In looking over the agreement I had some observations I wanted to share.
It appears the focus of the retainer agreement is Alternate Dispute Resolution services with the lender of the tipster (send in your tips here). in this case Bank of America.
The law firm says they will talk to the client, witnesses, identify appropriate parties, review documents, consult, and communications.
After this they will discuss, write and meet about the case, perform some legal research and prepare a written opinion if required or appropriate.
Then they will review the case, request materials, gather documents, and prepare affidavits.
Finally they will plan for a four-way meeting, create a Alternate Dispute Resolution demand letter, draft offers to settle and implement a settlement offer.
What I found interesting was when the firm would collect their fee. It appears the client has three options.
The first is to accept the settlement offer the firm will offer the lender. Second, is to continue the representation into a mass joinder lawsuit. Third, continue to work towards an agreement with the lender.
As you can see above, if options two or three are selected the client will then have to pay $250 or $350 in addition each month.
This pages has some interesting items on it as well.
It says Fieldstone Law “will not represent Client in any lawsuit, or to intervene in any proceedings and/or stop any proceedings for any specific issue, Client may retain an attorney at Client(s) own expense.”
It also says the attorney does not have insurance in case of errors and that Fieldstone Law doesn’t even have to do the work themselves, they can farm it out to anybody they want and the client is giving authorization for them to release client funds to pay for it.
The agreement gives no guarantee of any outcome and is silent about refunds.
And All This for Only…
Fieldstone Law provided the consumer with a form for payment for $4,500.
It appears the website for Fieldstone Law was recently transferred in April 2011 to an owner I can’t see.
Fieldstone Law was incorporated in California in June 2011
FIELDSTONE LAW PC
Entity Number: C3387216
Date Filed: 06/20/2011
Entity Address: 100 W BROADWAY STE 100
Entity City, State, Zip: GLENDALE CA 91203
Agent for Service of Process: LEGALZOOM.COM, INC.
Agent Address: 100 WEST BROADWAY SUITE 100
Agent City, State, Zip: GLENDALE CA 91210
The firms states they are located at:
1900 Quail Street Suite 137
Newport Beach CA 92660
E. [email protected]
In checking out the address associated with the company I discovered it was the same address that had been used for marketing mass joinder suits under the name of K2 Law and Mitchell J Stein & Associates.
K2 Law / Mitchell J. Stein & Associates
1900 Quail Street, Suite 137
Newport Beach, CA 92660
Office (888) 938-5554 x2194
Direct (949) 313-2194
Fax (714) 845-9094
[email protected]” – Source
Another listing shows that address was related to Kramer & Kaslow, “Orange County Division 1900 Quail Street, Suite 137 Newport Beach, CA 92660 Phone: (888) 938-5554 Fax: (949) 313-5027 Email: [email protected]”
The officer of Kramer & Kaslow and Mitchell Stein were recently raided by law enforcement in California.
Another interesting tidbit is that even though Fieldstone Law says their attorney is Frank Barilla, he actually lists a different office address and telephone number.
2107 N Broadway #101
Santa Ana, CA 92706
What’s interesting is that according to State of California records, that company is suspended.
LAW OFFICES OF FRANK BARILLA AND ASSOCIATES, P.C.
Entity Number: C2721554
Date Filed: 02/18/2005
Entity Address: 2107 N. BROADWAY STE101
Entity City, State, Zip: SANTA ANA CA 92706
Agent for Service of Process: FRANK BARILLA
Agent Address: 2107 N. BROADWAY STE 101
Agent City, State, Zip: SANTA ANA CA 92706