Law Office of Dale Orthner

I am rejecting this response because: My complaints against *** *** are validIf you read my e-maiis unethical, unprofessional, and none of his statements address my complaint that he did not show up for my hearing, did not use my money to file motions that were needed and caused me to have to sub an attorney along with hiring another attorney He has not even given me any of my money back I was a client I paid for his services He cannot argue that he did not appear in court on my behalf that he was paid to do, and just dropped out of the picture- that is public information I do not feel I should have to Spar with *** ***

I am rejecting this response because: Mr*** failed me in many ways From not appearing at hearing, not following through with motions I paid him to file, abandoning my case without any knowledge to me I pleaded to him to respond to phone calls, e-mails, texts to inform me as to what was going on He has refused to give me my money back for motions he did not file He sent me an e-mail he would give me $as settlement if I would remove my posts about his wrongdoings He threatened to take me to court if I did not- He is unethical and will be reported to the Bar.In a separate e-mail I have sent documentation as proof of everything I have said here to you.There have been other complaints with his actions being the same He now owes Me $ Money which I gave him to represent me and additional money I had to pay out to two other attorneys to repair the damage that he caused me in my Bankruptcy case and divorce

[redacted]s statements that I failed in any way, or caused herany problems, are simply not true. I did everything possible to get her theprotections she needed in her bankruptcy case. Her statements here to thecontrary are simply false.[redacted] has also made false statements to the court, underoath....

While attorney / client confidentiality restrains me from giving thedetails of everything I did to help [redacted] save her home, that doesn’t preventme from talking about how poorly she has done with the attorney she chose toreplace me.According to the public court records filed by the nextattorney, which anyone can access through [redacted] has yet to make a house payment in her Chapter 13 bankruptcy case, eventhough she claimed, under oath, that she could and would do so. The trusteefiled an opposition to her case, as filed by the replacement attorney, citing [redacted]sfailure to make the required payment.So everything [redacted] is complaining about was caused by herfailures, not mine.I would very much like to provide the details of my representation of[redacted], and everything I did to try to get her to comply with her promises andthe law. I have sent her a waiver of attorney / client confidentially, and willprovide all the details, right here, just as soon as she returns the signedwaiver.

The 32 attachments [redacted] sent last Thursday and Friday aretypical of her abusive communication style. Most of those attachments are notreadable; none of them are relevant to what even she is trying to prove.I had to ban her earlier from faxing me any furtherdocumentation for the same reasons.As for the “Signed_Authorization_for_Release_of_Information”attachment that [redacted] signed, it does not serve to waive the attorney /client confidentiality privilege. An authorization for a “business” to engagein a “Release of Information” is much different than a waiver of the attorney /client confidentiality privilege, for a specific attorney.I emailed [redacted] a proper waiver of attorney / clientconfidentiality form on September 14, 2015. She emailed me back, saying shewould not sign it. I cannot legally respond much further, without her signatureon some form that specifically identifies the waiving of attorney / clientconfidentiality, as it relates to my specific representation of her.That proper attorney / client confidentiality waiver that I sent [redacted]a week ago is attached again here, for [redacted] to sign.

Review: On 16 May 2014, this attorney submitted an insulting email to my wife that brought her to tears. Since that email, I have been the brunt of continous harrassment by this attorney. His ettiquette is attrocious. My wife paid him to file a bankruptcy. As this bankruptcy is not joint, only my financial information, not property, were to be reported but he reported all my information as if I were filing with her, and included reaffirmations for vehicles that do not belong to her.Desired Settlement: Cease and desist ALL contact until June 4th, 2014 for the bankruptcy hearing and ALL contact thereafter. Should ANY documentation be misfiled or incorrect on June 4th, 2014, repayment of half money back to file the paperwork for my wife, MYSELF.

Business

Response:

On to the complaint – as implied by [redacted] text, he was not my client; he did not pay me for services.

His wife, [redacted], did hire me for her bankruptcy case. I filed the case, attended the trustee meeting with her on June 4 ([redacted] was with her, but said not one word to me), and have already completed everything that is likely to be required in her case. Her case should proceed normally, with a full discharge of her dischargeable debts, and close in about two months. The trustee has already issued a “Report of No Distribution,” which means the trustee does not intend to liquidate any assets, and that [redacted]’s case is essentially done.

The problem arose when I tried to obtain bank statements from [redacted]. Every debtor must submit bank statements to the trustee to show the balance of every account as of the date of filing. I’ve had literally hundreds of clients successfully do this. I sent my standard email to [redacted] on April 29, 2014, but she couldn’t seem to manage to get me the statements.

In fact, I had to send nine additional emails on that issue alone, and further discuss the issue on the phone with her, to try to get the statements. All of these emails, with full internet headers, are available, should they be needed.

I believe [redacted] may have helped to finally produce the required bank statements, but then he also asserted a few things that are critically wrong. One is that I “included reaffirmations” on vehicles. As I explained to him in an email on May 19:

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A “reaffirmation” is lengthy agreement that must be filed with the court. A statement of intent to “reaffirm” a debt is simply a non-binding statement of intent. The two are vastly different as to form and legal effect.

Please stop insisting that your severely limited view of certain legal issues is correct, when in fact much of it is wrong. If you have a question regarding something, I’m happy to answer that.

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I have not “included,” or otherwise sent, or even suggested, any reaffirmation of any vehicle (or any other property) in [redacted]’s case. Further, I would not be likely to do so, given the specific financial facts related to those vehicles.

[redacted] also refused to sign a required spousal waiver for [redacted]’s case. Fortunately, the trustee appears to have overlooked the omission and may not require it, even though the law clearly does require it to protect her assets under Cal. CCP 703. His basis for refusal also clearly misstated the law.

He is also incorrect that his property should not have been listed in [redacted]’s petition. The marital community, and thus [redacted], almost certainly has a “buy-in” interest in the property, and as such, it must be listed. Further, doing so should cause no issues of any kind to anyone.

It is not clear what issues may be behind [redacted]’s behavior, but given his complete silence at the trustee meeting on June 4, hopefully he’s either corrected certain misperceptions, or at least decided to leave the legal work to someone licensed to practice it, and who has successfully done so in hundreds of bankruptcy cases.

Consumer

Response:

I am rejecting this response because:

You are wrong sir yet again. My mortgage company contacting me in reference to your own mistake which has now placed my home in a bankruptcy department and so my mortgage company is now unable to speak with me or FHA regarding assistance until a full investigation is done because you added PREMARITAL property on her bankruptcy. To further add, if 704 exemptions were used, they informed me that yes, my mortgage could have been readjusted at a higher rate to cash out equity RAISING my monthly payment to cover her debts had I signed your form so continue insulting me... I will just let the California Bar Association handle my complaint, which they have received. You also continue to insult my wife and STILL have not appoligized. Further contact regarding this matter will result in a restraining order. Should I have further complications with MY PROPERTY due to YOUR mistakes, I will be filing against you in court. You admitted yourself you filed paperwork fraudelently. I kept my mouth shut otherwise I probably would have been arrested. Unlike you, I learned that if you cannot say anything nice, keep your mouth shut and so I did.

Review: He misled me - did not show up in court to represent me-took money for filings which he did not file- refused to answer e-mails - my texts- phone calls - very arrogant and belittling-degrading and verbally abusive-i had to hire two new attorney's to handle my case.He caused me a hardship in my divorce case by not filing a motion I paid him for -he assured me he would-i asked for my money back that he was to use to file the motion and he has not responded. Should you have any questions contact me at [redacted] after dozens of e-mails texts phone calls- I get an e-mail from Orthner telling me that he will give me back the money that I gave him to file a motion(which he did not) as settlement - if I promise not to contact him again and remove my reviews and posts-or he will make me spend thousands of dollars defending myself-Mind you this is my money I gave him for a service that he did not provide.this is his directHis response-"if I agree to send you $176.00, will you never contact me again? You would also have to remove any and all reviews, comments, and/or postings about me, which themselves also contain lies and are actionable, with or without any agreement.Let me know if you agree to the above settlement, or would rather spend thousands defending yourself against defamation and perjury charges.Sincerely, [redacted], Attorney at LawDesired Settlement: I want all my money back he was paid to represent me. An additional $500 reimbursement for having to hire another attorney to prepare a motion which [redacted] did not do or file.

Business

Response:

[redacted]s statements that I failed in any way, or caused herany problems, are simply not true. I did everything possible to get her theprotections she needed in her bankruptcy case. Her statements here to thecontrary are simply false.[redacted] has also made false statements to the court, underoath. While attorney / client confidentiality restrains me from giving thedetails of everything I did to help [redacted] save her home, that doesn’t preventme from talking about how poorly she has done with the attorney she chose toreplace me.According to the public court records filed by the nextattorney, which anyone can access through [redacted] has yet to make a house payment in her Chapter 13 bankruptcy case, eventhough she claimed, under oath, that she could and would do so. The trusteefiled an opposition to her case, as filed by the replacement attorney, citing [redacted]sfailure to make the required payment.So everything [redacted] is complaining about was caused by herfailures, not mine.I would very much like to provide the details of my representation of[redacted], and everything I did to try to get her to comply with her promises andthe law. I have sent her a waiver of attorney / client confidentially, and willprovide all the details, right here, just as soon as she returns the signedwaiver.

Consumer

Response:

I am rejecting this response because: Mr. [redacted] failed me in many ways. From not appearing at hearing, not following through with motions I paid him to file, abandoning my case without any knowledge to me. I pleaded to him to respond to phone calls, e-mails, texts to inform me as to what was going on. He has refused to give me my money back for motions he did not file. He sent me an e-mail he would give me $176 as settlement if I would remove my posts about his wrongdoings. He threatened to take me to court if I did not- He is unethical and will be reported to the Bar.In a separate e-mail I have sent documentation as proof of everything I have said here to you.There have been other complaints with his actions being the same. He now owes Me $4000. Money which I gave him to represent me and additional money I had to pay out to two other attorneys to repair the damage that he caused me in my Bankruptcy case and divorce.

Business

Response:

The 32 attachments [redacted] sent last Thursday and Friday aretypical of her abusive communication style. Most of those attachments are notreadable; none of them are relevant to what even she is trying to prove.I had to ban her earlier from faxing me any furtherdocumentation for the same reasons.As for the “Signed_Authorization_for_Release_of_Information”attachment that [redacted] signed, it does not serve to waive the attorney /client confidentiality privilege. An authorization for a “business” to engagein a “Release of Information” is much different than a waiver of the attorney /client confidentiality privilege, for a specific attorney.I emailed [redacted] a proper waiver of attorney / clientconfidentiality form on September 14, 2015. She emailed me back, saying shewould not sign it. I cannot legally respond much further, without her signatureon some form that specifically identifies the waiving of attorney / clientconfidentiality, as it relates to my specific representation of her.That proper attorney / client confidentiality waiver that I sent [redacted]a week ago is attached again here, for [redacted] to sign.

Consumer

Response:

I am rejecting this response because: My complaints against [redacted] are valid. If you read my e-mails-He is unethical, unprofessional, and none of his statements address my complaint that he did not show up for my hearing, did not use my money to file motions that were needed and caused me to have to sub an attorney along with hiring another attorney. He has not even given me any of my money back. I was a client. I paid for his services. He cannot argue that he did not appear in court on my behalf that he was paid to do, and just dropped out of the picture- that is public information. I do not feel I should have to Spar with [redacted].

Dale came highly recommended from another firm I had contacted. He sprung into action for us immediately and we had a petition filed on the same day we enlisted his help! Dale is very professional but also very personable and it's clear he has a passion for helping people. He also values financial education and provides plenty of knowledge related to rebuilding credit and avoiding the same situation in the future.