Bill Wagner

Bill Wagner

The former client writing the review claimed to have been in an accident with a paving roller in 1994 that caused him some injuries. A lawyer formerly with our firm was responsible for the file. I was not the principle attorney on the case, but was aware of the circumstances of the representation. During the representation, testimony was presented at depositions. One witness stated that the client indicated that the injuries were not what the client had claimed them to be. From notes in our file regarding the substance of the deposition testimony, at some point after the client was injured, he apparently asked her how he could "build up" his case. She suggested a number of ways which seemed to fit the client's claimed injury history. She also testified that the client "already knew the game". The 1994 accident had been preceded by 3 other accidents, one of which in 1992 had very similar injuries. In addition she testified in detail to participation in two fake accidents. She also testified about drug use with the client. Based on the deposition testimony and based on other investigation into the matter, the attorney responsible for the file, met with the client to discuss the matter in full. After that discussion the firm decided to withdraw from the representation. The client consented to the withdrawal and memorialized his consent by signing the motion to withdraw itself. As part of the withdrawal, we disclaimed the right to any fee whatsoever Apparently, after we withdrew as his attorney, the client was represented by a second attorney. At some point, that attorney ceased representing the client and a third attorney became his lawyer. The third attorney apparently settled the case in 2002. We have no information regarding the circumstances of the settlement, but we did nothing to prejudice his case and he was represented by at least two other lawyers after we withdrew. This firm received $3000 out of the settlement in partial repayment of over $11,000 in costs advanced by the firm in preparing his auto claim for trial before the adverse information about his claim came to light. The client approved the reducted payment. Recently the client called asking that we testify on his behalf before a Federal judge in a criminal matter pending in Federal Court in which he is the defendant. It appears that having pled guilty in 2000 to a 1998 indictment of six counts of bank robbery and one count of being a felon in possession of a firearm, he is contesting the sentence and asking for a modification of his obligation to pay restitution to the banks involved. We responded that, if subpoenaed, we would testify to the extent allowed in view of his attorney client privilege (if not waived), but suggested this may not be in his best interests. No subpoena has been received. As an aside, the attorney in this firm actually representing the client in 1996 is no longer with this firm, and the personal representation was not by Bill Wagner. Bill Wagner