It seems there have been some issues with SHS. I will let ACU explain.
Let me start out by post this case decision from 1972 from the California Supreme Court.
This is just a small portion of the written decision, but the language speaks for itself.
Fracasse v. Brent , 6 Cal.3d 784
[L.A. No. 29876. Supreme Court of California. March 10, 1972.]
GEORGE FRACASSE, Plaintiff and Appellant, v. RAY RAKA BRENT, Defendant and Respondent
(Opinion by Burke, J., with McComb, Peters, Tobriner and Mosk, JJ., concurring. Separate dissenting opinion by Sullivan, J., with Wright, C. J., concurring therein.)
Freeman & Freeman, Lee A. Freeman and Lawrence P. Freeman for Plaintiff and Appellant.
Mour, Klein & Aronson and Robert A. Klein as Amici Curiae on behalf of Plaintiff and Appellant.
Richard T. Kayaian for Defendant and Respondent.
In this case we are asked to reconsider the rule of damages which allows an attorney who has been discharged without cause by his client to recover as damages the full fee specified in the contract of employment, regardless of the reasonable value of his services or the extent of work performed under that contract. For the reasons hereinafter stated, we have concluded that this rule is inconsistent with the strong policy, expressed both judicially and legislatively, in favor of the client’s absolute right to discharge his attorney at any time, and that the attorney should be limited to a quantum meruit recovery for the reasonable value of his services, upon the occurrence of any contingency contemplated by his contract.
More to follow.
We have been told SEBA has a signed contract with SHS for legal services. OK!!
The impression has been clear to some of us that SEBA is stuck with Silver,Hadden&Silver and the terms of contract are such, SEBA fears if they violate the terms they will be sued by SHS. REALLY??
How does one sue based on this case decision alone?
It is CLEAR that one can terminate his attorney WITH or WITHOUT cause and the only MONEY due the lawyer is for services rendered at the time of termination, PERIOD!!
LONG term loss in NOT part of the equation according to this court.
But the NEW SEBA Board of Directors due have cause to terminate SHS if they so choose too. I would call it malpractice just for starters.
Bit is SHS would like we can start with the David Hart issue and go from there.
WHOEVER gave the subtle suggestion to whomever at SEBA, was giving BOGUS legal advise.
Was it “good faith” advise, or self serving advise is the question.
So was it Eagleson or someone from SHS that planted this seed in someones mind?
We know that the State Bar rules of conduct allow a client to fire his lawyer if they so chose.
A lawyer may walk away from his client if they have problems to the level no one agrees on anything.
So how does this legal contract prevent SEBA from firing SHS?
Someone has been lying and someone believed the lie.
This belief created some serious problems and aggravation for individual members which in itself violated Government Code 3303(i).
When that was argued even with Ed Fishman LDF administrator the contract issue was also brought up by him.
It appears from this decision CONTRACTS do not guide what a client may or may not do in their OWN best interest.
The question that should NOW be asked is if Eagleson,SHS, and Mr.Fishman had EVER heard of this case decision before??
It’s clear by this case decision that an individual member can fire their attorney on a WHIM if they so choose to.
But when that happened, all the excuses came out including this contract that has no REAL legal basis.
If of course William Abernathie signed this contract as he was walking out the door and dump this pile o crap upon the incoming President, even more reason to be upset.
Something sure stinks about all this, I doubt seriously this is SHS first rodeo on all this.
All I can say is thank god some are starting to look outside the box and seek guidance from others besides a selected few.
A little off topic.
We hear about this contract issue with SEBA, then we hear from Deputies at Needles Station that our beloved SEBA Rep Nancy Tate is having lunch with Captian Marnati EVERY time she goes out there really makes you wonder WHO’s side the SEBA reps and lawyers are on.
We have had Eagleson playing racketball with Internal Affairs.
We have SEBA attorney Howard Lieberman in the presence of his client being invited to dinner at one of the IA investigators residence.
Now we have Tate having lunch.
When Eagleson and crew say they have a good relationship with the enemy, MAN they are not kidding.
Speaking of lawyers I hear that the 3 outside lawyers fighting for the County in the Bauer matter were flown by Sheriff’s Aviation to Needles today, to talk with the crooks out there.
NOW that is first class service.
ACU should be an attorney. Oh wait, he couldn’t even sustain a job as a deputy.
So it appears not long ago when certain members started turning up the heat and bringing forth issues with Silver,Hadden&Silver, someone threw this CONTRACT issue into the mix.
Lets see that happened right about the time that LDME discoverd about 6 POBR violations during testimony in the Travis Bauer case.
That law firm was more than happy to handle the issue, but SEBA elected to give it to SHS to handle.
I understand those issue are coming to a close. The QUESTION is was the matter handled in the best interest to the members effected, or handled in the best interst of SBSD?
Did those members get a check for $25k in damages?
Just like when SEBA found out about Cynthia O’Neal’s problem.
Instead of handling it like a Rampart scandal, Mike Eagleson and Nancy Tate attempted to help O’Neal out versus using the info to help out past and present members.
Eagleson and Tate’s loyality to the CORRUPT ones has become all to obvious
Or was it when former Deputy Boros dropped a bomb on Bill Hadden?
Has anyone outside SEBA staff actually read this contract?
Well the cat is out of the bag on this contract.
The uninformed SEBA staff who followed the intentionally MISDIRECTED advise of who ever NOW has a more solid foundation to TERMINATE this contract as outlined by the California Supreme Court.
With or WITHOUT cause. But there is PLENTY of “for cause” with these people.
Ask Michael Schwartz for starters.
What will SEBA do when an individual member comes forth and says they DO NOT want SHS to handle their case NOW???
It appears the individual member is not obligated to follow this contract.
They did not sign this contract, did NOT vote on this contract, they were not informed about this contract BEFORE or AFTER it was drafted.
The next issue is, WOULD SHS really attempt to sue SEBA if SEBA terminated services with them?
I wonder how Steve Silver would EXPLAIN away the issue of malpractice that have occured?
Ya know like his attorney’s failing to interview witnesses, allowing witnesses to lie on the stand and fail to pursue that issue to the full extent of the law.
Could Steve Silver face off with me,Boros,Orduno,Bauer, and a few others and discredit the evidence we have to prove issues of malpractice.
WOULD SHS want ALL that to come out into a public forum?
I’d say it would be career suicide for SHS to attempt to sue SEBA or ANY other union for terminating their services.
To the NEW “E” board members of SEBA.
YOU CANNOT wash the dirty laundry guys and expect everyone think your wearing a new suit.
You HAVE to get rid of that laundry and get some NEW stuff.
The old stuff is just to contaminated.
The topic of disperate treatment has come up now with several people asking why SEBA does not use past cases to show a pattern.
Well it is Michael Eagleson’s position that past issues cannot be used, or so he would like you to believe.
There was a recent case where IA interviews and documents were used to show a pattern. The names of the parties were simply re-dacted to protect their privacy.
If a an individual signs a waiver releasing his or her file then of course that information can be used.
Eagleson and crew DO NOT ask a member if they can use the issues in their case to help others MOST of the time. I’d say the more mud you sling in the case, the less likely you’ll be asked.
Much like Eddie Stark from Internal Affaris issues of honesty. He should have been a target a long time ago.
I can see why, in the Orduno case when Michael Schwartz asked Sergeant Rick Bessinger if he had been disciplined in the Benjamin matter, HR Officer Ornelas IMMEDIATELY objected to the question TRYING her best to keep Bessinger from answering that question.
The issues of privacy according to Eagleson has been used as an excuse to avoid SOLVING the long range problem and protecting his friends at Sheriff’s Headquarters, that simple.
But Eagleson must have FORGOT that he and his crew can TESTIFIE to what they have observed. YA KNOW the crimes committed in their presence.
So don’t tell to many lies Mikey about what can and cannot be done. After all your an EXPERT Mikey.
How many times have you testified about IA stepping on their DORKS Mikey? I bet ZERO in recent memory.
Much like Eagleson telling everyone hearing officer David Hart is a POS, but continuing to use him whenever possible.
Much like Eagleson telling me Howard Lieberman is inept and he won’t use him in high profile cases. Well that lasted about 5 minutes. We know Howard spends alot of time at SEBA.
Being the Chief of Labor Relations if Eagleson thought Hart was a POS he would have put his foot down and insisted SHS strike Hart first from the list of available hearing officers.
Eagleson NEVER did that. When Eagleson was ordered to stop the practice, Hart disappeared as easy as flushing your toilet.
I guess Eagleson has NOT figured out YET that SHS works for SEBA, not the other way around. That’s ok Mikey we have RADAR lock on you and your crew.
But when Eagleson and Tate read the transcripts in the Cynthia O’Neal debacle did either of them SPREAD the word to ALL SEBA members that her conduct rose to the level of a Brady Attorney? NOPE.
They took that information and RAN their butts down to County Council attempting to get someone to MAYBE settle the case and avoid a PUBLIC scandal.
Ya know what Eagleson, I bet money if someone can obtain YOUR testimony before the Grand Jury involving your FORMER boss Jim Erwin, we might see a junior Rod Hoops pattern of DECEPTION.
I bet money on that. But the REAL Mike Eagleson will be exposed without question.
And in closing you little weasel, QUIT telling people lies about me and you.
The day after the Colonies scandal hit the papers I called you and ASKED you if you were in ANYWAY involved in ALL that, you HUNG up the phone and was NEVER heard from again.
Then the best you could do is play “Publius” for 2 years on this blog until that too was exposed.
The chickens are coming home to roost Mikey. You have enjored operating with impunity for a long time. YOU have gotten sloppy.
ALL the NEW “E” board for SEBA needs to do is a LITTLE follow-up investigation on some of your BAD INFORMATION, I’d say YOUR toast as Chief of Labor Relations.
Wrongful termination action by you Mikey? OR SHS, LMOA there are a few of us who wouuld bend over backwards to help SEBA refute ANYTHING you attempt to do.
But if I got a subpoena to testifie on YOUR actions, I have no choice but to tell the truth.
All the New “E” board members need to do is NOT ALLOW YOU and others to operate like you have in the past, THEY are covered at the end of the day.
YOUR sugar daddy’s are ALL gone Mikey. Beef,Lutz,McKenzie,soon Rod Hoops.
It’s time for the NEW “E” board to take out the DIRTY laundery.
You cannot operate like the local mafia chief for a half dozen years, then over night become a born again Christian.
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