David Scott Heier

David Heier

Following a free phone consultation, this client later arranged for an office meeting to hire me on a divorce case. After we met, we had a little difficulty receiving all the divorce information for the required forms, but finally worked through that. We had been in communication as there are 26 emails in my file. Some of those emails were from the client's sister rather than the client. Due to client confidentiality, it is not permitted for me to communicate with third-parties about my client's case without the permission of the client, which I did not have. My phone records have no record of any phone calls to or from the phone number in our client file. If there were phone conversations, it was with a different phone number than the one that was given to me by the client. During the COVID epidemic all our cases were placed on hold. Courts were closed. Online court appearances were beginning to be introduced. Office meetings with clients were limited. We had an overflow of client cases to work through. I should not have taken on any additional cases until the backlog was significantly reduced. That was my mistake. But because I had already had a previous phone consultation with this client, I decided to accept the case. There is no email or record of a phone call from my client terminating my services prior to the filing of the divorce. When the divorce papers were emailed to the client after being filed, the client emailed back and that is when the client first informed me that my services were terminated. I then was required to cancel the service of process. In the email, the client instructed me not to have any contact. Because I knew the client was living with a relative, I had no way of confirming the client's current address. The funds are waiting to be distributed. I've called and left a message and I'm waiting to hear back from the client. Anytime there is a breakdown of communication with a client I will always take full responsibility.