Edward B. Batista - Law Office of

In years of practice I have served thousands of clients, I have only had two such complaintsThis is one of themBoth complaints are from who I believe to be troubled individuals, and, ironically, both cases began with my sympathies and agreement to work at substantially lower feesIn this matter, I wanted to help so I offered to significantly reduce my feeI felt bad for the client, and as is my custom on occasion I agreed to help out at a very reduced feeI took $to get the work started, with more to follow as needed, per agreement with the clientI clearly told the client via phone and email that I was not about extorting money from people by filing questionable lawsuits on shaky groundsI told the client that I would investigate the situation to see where his case stood legally; if he had a case I would pursue it for him, if not, I would notIn a nutshell, the simple preliminary question was whether he was a "pretermitted heir" under California law; if he was not, game over, absolutely no case; if he was a pretermitted heir, the case was alive with MUCH to do to realize any financial awardAlmost immediately the client slammed me with letter after letter containing ideas about winning money BASED ON IDEAS I HAD ALREADY WARNED HIM I WOULD NOT PURSUE UNLESS AND UNTIL MY INVESTIGATION SHOWED THEY WERE ETHICALLY AND LEGALLY SOUNDStill, he kept the barrage of correspondence and would not listen to my reminders about my ethical and legal obligationsI spent around two hours dealing with the client in the initial phase of the representationThe preliminary investigation took another few hours; only with that information could I write the letter on his behalf (to request information to assist me in determining whether a proper case existed)That time alone far exceeds the $he invested (and this does not yet count the many hours I spent dealing with his constant aggressive and insulting letters during our "breakup" phase)(This response here will cost me yet another hour)Had the client let me do my job, and not hammered me with correspondence (much of which kept on about theories of relief that were premature or unsound), I would have continued with his case furtherHowever, the situation became unworkable because of the divergence between our opinions about the law and proper theories of recoveryAt that point I had no choice but to terminate the representation (as much for his sake as for mine)Had the client been less cantankerous and belligerent I probably would have returned some money to him even though I was the one owed moneyI would have done this because I'm a sympathetic person and I careHowever, to be dragged into hours of unpaid work and hassle makes me disagreeable to the idea of offering any such gifts

I'm enclosing a copy of your 10/18/letter to me, In regards to the written rebuttal you received from my previous attorney, *** ** ***Your previous correspondence to me was dated 9/24/14, in reference to the extensive aid highly detailed and dated "FACTS" + letter, I sent dated 9/11/to your office about this attorneyJust to prove a point, as to how this attorney gets back to people who write or corespond with himTodays date is: 10/14/and another month has went by since I contacted your office, and while I appreciate the Revdex.com looking into this unethical attorney, let me assure you that I ***'t like losing valuable time on my caseThat this attorney has cost me as well as nothing ***e for my $Except he wrote one letter-WOW!!!
*** ** *** wrote one letter fro me on 4/15/(The mountain of evidence I previously sent supports any of my claims against him- FACTUALLY.) I warned him prior to 4/15/14, the attorney he was going up against was an experienced lawyerHe did not want to heed my concerns, or takke my input!! I was hiring him to do a job for me - The way I felt it needed to be ***e and that was in keeping in line with getting a copy of the Living Trust and Adoption papersMy cleve attorney had so requested on 11/11/We talked about the "pretermitted heir," under califlaw, but I was very straight forward in insisting we stay on point and get the copy of the living trust and adoption papers firstNo- he didn't take my advice, the letter he wrote for me on 4/15/got "a screaming shootdown," by the opposing attorney on 5/14/days wasted, with no results - actually I left - He tipped our hand with "the pretermitted heir" claim, and he opened up , "a whole can of worms," that has nothing to do with the California laws pertaining to Living Trusts, Probate Code Sections: 16060-16069, which with a copy of the Living Trust; Section says, "A trustee shall provide a true and complete copy of the Terms of the irrevocable trust, or irrevocable portion of the Trustto each of the Following: (1) Any benefificary of the Trust who requests it, and to any heir of a deceased settler, who requests, It- andunequivally I am the biological son of *** "***" *** a legal beneficiary and heir of that Living Trust!!! Only some challengeable language in that Trurst, could prevene me from my legal share of a minof $153,To possibly $100,000.00, but he never got me anything - Nothing, but over plus days - more delays - more, no progress! After he charged me $and agreed to a reduced price of $tp really "legally" see where we were "legally" and I have all this on digital tape recorder with a witness listening inWell- he NEVER did complte, what he stated my witness heard and I recordedBasically I was charged $to write one letter for me-WOW!!! Then, if you look at his 7/25/letter to me, where he "quits" as my attorney, the 4th paragraph says (his advice to me) "please read Mr*** letter." (The hot one he wrote back to him on 5/14/in response to the one and only letter, he wrote for me on 4/15/14) "In it he outllines a number of items that if you can satisfy you would probably have some success in moving forwardBest of luck, ***"What is this? Roll your own attorney!? What did I pay him (***) the $for to have him tell me on 7/25/14, some days later by yourself if and NOW be your own attorney?!!!!
So, without *** thus far not returning the $He charged me - "unethically" and as my 9/11/letter to the Revdex.com and other organizationsThe files and paperwork I sent him from Febto Aughave yet to be returned (and he never mentioned any of this in his recent message to your office clear violations of California Laws.) I was forced to actually become my own lawyer, against "***," my oppositionI've had to pursue "***'sd suggestion as my own "Internet Lawyer"In my writing several letters to him and him answering me backIt appears I've got further with my caseIn a little over months, than "***" did in months! All it cost me thus far is my time and postage!
Message from Business: I will NOW answer his claims line for line: 10-8-
1) years, practice law; got the a practice, he doesn't have the results for me, he advertisedGuess he's still working on getting resultsPractice-Practice-Practice!!! Thousands of clients-Only two complaints, If you belive this I've got some swampland in Florida, you can build skyscrapers on!!!
2) But I'm only one of his complaining clients, I ***'t believe this for one second!
3) The other client and I are troubled individuals Hey! He ***'t know me, to speak down to me like this! I ***'t need or want his sympathies, his fees, for the non-results he got for me are way too high! "We" negotiated a reduce rate of $to make sure we at least had a case to go forward withHe put the $cap on itI've got it witnessed and recorded.
4) I wasn't then or now looking for charity
5) The agreement was $Totally, to see where we were atHe quit!!!
6) Extorting money and all this sentence is a lie!!! I've got the conversations between us recorded and witnessed
7) He did in Febsay he would do some investigation on some legal pointsMy recordings and witness say it was "Fraud upon the court." He says he sent me an e-mail where the word extorting appears, I ***'t have such an e-mail, so prove it!!!
"Questionable lawsuits on Shaky Grounds" Prove this as well, I ***'t recall any of this either! I believe this may be lies!
8) "Pursue this case for me or not" Look at the e-mails I've sentHe took my $he capped it to $He was in pursuit on my case; Look at his Friday May letter to meThat leaves is another letter(Never written) and then filing suit (Never ***e) NO- From July 25th back some days, plus, he "big time" violated what the State Board of California outlines in their pamphlet: "what can I do? If I have a problem with my lawyer? "Page Item # says: What are some examples of lawyer behavior that may be unethical: The very 1st one says: You hired the lawyer a year agoHe or she never responds to your letter or callsYou worry that the lawyer has stopped working on your caseSuch a situation could warrant State Bar intervention.
9) The "Pretermitted Heir" situation, in my opinion was somethin yes, we discussed, but- page one of the pamphlet #item #says, "allow you to make the final decision regarding how your case may be handled." He did not do this and I feel he may have hurt my case with his 4/15/Letter he wrote for himself, not me!!!
10) Then, "***" goes off in the middle of his statement ethically and legally sound, our conversation were taped and witnessedHe cannot prove he said this!! That why
11) Yes, the client was upset my e-mails and whatever, I concur with thisHis letter to that EXPERIENCED attorney was more like from a lawyer just out of law school!!! An insult!
12) "Reminders about "his" ethical and legal obligations" I want proof of any accusations
13) "hours dealing with the client in the initial phase "My tape recordings and witness says a lie!
14) His breakdown of time and charges is but a grabbing at straws attempt to justify the results of negativity! 15) 16) 17)
18) "constant agressive insulting letters etcbreakup phase - Hey! I wasn't married to this guy! All of this latent complaints about charging me fox emails phone calls and the aftermath of his wake of his damaging storm that ruined progress on my case for nearly months is a pity partyFrom an overgrown cry baby that makes anyone who reads this ask how would this attorney hold up in an all out war to win between $and or possibly $1,000,00.00? I feel I definitely did not get my attorneys worthNo written contract; unsubstantiated charges! The remaining part of his letter eluding to character assassinationLike calling me CANTANKEROUS and belligerent talking down to me as usual and premature in my theories after I've invested since Janto nowThe "Is" I dottedThe "T" I crossedAll he had to do was represent meHe claims to be an attorney with years behind him - This attorney had a case investigated and prepared for him he could have easily won, which I would have paid him very well forThe ramblings of the last part of this letter is just an example of evidently thereal troubled individual
In closing, the comments of *** ** *** states he's a sympathetic person and he caresHe follows this up in th same breath about unpaid hours and how all this is a hassel to him - offering any such gifts, first of all I'm years old on a fixed incomeI'm a semi retired $18.00an hour auto technicianThat with just internet law research I became quit the internet lawyer and I got further with "my efforts" with the opponent lawyer than *** did charging me $and still squaling, "I was the one owed money"He quit, I wanted to fire him but I didn't! He just wasted my valuable time and quit, because it was his sand box, his toys, and it was going to be his rulesI'm the clieworks for meRevdex.com, you make the call! Who's right?
Sincerely, *** ***

In 17 years of practice I have served thousands of clients, I have only had two such complaints. This is one of them. Both complaints are from who I believe to be troubled individuals, and, ironically, both cases began with...

my sympathies and agreement to work at substantially lower fees. In this matter, I wanted to help so I offered to significantly reduce my fee. I felt bad for the client, and as is my custom on occasion I agreed to help out at a very reduced fee. I took $375 to get the work started, with more to follow as needed, per agreement with the client. I clearly told the client via phone and email that I was not about extorting money from people by filing questionable lawsuits on shaky grounds. I told the client that I would investigate the situation to see where his case stood legally; if he had a case I would pursue it for him, if not, I would not. In a nutshell, the simple preliminary question was whether he was a "pretermitted heir" under California law; if he was not, game over, absolutely no case; if he was a pretermitted heir, the case was alive with MUCH to do to realize any financial award. Almost immediately the client slammed me with letter after letter containing ideas about winning money BASED ON IDEAS I HAD ALREADY WARNED HIM I WOULD NOT PURSUE UNLESS AND UNTIL MY INVESTIGATION SHOWED THEY WERE ETHICALLY AND LEGALLY SOUND. Still, he kept the barrage of correspondence and would not listen to my reminders about my ethical and legal obligations. I spent around two hours dealing with the client in the initial phase of the representation. The preliminary investigation took another few hours; only with that information could I write the letter on his behalf (to request information to assist me in determining whether a proper case existed). That time alone far exceeds the $375 he invested (and this does not yet count the many hours I spent dealing with his constant aggressive and insulting letters during our "breakup" phase). (This response here will cost me yet another hour). Had the client let me do my job, and not hammered me with correspondence (much of which kept on about theories of relief that were premature or unsound), I would have continued with his case further. However, the situation became unworkable because of the divergence between our opinions about the law and proper theories of recovery. At that point I had no choice but to terminate the representation (as much for his sake as for mine). Had the client been less cantankerous and belligerent I probably would have returned some money to him even though I was the one owed money. I would have done this because I'm a sympathetic person and I care. However, to be dragged into hours of unpaid work and hassle makes me disagreeable to the idea of offering any such gifts.

Review: This complaint, is basically about being ripped off by an Attorney, I found on the internet. I needed a lawyer to look into some legal issues I have in California. See the copy of his webbsite past, enclosed. I gave him a Postal Money Order #[redacted], for $375.00. Dated 4/11/2014, See copy service agreement. I did taperecord & have witnessed by my fiancee by speaker phone. The conversation between him and I. He was supposed to get me a copy of my fathers Living Trust, and other paperwork. He wrote ONLY one letter for me, and charged me $375.00. I guess for that service - WOW! On 4/15/14. See the e-mailes I've enclosed where he states he'll write a 2nd letter probably file suite - he NEVER did, instead - 60 days goes by with him doing NOTHING! Very little, if any communcation from him, he e-mailed me on 7/17/14 - He quit!Desired Settlement: I did not get the services he had promised to me, he can't even remember, in the very beginning he wanted to charge me $750.00 but he reduced it to 500.00 and this is all factually witnessed I believe this attorney scammed me. I don't believe he had intentions of going past the 1st letter. This has been a nightmare, I'm in Ohio, he's in Calif., He just took $375.00 from me - No services, as promised!

Sincerely, [redacted] AKA [redacted] P.S. I'm a 67 year old senior citizen on fixed income, losing $375.00 is very hard to handle.

Business

Response:

In 17 years of practice I have served thousands of clients, I have only had two such complaints. This is one of them. Both complaints are from who I believe to be troubled individuals, and, ironically, both cases began with my sympathies and agreement to work at substantially lower fees. In this matter, I wanted to help so I offered to significantly reduce my fee. I felt bad for the client, and as is my custom on occasion I agreed to help out at a very reduced fee. I took $375 to get the work started, with more to follow as needed, per agreement with the client. I clearly told the client via phone and email that I was not about extorting money from people by filing questionable lawsuits on shaky grounds. I told the client that I would investigate the situation to see where his case stood legally; if he had a case I would pursue it for him, if not, I would not. In a nutshell, the simple preliminary question was whether he was a "pretermitted heir" under California law; if he was not, game over, absolutely no case; if he was a pretermitted heir, the case was alive with MUCH to do to realize any financial award. Almost immediately the client slammed me with letter after letter containing ideas about winning money BASED ON IDEAS I HAD ALREADY WARNED HIM I WOULD NOT PURSUE UNLESS AND UNTIL MY INVESTIGATION SHOWED THEY WERE ETHICALLY AND LEGALLY SOUND. Still, he kept the barrage of correspondence and would not listen to my reminders about my ethical and legal obligations. I spent around two hours dealing with the client in the initial phase of the representation. The preliminary investigation took another few hours; only with that information could I write the letter on his behalf (to request information to assist me in determining whether a proper case existed). That time alone far exceeds the $375 he invested (and this does not yet count the many hours I spent dealing with his constant aggressive and insulting letters during our "breakup" phase). (This response here will cost me yet another hour). Had the client let me do my job, and not hammered me with correspondence (much of which kept on about theories of relief that were premature or unsound), I would have continued with his case further. However, the situation became unworkable because of the divergence between our opinions about the law and proper theories of recovery. At that point I had no choice but to terminate the representation (as much for his sake as for mine). Had the client been less cantankerous and belligerent I probably would have returned some money to him even though I was the one owed money. I would have done this because I'm a sympathetic person and I care. However, to be dragged into hours of unpaid work and hassle makes me disagreeable to the idea of offering any such gifts.

Consumer

Response:

I'm enclosing a copy of your 10/18/14 letter to me, In regards to the written rebuttal you received from my previous attorney, [redacted]. Your previous correspondence to me was dated 9/24/14, in reference to the extensive aid highly detailed and dated "FACTS" + letter, I sent dated 9/11/14 to your office about this attorney. Just to prove a point, as to how this attorney gets back to people who write or corespond with him. Todays date is: 10/14/14 and another month has went by since I contacted your office, and while I appreciate the Revdex.com looking into this unethical attorney, let me assure you that I [redacted]'t like losing valuable time on my case. That this attorney has cost me as well as nothing [redacted]e for my $375.00. Except he wrote one letter-WOW!!!

[redacted] wrote one letter fro me on 4/15/14 (The mountain of evidence I previously sent supports any of my claims against him- FACTUALLY.) I warned him prior to 4/15/14, the attorney he was going up against was an experienced lawyer. He did not want to heed my concerns, or takke my input!! I was hiring him to do a job for me - The way I felt it needed to be [redacted]e and that was in keeping in line with getting a copy of the Living Trust and Adoption papers. My cleve attorney had so requested on 11/11/2013. We talked about the "pretermitted heir," under calif. law, but I was very straight forward in insisting we stay on point and get the copy of the living trust and adoption papers first. No- he didn't take my advice, the letter he wrote for me on 4/15/14 got "a screaming shootdown," by the opposing attorney on 5/14/14. 30 days wasted, with no results - actually I left - He tipped our hand with "the pretermitted heir" claim, and he opened up , "a whole can of worms," that has nothing to do with the California laws pertaining to Living Trusts, Probate Code Sections: 16060-16069, which with a copy of the Living Trust; Section 16061.5 says, "A trustee shall provide a true and complete copy of the Terms of the irrevocable trust, or irrevocable portion of the Trustto each of the Following: (1) Any benefificary of the Trust who requests it, and to any heir of a deceased settler, who requests, It- and... unequivally I am the biological son of [redacted] "[redacted]" [redacted] a legal beneficiary and heir of that Living Trust!!! Only some challengeable language in that Trurst, could prevene me from my legal share of a min. of $153,000.00 To possibly $100,000.00, but he never got me anything - Nothing, but over 120 plus days - more delays - more, no progress! After he charged me $375.00 and agreed to a reduced price of $500.00 tp really "legally" see where we were "legally" and I have all this on digital tape recorder with a witness listening in. Well- he NEVER did complte, what he stated my witness heard and I recorded. Basically I was charged $375.00 to write one letter for me-WOW!!! Then, if you look at his 7/25/14 letter to me, where he "quits" as my attorney, the 4th paragraph says (his advice to me) "please read Mr. [redacted] letter." (The hot one he wrote back to him on 5/14/14 in response to the one and only letter, he wrote for me on 4/15/14) "In it he outllines a number of items that if you can satisfy you would probably have some success in moving forward. Best of luck, [redacted]". What is this? Roll your own attorney!? What did I pay him ([redacted]) the $375.00 for to have him tell me on 7/25/14, some 90 days later by yourself if and NOW be your own attorney?!!!!

So, without [redacted] thus far not returning the $375.00. He charged me - "unethically" and as my 9/11/14 letter to the Revdex.com and other organizations. The files and paperwork I sent him from Feb. 2014 to Aug. 2014 have yet to be returned (and he never mentioned any of this in his recent message to your office clear violations of California Laws.) I was forced to actually become my own lawyer, against "[redacted]," my opposition. I've had to pursue "[redacted]'sd suggestion as my own "Internet Lawyer". In my writing several letters to him and him answering me back. It appears I've got further with my case. In a little over 2 months, than "[redacted]" did in 4 months! All it cost me thus far is my time and postage!

Message from Business: I will NOW answer his claims line for line: 10-8-14

1) 17 years, practice law; got the a practice, he doesn't have the results for me, he advertised. Guess he's still working on getting results. Practice-Practice-Practice!!! Thousands of clients-Only two complaints, If you belive this I've got some swampland in Florida, you can build skyscrapers on!!!

2) But I'm only one of his complaining clients, I [redacted]'t believe this for one second!

3) The other client and I are troubled individuals Hey! He [redacted]'t know me, to speak down to me like this! I [redacted]'t need or want his sympathies, his fees, for the non-results he got for me are way too high! "We" negotiated a reduce rate of $500.00. to make sure we at least had a case to go forward with. He put the $500.00 cap on it. I've got it witnessed and recorded.

4) I wasn't then or now looking for charity.

5) The agreement was $500.00. Totally, to see where we were at. He quit!!!

6) Extorting money and all this sentence is a lie!!! I've got the conversations between us recorded and witnessed.

7) He did in Feb. say he would do some investigation on some legal points. My recordings and witness say it was "Fraud upon the court." He says he sent me an e-mail where the word extorting appears, I [redacted]'t have such an e-mail, so prove it!!!

"Questionable lawsuits on Shaky Grounds" Prove this as well, I [redacted]'t recall any of this either! I believe this may be lies!

8) "Pursue this case for me or not" Look at the e-mails I've sent. He took my $375.00. he capped it to $500.00. He was in pursuit on my case; Look at his Friday May 16 2014 letter to me. That leaves is another letter. (Never written) and then filing suit (Never [redacted]e) NO- From July 25th 2014 back some 90 days, plus, he "big time" violated what the State Board of California outlines in their pamphlet: "what can I do? If I have a problem with my lawyer? "Page 9 Item # 12 says: What are some examples of lawyer behavior that may be unethical: The very 1st one says: You hired the lawyer a year ago. He or she never responds to your letter or calls. You worry that the lawyer has stopped working on your case. Such a situation could warrant State Bar intervention.

9) The "Pretermitted Heir" situation, in my opinion was somethin yes, we discussed, but- page one of the pamphlet #1 item #3 says, "allow you to make the final decision regarding how your case may be handled." He did not do this and I feel he may have hurt my case with his 4/15/14. Letter he wrote for himself, not me!!!

10) Then, "[redacted]" goes off in the middle of his statement ethically and legally sound, our conversation were taped and witnessed. He cannot prove he said this!! That why

11) Yes, the client was upset my e-mails and whatever, I concur with this. His letter to that EXPERIENCED attorney was more like from a lawyer just out of law school!!! An insult!

12) "Reminders about "his" ethical and legal obligations" I want proof of any accusations

13) "2 hours dealing with the client in the initial phase "My tape recordings and witness says a lie!

14) His breakdown of time and charges is but a grabbing at straws attempt to justify the results of negativity! 15) 16) 17)

18) "constant agressive insulting letters etc. breakup phase - Hey! I wasn't married to this guy! All of this latent complaints about charging me fox emails phone calls and the aftermath of his wake of his damaging storm that ruined progress on my case for nearly 6 months is a pity party. From an overgrown cry baby that makes anyone who reads this ask how would this attorney hold up in an all out war to win between $153.00 and or possibly $1,000,00.00? I feel I definitely did not get my attorneys worth. No written contract; unsubstantiated charges! The remaining part of his letter eluding to character assassination. Like calling me CANTANKEROUS and belligerent talking down to me as usual and premature in my theories after I've invested since Jan. 2013 to now. The "Is" I dotted. The "T" I crossed. All he had to do was represent me. He claims to be an attorney with 17 years behind him - This attorney had a case investigated and prepared for him he could have easily won, which I would have paid him very well for. The ramblings of the last part of this letter is just an example of evidently thereal troubled individual.

In closing, the comments of [redacted] states he's a sympathetic person and he cares. He follows this up in th same breath about unpaid hours and how all this is a hassel to him - offering any such gifts, first of all I'm 67 years old on a fixed income. I'm a semi retired $18.00an hour auto technician. That with just internet law research I became quit the internet lawyer and I got further with "my efforts" with the opponent lawyer than [redacted] did charging me $375.00 and still squaling, "I was the one owed money". He quit, I wanted to fire him but I didn't! He just wasted my valuable time and quit, because it was his sand box, his toys, and it was going to be his rules. I'm the client-he works for me. Revdex.com, you make the call! Who's right?

Sincerely, [redacted].