Case

N/A

OUTCOME:

In part: Mr. DelBoccio was retained to represent Mr. Allen in 2004. to file a lawsuit against National Truck Service resulting from the improper storage and improper repair of Mr. Allen’s tractor/tra ... iler. Mr. DelBoccio filed a lawsuit against National on or about September 22, 2004. On or about January 21, 2005, the Wayne County Circuit Court entered a judgment in favor of Mr. Allen and awarded damages in the amount of $40,000.00. From January 21, 2005 until November 22, 2005, Mr. DelBoccio attempted to collect the $40,000.00 default judgment by filing numerous requests for garnishments, requests for order to seize property and attending various hearings incident to those filings. Everything Mr. DelBoccio did was according to the letter of the law. However, the defendant (National) was concealing assets. On that date, Jack Donaldson (Complainant) of Continental Riggers, Inc. voluntarily submitted payment of $8,000.00 on behalf of National. On this night, November 16, 2005 attorney David S. DelBoccio was not present therefore making it impossible for him to make derogatory remarks to any persons. Mr. DelBoccio believed that the defendant was playing games with the legal system. Upon execution of the Order to Seize Property, Mr. DelBoccio discovered that National had been sold by Mr. Al-Atabi to his sister Hadaf Al-Atabi and formed a corporation called Five Star Trucking Services, Inc. On or about January 26, 2006 the court entered an order requiring that Mr. DelBoccio immediately return the $8,000.00 collected from Continental Riggers, Inc. and/or Jack Donaldson. Mr. DelBoccio also attempted to collect the monies from his client but Mr. Allen refused to cooperate and instructed Mr. DelBoccio to fight the decision. Thereafter, Mr. DelBoccio contacted his client and requested the repayment of the monies. By this time, Mr. Allen owed Mr. DelBoccio a large amount of Mr. DelBoccio was unable to locate his client and could not recoup the monies. Mr. DelBoccio appeared on his own and informed the Court of that fact. After the filing of the formal complaint in this matter, Mr. DelBoccio issued a check in the amount of $8,000.00 to Complainant. When the Commission sent the Complainant’s request for investigation to Mr. DelBoccio, he was not even living in the state of Michigan and was unaware of its existence. Mr. DelBoccio is a hard-working, well-respected attorney. Mr. DelBoccio has never been disciplined before. Mr. DelBoccio has enjoyed a reputation as an honest, ethical and competent attorney. Other lawyers who have been in contact with him during his practice believe he exemplifies those traits. Attorney Charles T. Berschback, who has practiced law for 27 years provided the following: I got to know David well and would discuss various pending cases and issues with him on a regular basis. He was always concerned about doing what was best for his clients. I came to know David as a man of integrity and one who would attempt to do his best work for his clients and always treat his clients with respect regardless of their socio-economic condition. Municipal Judge Russell F. Etheridge, who has practiced law for over 30 years provided the following: I got to see him on a regular basis. Based on my personal discussions with Mr. DelBoccio, he always seemed intent on putting his clients’ interests first. I can only surmise that whatever the merits, Mr. DelBoccio had no intent to engage in any unethical or inappropriate professional conduct.