like an attorney trying to "make work" when none is needed. Does he have morality? My ex-wife tries to kill me and he has the nerve of making me pay her legal fees, which are almost related to her crime. And then, years later, when we reach an inexpensive agreement on visitation, breaks it and files a motion so ridiculous, that he knows, there cannot be any settlement. Her Diagnosis is antisocial personality disorder (psychopath, Axis I, DSM-IV), she is a convicted felon on parole for trying to have me killed, and she has threatened in the past to kidnap our son and take him to Cuba. Does he really think a judge will give her unsupervised visitation? Does he care? He has 2 young children at home. Would he like it if this happened to him? But he will say he is only doing his job, his client wants this. Is there such a thing as client control? I have spoken to others who have had the same complaint about Mr. DeCarolis. In January 2004, Fox 11 ran a short news report about our case. http://www.youtube.com/watch?v=21Q8GjbvKbs
Rember Civil Code 3517 that states nobody should profit from there own wrongdoing.
DECLARATION

I declare I am over 18 years of age and a resident of the State of California. I am the Petitioner in these proceedings. I have first-hand personal knowledge of the facts stated herein and if called as a witness I will competently testify thereto.

I submit this Declaration in support of my response to the Order to Show Cause requesting attorneys fees set for January 9, 2008.

1. Once again, I am attempting to defend myself against financial extortion by Mr. DeCarolis. His misuse of Family Code 2030 has been brought to this courts attention in the past.

2. This entire Order to Show Cause for attorney's fees is just another effort by Mr. Decarolis to make work and bill outrageously. The motion for custody is not necessary and is not ripe as Respondent just began reunification with our son and we have complied with all of the requests of Dr. YYYY

3. I have complied with everything agreed as per Mr. Decarolis and Mr. Golds, as to a reunification plan between the respondent and me.

4. I might remind this court, the respondent attempted to have me murdered by hiring XXXXX to find a hit man for $10,000. Mr. XXXX came to me with this information on 12/28/02.

5. On 12/30 /02, Mr. DeCarolis was informed that a scheduled deposition of myself was to be cancelled. He was told that something significant had come up. He asked is it criminal?, but was given no answer. Ironically, shortly thereafter, XXXX was ejected from her house and was told the plan was off.

6. However, later, at the police department, XXXX called her. The conversation was recorded by the homicide detectives and I was present. Respondent stated That her attorney had told her to leave her house.

7. The conversation continued, and she was arrested that day. I cannot prove the attorney she was referring to was Mr. DeCarolis, but I and others have our suspicions and believe that one can connect the dots.

8. During the next few days, Mr. DeCarolis spent many hours in the jail with Respondent. He even procured her a criminal defense attorney. I know this, because he put all of it in her billing and requested I pay for this billing.

9. Over the next few months, the only legal work provided to her was in the selling of her house. The custody battle had been placed on hold pending the outcome of her criminal proceedings. Meanwhile, during the same time Mr. DeCarolis billed another $40,000. I was amazed at his chutzpah.

10. Right at what would have been then end of the custody battle, Respondent tried to have me killed in December 2002. Mr. DeCarolis then had the nerve to have me pay for his involvement in her crime, visiting her in jail, getting her a criminal attorney, etc.

11. I was given full custody. Mr. DeCarolis did this smugly, because of Family Code 2030, a statute in California that is meant to level the legal playing field. Or in another words, force the party with resources to pay the legal fees for the party without resources, so that both parties have access to the courtroom.

12. I do not believe the framers of this statute intended for it to ultimately reward someone for committing such a heinous crime.

13. In January, 2004, Fox 11 News ran the story about Mr. DeCaroliss attorneys fees request in light of the crimes. Mr. DeCarolis would not allow an interview, and instead only stated his fees were fair and this was my attempt to intimidate him.

14. Respondent was convicted and given a three (3) year suspended state prison sentence. She was given five (5) years probation, a restraining order, weekly psychiatric visit requirement, community service, etc. Despite her pleas with this court and the criminal court about how she learned her lesson and paid a dear price, a year and a half later, her probation was revoked, and she was sent to State Prison for three (3) years.

15. She was sent to prison because she hired a private investigator to keep me under surveillance for 4 months. If she needs money for attorneys fees, where did she get that money?

16. Respondent served 18 months, and was released on parole in February, 2007. The first heard from Mr. DeCarolis was in late July of 2007, asking if we would agree to Dr. YYYY, who had been the custody evaluator, to set up a reunification plan. I agreed. I felt such a plan necessary, since there had been no communication between the respondent and our son for 2 years. I am not sure why it took her over five (5) months after her release to try and see her son.

17. It was agreed respondent would pay the expense of the reunification. I agreed with Mr. DeCarolis that it was in the best interest of our son to have this plan with Dr. YYYY acting as monitor. However, after three (3) visits, Mr. DeCarolis suddenly filed for an OSC demanding unmonitored visitation and joint custody after we had agreed on Dr. YYYY. Now he has the audacity to ask for attorney fees, knowing full well his motion is frivolous. But this is what we have learned to expect from this attorney. He is a master at manipulating the law to line his pockets.

18. Respondent still continually lies. Just look at her declaration filed in the Order to Show Cause for Custody and Visitation which was continued until May. She states that her monitored visitation in the past consisted of dropping Shane off and picking him up with no monitoring in between. This is a bold face lie. Initially she was monitored 9 hours a day. After many months, the monitor would leave during the middle 3 hours and 45 minutes. This can all be proved. The point is, she signed this under penalty of perjury, however, Mr. DeCarolis's office prepared this and read it, but you see, he never signed it, so he could never be guilty of perjury, and subject to at least state bar action.

19. Family Code 2030 was enacted to level the playing field, in order to allow both parties access to the courts. However, one can see how he uses Family Code 2030. In this case, he initiates an agreement, which I have followed to the letter, and then files an OSC and asks me to pay attorney fees, despite the fact I have honored our agreement.

20. As a final example of his failure to work with us, my attorney contacted one (1) month before the Order to Show Cause hearing originally set for today in regards to requesting of an evidentiary hearing. I feel that in light of the volumes of information in this case, it would prove far more economical to have live testimony versus numerous declarations and filings in this case.

21. Despite two (2) letters requesting a stipulation or conference call to the court requesting such a hearing, and two voice messages, Mr. DeCarolis did not respond. We were forced to go into court ex parte to get this continuance. Late in the day, just before the hearing, Mr. DeCarolis sent a letter back stating he would not agree to anything and that we were simply trying to stall the proceedings. We were asking a full month before the hearing. We went ex parte and Mr. DeCarolis did not even bother to show up and oppose the motion. The continuance was granted. Forget the issue his client could probably come after him for a breach of his duty, but shouldn't he pay my legal fees for that hearing?

22. His behavior in the past shows there is a pattern here. I am the victim of a solicitation to commit murder and he is harassing me, and I would like your honor to stop it once and for all. He is not entitled to any attorney fees just because he does work. The work needs to have a legitimate purpose. Both parties agreed to have Dr. McCoy provide a plan. I have abided by that plan.

23. Only four (4) visits have taken place. There is no change in circumstance. Are not his motions a bit premature? His fees thus far were several phone calls and letters. He was paid a $10,000 retainer by the respondent, who is working and had enough money to have me under surveillance for four (4) months. She lives with a man, who has been generous financially.

24. Mr. DeCarolis has shown in the past and again now, he is willing to manipulate the court by invoking Family Code 2030, to make work so he can line his pockets. He is a marauding attorney, using Family Code 2030 as his sword. I feel your honor will see him for what he is, and not allow him to get away with this. If not, I fear, he will continue to do this.
Respectfully submitted,
December 24, 2007 By:___________________________


Ron
Northridge, California
U.S.A.

Click here to read other Rip Off Reports on Attorneys and Lawyers