Same pictures zoom posted december 25, 2007

These pictures were first posted on December 25, 2007. I cannot zoom them on this post, but if you go to the post of December 25, 2007, you'll find them there. There you can zoom them and see all of the details. The insurance checks cashed by the attorneys were they defrauded me of the insurance money, and the fact that the second insurance check was cashed by them by forging my signature on its back. What kind of attorneys would do such a thing, cashing an insurance check by forging the client's signature on its back? The kind of attorney who knows nothing will happen to them because the State Bar of Texas doesn't discipline dishonest attorneys. Please note that I already had fired Ilene Smoger because she defrauded me but was forced by the State Bar of Texas to retain her as my attorney - by law, they should have disbarred her. They refused to do it. Ilene Smoger already knew she could get away with stealing the second insurance check because the State Bar of Texas wouldn't do anything to her. Did she received special treatment, or does the State bar of Texas does the same for all its members? Indeed, the State bar of Texas is a country club for lawyers. They shouldn't be the ones in charge of disciplining those same lawyers they coddle so much.
Dede Keith works for the Governor. As you see from her letter, she is aware of the misconduct by the State bar of Texas. The Governor of Texas knows about it, too. I wrote to him. They know that the State Bar of Texas allows dishonest attorneys to remain practicing in Texas with clean records, and that is very detrimental to the public. It only benefits the dishonest attorneys, not the public. The Governor's duty is to do what is best for the public, not for the dishonest attorneys. In that sense, Governor Perry is failing miserably at his job. He is not performing his duty.
Ilene Smoger should have been disbarred for committing Professional malpractice and State-jail Felonies and she still needs to be disbarred. There must be transparency in the government's decisions and the public must be able to know when attorneys are dishonest. Since the State Bar of Texas refuses to discipline attorneys who commit serious crimes, then another organization should take over.
Who knows how many more lawyers are in the same situation, [racticing law in Texas with clean records when they should have been disbarred.

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No justice in texas

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No Justice In Texas is the title of the soon to be published account of an average citizen's struggle to get justice done in Texas, which proves to be an impossibility. After a car accident, D. hired attorney Ilene Joy Smoger of Smoger & Associates ^[1]

1. ^ http://www.texasinjurylaw.com

to represent her - but Ilene Smoger defrauded her, partook in insurance fraud, and kept the money. Although those are serious crimes and by Texas law Ilene Smoger should have been disbarred, sent to jail and forced to refund the money stolen, the State Bar of Texas ^[1]

1. ^ http://www.texasbar.com

decided to break the law and not to discipline Ilene Smoger, who was allowed to remain in Dallas practicing law with a clean record. At the time, Ilene Smoger was the president of the North Dallas Bar Association. D. then proceeded to contact as many people in the government to try and help her. She contacted politicians, most notable Senator Florence Shapiro ^[1]

1. ^ http://www.shapiro.senate.state.tx.us

, Representative Kenny Marchant, Texas Attorney General, Texas Governor, the Texas Center for Legal Ethics and Professionalism (a misnomer) ^[1]

1. ^ http://www.txethics.org

, and both candidates for the 2008 Presidency. Her case resulted in the convenient death of attorney Bryan Stone, that is, convenient for the State Bar of Texas. Mr. Stone was found dead of a gunshot to the head the day he was going to confess what he had done with the money of the insurance check both him and attorney Ilene Smoger cashed by forging the signature of their client (although Ilene Smoger had been fired for insurance fraud and embezzlement, the State Bar of Texas forced D. to keep her as an attorney and she collected money from the second insurance check, the one the lawyers forged D. signature to cash it).

For over a decade D. kept trying to get justice done in Texas. However, the State Bar of Texas and Texas politicians continue in their refusal to discipline Ilene Smoger, refund the money Ilene Smoger stole from D., and explain the reasons (other than the fact that the State Bar of Texas is a corrupt country club for lawyers) why they didn't discipline an attorney who committed state-jail felonies. D. also realized that she was not alone. There were far too many people who had been defrauded by their attorneys and the State Bar of Texas refused to discipline those attorneys. Unlike police departments that have internal affairs units, the State Bars of Texas is a self-regulating organization that refuses to regulate itself. The public has no way of knowing when an attorney is a crook or not, because both crooks and non-crooks are allowed to practice in Texas with clean records. The State Bar of Texas' decisions lack transparency, and they do not discipline dishonest attorneys. Ilene Smoger remains practicing law in Texas with a clean record. Who knows how many more crooks like her are practicing law in Texas with clean records, courtesy of the State bar of Texas.

Other articles about the State Bar of Texas failure to discipline dishonest attorneys are ^[1]

1. ^ http://www.ripoffreport.com/reports/0/409/RipOff0409799.htm

and ^[1]

1. ^ http://www.ripoffreport.com/reports/0/229/RipOff0229509.htm

, and the website ^[1]

1. ^ http://texasbarwatch.us

The objective of No Justice In Texas is to relate D.'s experience trying to get justice done in Texas so people can be aware of what really goes on when an attorney defrauds his/her client, and to change the system. If the State Bar of Texas refuses to discipline attorneys who commit felonies and other crimes, as in the case of Ilene Smoger, then a different organization should be in charge of disciplining attorneys. that organization cannot be the Texas Center for Legal Ethics and Professionalism because they are also not interested in promoting ethics among lawyers. It must be a different organization and their decisions must be transparent for the public to see. To protect the public from predatory attorneys like Ms. Smoger, the organization in charge of discipline cannot protect the predatory attorneys. Therefore, the State Bar of Texas should not be in charge of discipline.
The State Bar of Texas is too corrupt.

Retrieved from "http://en.wikipedia.org/wiki/No_justice_in_texas"

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Comment about the State Bar of Texas and Politicians

In this election year there is a strong focus on ethics. Both candidates claim to be agents of change and emphasize their commitment to purge the government of corruption. Down with earmarks, pork and payouts. Clean the government and don’t tolerate corruption at any level. Politicians and other elected officials are public servants whose number one priority is to serve the public and not their own personal interests.
Or so it should be.
It is not in Texas.
In Texas, the State Bar refuses to discipline attorneys who commit serious crimes. An attorney can defraud his/her client, forge a client’s signature on the back of an insurance check and cash it, commit insurance fraud and other felonies that merit disbarment and jail time, and the State Bar of Texas will not discipline say attorney and allow him/her to continue practicing law in Texas with clean records. Any questions regarding as why the State Bar of Texas breaks Texas law by doing so remain unanswered. According to the State bar of Texas, their decisions are confidential and they don’t need to explain why they decide not to discipline an attorney who commits Professional Malpractice.
Who knows how many attorneys are in Texas practicing law when they should have been disbarred, courtesy of the State Bar.
Texas politician are no help either. The public can write to them and lead with them for some help, to no avail. Southern-Fried-Justice at its very worst.
We need transparency in the government. Regardless of which candidate will be elected by year’s end, we need transparency now. We need a government that doesn’t tolerate corruption and protects the public, something the State Bar of Texas, and Texas politicians, are unwilling to do.
Too much pork in the barrel.
We need change. We need a government that doesn’t treat the public as its private property, as if we were the serfs of old. We need a government that combats cronyism and will do what is in the public’s best interest.
A government that will never allow the State Bar of Texas to break Texas law in order to protect a dishonest attorney who committed felonies.
A government unlike the one we have now in Texas.
A real government.
We need change.
Let’s hope we get it.

The Convenient Death of Attorney Bryan Stone

THE CONVENIENT DEATH OF ATTORNEY BRYAN STONE

Bryan Stone wasn’t a criminal mastermind, as the State Bar of Texas would like the public to believe. He was short and overweight, and had a small practice when I first met him. Bryan Stone wanted to be successful, and for that he needed to play ball with the big boys at the State Bar of Texas. He needed to obey their orders, even if that meant breaking the law, and breaking the law he did. Bryan Stone took my case only to damage it as much as possible and prevent justice from being served. However, he couldn’t keep up the pace of his deceit, and eventually it caught up with him. A year after both him and attorney Ilene Smoger forged my signature on the back of the insurance check and cashed it, Bryan Stone ran out of lies on why it was taking so long for the insurance check to arrive. In desperation, he had his former partner call my new attorney begging her not to proceed with my case because they would get in a lot of trouble. Strong words coming from the mouth of a lawyer, pleading with a colleague not to do the right thing. The night before he was supposed to tell my new attorney the whereabouts of the insurance money, Bryan Stone met with somebody inside his car at a parking lot in Dallas, Texas. That night Bryan Stone died of a gunshot to his head.

The next day I received a call from my new attorney telling me that Bryan Stone’s former partner called her to let her know of his death, and that the insurance money was gone. Bryan Stone’s former partner kept calling my new attorney and directing her, which I thought was unusual. After that, my new attorney sent me a report painting Bryan Stone as a criminal who’d defrauded many, many people, including somebody for over a million dollars. She insisted I could never recuperate my money because too many people were after his estate, and I had to forget about the insurance money both Bryan Stone and Ilene Smoger defrauded me.

Later, I found out that was a lie.

In 1971, the Client’s Security Fund of the State Bar of Texas was created to refund clients who’ve been defrauded by their attorneys, or whose attorneys have died before the client could collect the money. I qualified for both requirements. However, there was a big problem: Ilene Smoger. She and Bryan Stone had cashed my insurance check after my name was forged on its back. Her name was on the front of the check (even though I had fired her as my attorney because she had already defrauded me of a previous insurance check). The State Bar of Texas was doing everything in their power to protect her, and that meant breaking every single law in Texas. They wouldn’t - couldn’t - allow me to learn about the Client’s Security Fund and have me file a petition for the insurance money they owed me. The check had been cashed by forging my signature, and both Bryan Stone and Ilene Smoger’s names were listed as the attorneys representing me. So my new attorney wrote me a wild report depicting Bryan Stone as a master criminal who owed money to everybody and their mother. She never mentioned once the Client’s Security Fund, even though that was the place for me to request my money as it is the normal procedure.

Another Texas lawyer breaking the law. Déjà vu all over again.

Bryan Stone wasn’t a criminal mastermind, as the State Bar of Texas would like the public to believe. Bryan Stone was a patsy. We all know what happens to patsies in Texas.

Dede Keith, where are you?

Well, Ms. Keith, I received your emailed letter dated December 17, 2007, stating that Gib Walton would take a look into my case. (Yeah, right). I never heard from you again and, needless to say, I never heard from Gib Walton. (Surprise, surprise). I did email you back, but you didn't respond to my email.
So, how much longer will it take for the Texas government to do the right thing and dispense justice? If the State Bar of Texas is corrupt and refuse to uphold Texas law and discipline attorneys who commit state-jail felonies, then the Texas government must intercede. There cannot be two different standards when applying the law. When an attorney defrauds her client and commits fraud, then that attorney must be disciplined in accordance to the law. To claim that an attorney who defrauded her client DIDN'T DO ANYTHING WRONG is a fallacy and goes against the Texas Rules of Disciplinary Procedures. Any attorney who defrauds her client is committing Professional Malpractice, and that includes the attorney who defrauded me. Her name is Ilene Smoger of Smoger and Associates. The State Bar of Texas refused to discipline her even though she should have been disbarred in accordance to the law. She is still practicing law with a clean record in Dallas. Her law firm also have offices in Oakland, California.
Ms. Keith, I'm also curious about the reason why Senator Florence Shapiro refused to uphold the law after I contacted her. Through her aides, she said she would not do anything and that I deserve what happened to me because I went to the hearing without an attorney. I failed to see the reasoning behind her actions. I deserve not to have justice done because I went to the hearing without an attorney??? First of all: my then attorney Brian Stone said I should go to the hearing by myself. I followed the advice of my attorney. Second: I didn't know at the time, but Mr. Stone was friends with a lawyer working for Ms. Smoger, and all he did after taking my case was trying to destroy as much as possible to benefit Ms. Smoger and her chiropractor friends/partners in crime. Third: Ilene Smoger defrauded me. Period. The evidence is very clear, and it always was. Whether I went to the hearing with or without an attorney is irrelevant. The hearing was to determine whether Ilene Smoger defrauded me or not, not whether I went by myself or with an attorney. The investigative panel stated that Ms. Smoger stole my money. Those are the three relevant issues. Ms. Keith, I'm very curious as the reason why Senator Florence Shapiro is protecting shyster Ilene Smoger.
There is no justice in Texas. The State Bar of Texas and the Texas government make a mockery of justice. As long as the State Bar of Texas refuses to discipline attorneys who commit state-jail felonies and deserve to be disbarred, and as long as the Texas government refuses to uphold Texas law and protects those same shysters, nobody in Texas is safe. How can a regular person in Texas choose an attorney with any confidence, if the State Bar of Texas refuses to discipline shysters? If any shyster can practice law in Texas with a clean record, then what is the point in having a clean record? It means nothing to the general public.
If Mr. McCain wants to have a fighting chance of getting elected, he must distance himself from all the corrupt Texas politicians. Which means, he must distance himself from everybody in the Texas government. Mr. Obama advocates change, Mr. McCain has a reputation for honesty. Well, let's see who is willing and able to help a regular person obtain the long-denied justice she seeks.
In the meantime, Ilene Joy Smoger continues practicing law in Texas with a clean record when in fact she should have been disbarred. Who knows how many more shysters like her are in the same situation, practicing law in Texas with a clean record ready to defraud their unsuspecting clients.

Question to Senators Clinton, McCain and Obama

Dear Senators Clinton, McCain and Obama:

The three of you are vying for the presidency of the US. The three of you claim to stand for change, the fight against corruption, and regular people. What would your government do to help a person who've been continuously denied justice by the State of Texas and the Bush Administration? There has never been any doubt that I was defrauded by attorney Ilene Joy Smoger. There has never been any doubt that what happened is called "insurance fraud" and it's a state-jail felony punishable by jail time and the disbarment of the attorney in question. The Texas Rules of Disciplinary Procedure are very clear at stating what constitutes Legal Malpractice. What Ms. Smoger did constitutes Legal Malpractice. However, the State Bar of Texas decided NOT to discipline her in spite of the fact she should have been disbarred according to Texas law and sent to jail.

Do any of you, senators, believe that lawyers are entitled to defraud their clients and insurance companies and not be disciplined by their State Bars? Do any of you believe that attorneys and government officlas are above the law? Is any of you willing to actually help a regular person obtain justice that has been systematically denied by the State of Texas? Is it possible to ever obtain justice in Texas when the perpetrator of the crime is an attorney who happens to be well-connected with Texas government officials?

To refuse to discipline an attorney who committed state-jail felonies, to refuse to uphold the law and to refuse to serve Justice is the trademark of the State Bar of Texas and of the Texas government. Is it fair, also, for us registered voters to assume those traits are traits any of you supports and shares?

There is no justice in Texas. There is no justice for Texans. When the Texas government is the one to break the law to protect a criminal, nobody is safe.

I often wonder why is that Ilene Smoger received this protection. Is she special, or is this the way the State Bar of Texas and Texas government treats all shysters that commit state-jail felonies and defraud both their clients and the insurance companies?

In 2007 the State Bar of Texas ran a contest called "Justice for Texans". The hypocrisy is overwhelming. There is NO Justice In Texas For Texans BECAUSE the State Bar of Texas REFUSES to discipline shysters. I emailed ALL the judges for the contest regarding my case. Not one of them emailed me back. Nobody in Texas is interested in upholding the law, and that includes the five people who judged the "Justice For Texans" video competition. All I received was an email from Governor Perry's office stating they would look into it. We are now at the end of April.

Governor Perry is a typical Texan politician. That means he is not interested in upholding the law and dispensing justice. It means Ilene Smoger will remain practicing law in Dallas with a clean record. It means there is no Justice for Texans AT ALL.

How long does it take for people to actually get justice done in Texas? Why is that the only politician who wrote a letter in my behalf

Insurance checks attorney Ilene Smoger defrauded me

These are two insurance checks that attorney Ilene Smoger of Dallas, TX, defrauded me. The first check is for $2,156.50. Attorney Ilene Smoger told me to endorse the check to her chiropractor friend F. Lee Moses so he could cash it. That is fraud. That money was for me to pay for my bills. Attorney Ilene Smoger committed insurance fraud. I fired her. The moment she defrauded me, our contract became voidable. That is what the law says. She put a lien on my case. I filed a complaint against her. During the hearing, the investigative panel stated in clear terms that Ms. Smoger stole my money. Then I received a letter from the State Bar of Texas claiming the attorney didn't do anything wrong. That is a lie. Attorneys that commit insurance fraud are doing something VERY wrong. The second check the attorneys simply cashed it by FORGING my signature on its back. They knew I was not going to endorse the check to them, so they forged my signature and kept all the money. (My signature is under a blank piece of paper). Forgery of a client's signature and keeping her money is a serious crime. According to the State Bar of Texas, attorneys who forge their clients' signatures on the back of insurance checks and cashed them are not doing anything wrong. The State Bar of Texas doesn't discipline attorneys who forge their clients' signatures and keep the clients' money. The State Bar of Texas is a corrupt organization that allows shysters to practice law in TX. Memo to the State Bar of Texas: Forgery IS wrong. It IS a crime. Become acquainted with Texas law. Attorneys who commit fraud, forgery and insurance fraud get disbarred and sent to jail. That is according to Texas law.

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?