Friday, June 10, 2011

Homeowner clients of Bander Law Firm ‘doomed’ from start


FILIPINO and Korean homeowners listen to one of the lawyers representing a few of the former Bander Law Firm clients who alleged that the BLF did little or nothing to their cases after paying the firm an average of $8,500 only to lose their homes to foreclosure.

Lawyer ‘embarrassing’ emails between Bander and associates

HOMEONERS who lost their homes to foreclosure at the height of the mortgage crisis had a fair chance of keeping their properties had they not hire the wrong lawyer.

This came to light after email exchanges between the owner of the Bander Law Firm (BLF), Atty. Joel Bander, and his staff exposed the alleged low quality of work that the BLF did to its clients, some of whom were Filipinos, Koreans and Armenians.

Unearthed by BALITA MEDIA, the controversial and revealing emails within the BLF were actually part of the evidence submitted by a BLF associate, Atty. Tim Umbreit, in a motion he filed to rescind a court order against him. Umbreit’s motion was in response to a case filed by a couple that asked the court to disgorge all fees paid to the BLF in the amount of $20,000. Umbreit, according to the U.S. Bankruptcy Court, Northern District of California, had ignored scheduled court hearings earlier.

Umbreit cited that the “disorganization and chaos” at the BLF should’ve been considered in granting his motion for reconsideration. The BLF filed for bankruptcy on Feb.12, 2010, Umbreit said, which he “mistakenly believed” that all actions against the BLF – him included – were stayed as a result of the bankruptcy. His motion was denied and Umbreit, whose conduct the court ruled was “unprofessional and well below any standard of care” was ordered to pay $5,000.

Through the emails within the Bander Law Firm, Umbreit exposed what the court said was the “disorganization and chaos” inside the firm that Umbreit later described led to its “deterioration and eventual bankruptcy.”

In one of the emails dated Aug. 12, 2009, Umbreit said the BLF lawyers were “neophytes.” In that email addressed to Bander, Umbreit said their attorneys were “cheap not experienced or good (sic),” Umbreit also described the BLF lawyer’s quality of work as “shoddy, haphazard and below par” and that since joining the firm in March 2009, the law firm “never had a decent case or presented anything in a compelling way.”

Since they were “baby lawyers,” Umbreit urged Bander to provide them with “baby sitters.” Umbreit wrote “We don’t have the time to produce a quality product because we are scattered all over the place, apparently referring to Bander’s practice of assigning and reassigning lawyers and staff but without legitimate results. “Baby lawyers need babysitters,” Umbreit said.

Earlier, BALITA MEDIA published an article (in its weekend May 28, 2011 edition) that stated that Bander channeled his resources away from the homeowner clients’ cases to take care another case unrelated to mortgage litigation. Umbreit said Bander was obsessed with the case against BALITA MEDIA that Bander filed on behalf of a competing newspaper.  Umbreit said that although he joined the BLF to set up a bankruptcy practice for the firm, he, too, was dragged into the case against BALITA MEDIA.

Describing further the chaos in the BLF, Umbreit said that he had spent an “enormous amount of time to stem the tide of massive client defection.” He also wrote in an email to Bander that “I am embarrassed to take calls from other lawyers because of the poor quality of work we put out. The complaints are not well received and have been discredited time and again.”

But what was more revealing were the contents of an earlier email Umbreit sent to Bander dated Aug. 6, 2009, when he wrote that “Clients (homeowners) did not come in for BK (bankruptcy) and most were told that BKs are bad. Now we’re telling them they are good. BK is one of the most important decisions in a person’s life but we are pushing them into one at the last minute.” These were the same homeowners, some 800 of them, who paid the firm an average of $8,500 and were looking to sue their mortgage lenders. Many of them went to BLF after seeing full page ads of the firm in a Filipino broadsheet newspaper that told them to “Save Your Home. Sue the Banks!” to avoid foreclosure. Some of them were later forced to sue the BLF and also filed complaints with the California State Bar against Bander.

Yet in another embarrassing email, this one by a BLF staffer identified as Kaleb Liao to Umbreit, it was also revealed that non-attorneys were barking orders at attorneys. Dated Sept. 8, 2009, Liao wrote that experienced attorneys did not have the “temperament to be a babysitter to attorneys” and that “attorneys resented the fact that…a non-attorney would tell them what had to be done.” Liao identified the non-attorney only as “Carla” in his email.

Liao also disclosed in the same email that “All attorneys get the reminders of everything under the sky that is mortgage litigation related. If they chose to ignore (those), what can anyone do about that?”

Despite all these, however, Bander chose to blame the chaos in his law office on BALITA MEDIA, despite the fact that BALITA MEDIA exposed the plight of the homeowners in its articles beginning December 2009, or several months after the huge BLF mess was also already occurring within the firm.

(Rhony Laigo is the editor of Balita Media based in Glendale, California. He can be reached at rhony@balita.com. More Filipino-American news can be found at www.balita.com) ■

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