No Justice In Texas
What to do to get justice done in Texas when the State Bar of Texas is obstructing justice and nobody wants to help? This is the situation I'm in for the past few years. I was defrauded by attorney Ilene Smoger of Dallas, Texas. She told me to endorse an insurance check to a third party. The check was for me to cover my expenses, but because she was my lawyer, I thought that's what I needed to do. Ms. Smoger and the third party (the chiropractors that were treating me, this happened after a car accident) double-billed both my health and car insurances for the EXACT SAME serivices, which constitutes insurance fraud and is a felony. The fact that Ms. Smoger was my attorney at the time representing me means she had a fiduciary duty towards me and she wasn't supposed to defraud me. Doing that and telling me to endorse an insurance check for $2,156.50 to her friends the chiropractors constitutes a jail-term felony. That means she was supposed to be disbarred so she wouldn't be able to defraud any more of her clients ever again, she was supposed to refund me the money she defrauded me, and she was supposed to go to jail for up to a year. That's what the law says. The law is very clear in this matter. The laws are written on the State Bar of Texas website for anybody to read. I fired Ms. Smoger and filed a grievance against her with the State Bar of Texas. However, the State Bar of Texas REFUSED to uphold justice and to discipline a crooked attorney that should have been disbarred. There is no difference between the State Bar of Texas and any other corrupt government in the world.
It is impossible to get any justice done in Texas. Not only was attorney Ilene Smoger a crook who defrauded her client and partook in insurance fraud, but she did so because she had the help of other attorneys, the State Bar of Texas, and some political figures such as Senator Florence Shapiro. I approached Ms. Shapiro at the beginning of 2004 asking for her help. At that time I already knew that the State Bar of Texas obstructed justice simply by visiting their website and looking into the Texas Rules of Disciplinary Procedure that dictate how an attorney must behave. By the time I approached Ms. Shapiro I already knew that what Ms. Smoger did to me is called a STATE-JAIL FELONY which carries a mandatory jail sentence of up to a year. Ms. Smoger committed serious crimes, and because she was my attorney and had a duty towards me, her serious crimes should have resulted in her being disciplined by the State Bar of Texas and most likely disbarred. Other attorneys get disbarred for lesser offenses. Instead, the State Bar of Texas decided that what Ms. Smoger did (defrauding her client, partaking in insurance fraud) DID NOT CONSTITUTE LEGAL MALPRACTICE. That is a lie. What Ms. Smoger did IS THE DEFINITION OF WHAT LEGAL MALPRACTICE IS. Unfortunately, with shysters like those in charge of the State Bar of Texas, there is no way that a crook such as Ilene Smoger will ever get disciplined. Ms. Shapiro refused to help and intimidated those who tried to help me. That is called "Obstruction of Justice". How can Texas have an effective government if the government refuses to uphold its own laws and intimidates those who do? This is not what citizens should expect from their government. Citizens expect the government to protect them from crooks, not to be the crooks. It is very troubling that a Senator would intimidate another politician for upholding the law. It is also very troubling that an attorney, Bryan Stone, died because of this case.
After I fired Ms. smoger I had to hire other attorneys. The first two attorneys quit my case within a month of the filing date, which is called "breach of contract". Finally I was referred to Mr. Stone, who took my case and filed it. What I did not know at the time, was that Mr. Stone was friends of an attorney who worked for Ms. Smoger, and that the only reason he took my case was to ruin it as much as possible and to prevent me from suing the chiropractors that injured me and defrauded me (the friends/partners in crime of Ms. Smoger). When the second insurance check arrived to Mr. Stone's office, the attorneys simply forged my signature and that of my husband's on its back, cashed the check and kept the money. That check was in the names of Ms. Smoger (which I fired and should have been disbarred by the State Bar of Texas), Mr. Stone, my husband's and mine. Only the attorneys kept the money.
A year later, I had to hire yet another attorney to try to collect the money from Mr. Stone. the day Mr. Stone was going to tell us what he did with the money, he appeared shot in the head inside his car in a parking lot in a bad part of town.
The State Bar of Texas sent me a letter to go pick up my file because the case was closed. they removed a copy of the cashed check from the file before handing me the file.
It's a pity that Mr. Stone was shot in the head in order to protect Ms. Smoger, the shyster attorney who should have been disbarred. Had the State Bar of Texas upholded the law the way they were supposed to do and they had disbarred Ms. Smoger after the hearing, Mr. Stone would be alive.
Ms. Smoger is very well connected. She used to be the President of the North Dallas Bar Association. Mr. Stone was her patsy. We know what happens to patsies here in Dallas.
How can a government be effective if it refuses to uphold its own laws and commits criminal acts to prevent justice from being done? How can a government expect its citizens to respect it if that same government commits crimes against the citizens? what is the difference between a corrupt governmet like the one in Texas and any other government in Third World Countries? Shouldn't we expect Texas to be treated by the same standards as the governments in other countries? How can we expect anybody in the world not to consider this government an exercise in hypocrisy when it allows corruption and obstruction of justice to go unpunished withi its own borders? How can citizens vote or feel confident having a Senator Florence Shapiro as part of the government when she obstructs justice and intimidates those who try to help the citizens? How can anybody in the world have confidence that this is a just and effective government when it allows at home the same behavior it claims to fight overseas?
It is impossible to get any justice done in Texas. Not only was attorney Ilene Smoger a crook who defrauded her client and partook in insurance fraud, but she did so because she had the help of other attorneys, the State Bar of Texas, and some political figures such as Senator Florence Shapiro. I approached Ms. Shapiro at the beginning of 2004 asking for her help. At that time I already knew that the State Bar of Texas obstructed justice simply by visiting their website and looking into the Texas Rules of Disciplinary Procedure that dictate how an attorney must behave. By the time I approached Ms. Shapiro I already knew that what Ms. Smoger did to me is called a STATE-JAIL FELONY which carries a mandatory jail sentence of up to a year. Ms. Smoger committed serious crimes, and because she was my attorney and had a duty towards me, her serious crimes should have resulted in her being disciplined by the State Bar of Texas and most likely disbarred. Other attorneys get disbarred for lesser offenses. Instead, the State Bar of Texas decided that what Ms. Smoger did (defrauding her client, partaking in insurance fraud) DID NOT CONSTITUTE LEGAL MALPRACTICE. That is a lie. What Ms. Smoger did IS THE DEFINITION OF WHAT LEGAL MALPRACTICE IS. Unfortunately, with shysters like those in charge of the State Bar of Texas, there is no way that a crook such as Ilene Smoger will ever get disciplined. Ms. Shapiro refused to help and intimidated those who tried to help me. That is called "Obstruction of Justice". How can Texas have an effective government if the government refuses to uphold its own laws and intimidates those who do? This is not what citizens should expect from their government. Citizens expect the government to protect them from crooks, not to be the crooks. It is very troubling that a Senator would intimidate another politician for upholding the law. It is also very troubling that an attorney, Bryan Stone, died because of this case.
After I fired Ms. smoger I had to hire other attorneys. The first two attorneys quit my case within a month of the filing date, which is called "breach of contract". Finally I was referred to Mr. Stone, who took my case and filed it. What I did not know at the time, was that Mr. Stone was friends of an attorney who worked for Ms. Smoger, and that the only reason he took my case was to ruin it as much as possible and to prevent me from suing the chiropractors that injured me and defrauded me (the friends/partners in crime of Ms. Smoger). When the second insurance check arrived to Mr. Stone's office, the attorneys simply forged my signature and that of my husband's on its back, cashed the check and kept the money. That check was in the names of Ms. Smoger (which I fired and should have been disbarred by the State Bar of Texas), Mr. Stone, my husband's and mine. Only the attorneys kept the money.
A year later, I had to hire yet another attorney to try to collect the money from Mr. Stone. the day Mr. Stone was going to tell us what he did with the money, he appeared shot in the head inside his car in a parking lot in a bad part of town.
The State Bar of Texas sent me a letter to go pick up my file because the case was closed. they removed a copy of the cashed check from the file before handing me the file.
It's a pity that Mr. Stone was shot in the head in order to protect Ms. Smoger, the shyster attorney who should have been disbarred. Had the State Bar of Texas upholded the law the way they were supposed to do and they had disbarred Ms. Smoger after the hearing, Mr. Stone would be alive.
Ms. Smoger is very well connected. She used to be the President of the North Dallas Bar Association. Mr. Stone was her patsy. We know what happens to patsies here in Dallas.
How can a government be effective if it refuses to uphold its own laws and commits criminal acts to prevent justice from being done? How can a government expect its citizens to respect it if that same government commits crimes against the citizens? what is the difference between a corrupt governmet like the one in Texas and any other government in Third World Countries? Shouldn't we expect Texas to be treated by the same standards as the governments in other countries? How can we expect anybody in the world not to consider this government an exercise in hypocrisy when it allows corruption and obstruction of justice to go unpunished withi its own borders? How can citizens vote or feel confident having a Senator Florence Shapiro as part of the government when she obstructs justice and intimidates those who try to help the citizens? How can anybody in the world have confidence that this is a just and effective government when it allows at home the same behavior it claims to fight overseas?
posted by diana at 4:54 PM
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