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Introduction
Dedication
Under
Construction
Infrastructure
Corruption
The Bar and The Court
Advice:
Residents
Out-of-State' ers
Pleading
Re: Faurholt
Ludwig
Trust Acc'ting
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| Ethics
of Washington Judges -- to be
completed. |
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Federal
District Judge Nominee Edward F. Shea |
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Superior Court Judge Dennis D. Yule |
| Ethics
of Washington Attorneys-- to be
completed. |
Harvey
Faurholt
Malpractice and Attempted Fraud (alleged)*
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Faurholt
claimed fees for services he did not perform
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Kennewick attorney Harvey Faurholt claimed fees for 33 attorney conferences
relating to Washington State Superior Court Docket No. 93-2-01137-4.
However, 79%
(26) of the 33 attorney conferences were not billed (or even
mentioned) by the other attorneys in bills submitted to their
client.
For example, Faurholt claimed to have participated
in a conference on January 1, 1994 (New Years Day), a Saturday. The
attorney with whom Faurholt claimed to have conferred did not include charges
for that New Years Day conference in his bills.
The above facts are documented in a 1998 study
presented to Judge Dennis Yule of the Superior Court of the State of Washington
and filed with the Superior Court. Faurholt was a participant in that 1998
hearing. Faurholt did not contest
the findings of the study or the integrity of the evidence presented to
the Court.
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Faurholt
filed multiple claims for services performed once
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Faurholt claimed fees from both The Mildred R. Ludwig Trust and from the
Probate Estate of Mildred Ludwig for the same service -- one service
-- fee claimed twice.
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Faurholt
billed at attorney's rates for clerical services
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In bills examined, Faurholt charged fees in excess of $120 per hour for
certain duplication and other clerical services.
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Faurholt
refused to keep separate files for distinct clients
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Faurholt refused to comply with three August
1993 written requests from beneficiary counsel Gregory Beeler that
Faurholt maintain separate
timesheets and accountings for services performed for his
client Mary Ellen Torrez, services performed for The Mildred R. Ludwig
Trust, and services performed for the Probate Estate of Mildred
Ludwig.
In a letter to beneficiary counsel Beeler, Faurholt
acknowledged that he had not maintained separate timesheets.
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| Faurholt
filed $60,000 false claim against client's estate
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Kennewick attorney Harvey Faurholt filed a claim with the Probate Branch
of the California
Superior Court in which Faurholt attested under penalty of perjury
that deceased former client Mary
Ellen Torrez had owed Faurholt $60,000 for services prior to her
death.
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| Faurholt
had previously attested to the Washington State Superior Court under penalty of
perjury that The
Mildred R. Ludwig Trust owed him $60,000 for similar services.
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| Faurholt's
own documents expose his false claims
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Click here
to
view Faurholt's
Creditor's Claim for $60,000 against
the probate estate of Faurholt's deceased client Mary Ellen
Torrez,
submitted to the Superior Court of the
State of California. This copy of Faurholt's Creditor's Claim for
$60,000 was obtained from the Probate Branch of the Superior Court of
the State of California.
Click here
to
view Faurholt's own summary
of his total of
$44,050.17
(not $120,000, $60,000 plus $60,000, as attested under penalties of perjury)
in charges for all services performed for either Mary Ellen
Torrez or The Mildred R. Ludwig Trust..
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Faurholt's $44,050.17
total includes charges for conferences not held, double
charges for services performed at most once, charges of
$120 per hour for certain clerical tasks and $8,512.50
in charges for his services to The Mildred R. Ludwig Trust.
Click
here to
view Faurholt's own summary
of his total of
$8,512.50
(not
$60,000 as he attested under penalty of perjury) in charges for services to The Mildred R. Ludwig Trust.
(Faurholt's
$8,512.50 in itemized charges
for Trust services
would be less than $2,367 after elimination of Faurholt's allocation errors, duplicate billing,
etc.)
Both
summaries (with related tabulations of charges) were provided by
Faurholt's former co-counsel Ed Shea (the Honorable Federal District Judge
Edward F. Shea).
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| Faurholt
sued for fees but refused to submit a bill
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Faurholt filed suit against The Mildred R. Ludwig Trust and three times
has had his suit docketed for trial; but, Faurholt has not complied
with a 1997 Trustee request that Faurholt prepare and submit to the Trustee an itemized
bill.
Faurholt did not comply with
Faurholt's January
20, 1998 on-the-record commitment
to Judge Dennis Yule that Faurholt
would prepare a bill with supporting documentation "within
30 days". (It is now September of the year 2003.)
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Faurholt
sued for fees
knowing that his claims were false
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After suing for fees,
Faurholt admitted on-the-record in a January 17, 1998 deposition
conducted by Faurholt that: " and
obviously, my bills need correcting, and so, or changing, so I understand
that ". (In December 1994, Faurholt had filed a
motion requesting that the Court authorize payment of claimed
fees. Faurholt withdrew his motion after receipt of an opposition
filing noting over 30 instances of duplicate billing, incorrect
allocation of cost responsibility or other misrepresentations in
Faurholt's bills.)
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*The above admissions and uncontested facts support findings of fraudulent
intent and knowing abuse of privileges granted by the Washington State
Bar Association, i.e., attempted fraud and malpractice.
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Harvey
Faurholt
Violations of WSBA Ethics (alleged)*
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| Faurholt
solicited malpractice* |
As required by the Washington State Bar,
John G.
Schultz disclosed to Robert Ludwig, Trustee of The Mildred R. Ludwig Trust,
that Faurholt solicited from Trust counsel John Schultz advisement on
how to prosecute Faurholt's personal litigation against John Schultz'
client.*
*oral
communication, subject to disavowal, from John Schultz, former member Washington State Bar
Association (WSBA) Board of Governors and Disciplinary Board. |
| Faurholt
submitted false personal affidavits as litigant |
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In
Faurholt's efforts to obtain funds, Faurholt
submitted a number of false personal affidavits to the Superior Court of
the State of Washington: e.g., Faurholt opposed Declaration of Insolvency of the Probate Estate of Mildred Ludwig
by filing a false affidavit attesting to the solvency of the Probate Estate. Prior
to the 1997 date of filing of his affidavit, Faurholt had been served
with a CPA prepared accounting and supporting documents. The Probate Estate
has been insolvent since January 1994. |
| Faurholt
withheld documents from successor counsel |
| Following
the death of Faurholt's client, after filing suit against The Mildred
R. Ludwig Trust asserting his false claim of $60,000 for fees, attorney Faurholt
withheld from Trust counsel John Schultz financial records of deceased
Trustor Mildred Ludwig. |
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Faurholt
submitted false personal affidavits as counsel |
Prior to the death of Mildred
Ludwig, Faurholt's
client's husband emptied and closed Trustor Mildred Ludwig's safety deposit box.
As a service to his client, Faurholt
submitted to the Court a false affidavit certifying that, following the death of
Mildred Ludwig, Faurholt
had opened Mildred Ludwig's (non-existent) safety deposit
box and had witnessed the inventory of Mildred Ludwig's
(non-existent) safety
deposit box attached to his certification.
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