by: Donald Cyphers Investigative reporter
Syndicated by: Montana News
Billings attorney David S. Freedman once again has problems with the Montana Officer Of Disciplinary Counsel and the Montana Supreme Court.
Yet another Case Type: Professional Regulation Discipline Formal Complaint was filed against him by two women, Joyce Warner, and Amanda Warner both of whom are from Billings Montana.
This was not the first case that Attorney David S. Freedman miserably failed his clients.
During his law career, many have suffered greatly due to his inability to handle his clients properly.
Freeman simply failed his clients on many levels as will be laid out in this article and by his own admission to the Office Of Disciplinary Counsel and the ODC's Complaint allegations.
The latest case was regarding an accident personal injury case that involved the Warner mother and daughter. On May 28, 2015, Joyce and Amanda Warner hired Billings Law firm Freedman and Assoc. Law Group to represent them.
A contingency fee agreement was signed on May 28, 2015. David S Freedman's representation started out bad from the beginning.
Months went by and the Warner women had no contact from David S. Freedman even though despite numerous attempts to contact Freedman he basically dodged them and did not respond.
Finally, the Warner women fired David S Freedman on September 20, 2017.
The Warner's requested in that termination letter that David S Freedman return all of the documents related to Amanda's case.
What was the response by David S. Freedman?
Instead, Freedman ignored their request and did not return the documents to Amanda Warner.
The mother, Joyce Warner then took it upon herself to represent her own daughter Amanda and on September 26, 2017, had actually successfully negotiated a settlement for an amount that was over and above the total losses sustained from the accident.
Joyce Warner should have been a lawyer herself. What brilliance she displayed in handling her own daughter's case.
This was not the first time that David S. Freedman failed his clients.
Accordingly an aggravating factor, the Montana Supreme Court had already censured Freedman on January 10, 2017, for his bad actions on (3) prior cases.
In one case he admitted to violating Rules 1.1,1.3, and 3,4(d), MRPC.
In the second case, Freedman admitted violating Rules 1.1,1.3,1.4, and Rule 1.16(d), MRPC.
In the Third case, Freedman admitted to violating Rule 1.4 and Rule 1.16(d). MRPC.
Notice in all three of these cases that David S. Freedman failed, he violated the same rules over and over and over again.
Some of the specifics of the Warner case failures and bad actions by David S. Freedman were that he failed to negotiate an insurance settlement and did not respond to his clients for (2) years failing to handle their case in a diligent manner.
Freedman failed to reasonably communicate with the Warners.
Freedman failed to respond at all to the Warners.
Freedman failed to return documents to the Warners.
Freedman's conduct constituted a violation of Rules 1.4 and 1.16(d).
These are the same violations in three previous cases that were outlined earlier in this article. Notice the pattern?
When the ODC tried to get involved, David S. Freedman even failed to respond to the ODC inquiries which now provided for additional grounds for disciplinary actions based on David S. Freedman's failure to promptly and fully respond to the ODC's inquiries.
Finally, David S. Freedman did respond to the ODC and admitted that he had been admitted to practice law in 2009 in Montana and that the following cases he failed to represent properly.
Dec 1, 2011, Christopher Sorensen from Miles City was injured and hit by a vehicle. David S. Freedman was retained on Jan 2012. Freedman failed to respond to opposing counsel.
In violation of Rule 1.1, MRPC David S. Freedman failed to act with reasonable diligence and promptness in representing his client Sorensen.
Freedman also violated Rule 1.3, MRPC and Rule 3.4(d) MRPC and Rule 1.4, MRPC and violated Rule 8.4(d), MRPC.
Then we have Carole Bomar from Cut Bank Montana. She had medical complications from radiation and drug therapy for cancer. David S. Freedman had communication with Carole Bomar that he would advance $2,000.00 for an expert opinion if she would sign an attached fee agreement.
Freedman failed to inform Bomar of the report findings.
The report did not support Bomar's position. Freedman failed to notify Bomar that he was not going to represent Bomar.
Freedman violated Rule 1.1, MRPC and Rule 1.3, MRPC and Rule 1.4, MRPC including Rule 1.16(d), MRPC. regarding Carole Bomar.
Then we have the Law's, (Steven and Pamela). This was a divorce case. In this case, David S. Freedman failed to notify Steven Law of an Order to Compel and by the time Notice reached the address in Medora, North Dakota it was just days before the deadline which was on July 13, 2015.
Freedman violated Rule 1.4, MRPC, Rule 1.16(d) MRPC.
Once again, notice the same violations occur over and over again in different cases.
The outcome of these violations in an accumulative manner is the suspension of David S. Freedman as a Montana Lawyer. Is David S. Freedman a BAD lawyer? You the reader decide for yourself.
This article was published by: Donald Cyphers Investigative reporter License# USPA-ID-US/VI-01/29995