Complaint Review: attorney eric dobberstein - henderson nevada

My wife had a motor vehicle accident, two years lapses and its almost the arbitration date and my attorney withdraws as our attorney and now threatens to file a lien for almost $4,000.00 dollars. Thank God my son that was in the accident (who just had brain surgery months prior) was not severely hurt the other side agreed on a settlement for the children and it was scheduled for an arbitration date. Then our attorney withdraws. He pulls this on us when we don't have the money for this. I can't believe that a lawyer is allowed to pull something like this in this day and age. This is a true travesty of justice and we need help yesterday as all of these legal documents are hitting us from both sides. please help!

Here is a time line of events.

Please note, that the accident was not my fault. The person who hit me was ticketed by the police.

Nov. 30 , 1999

I had appt. w/ Atty. Eric Dobberstein The appt. w/ very quick & brief. We discussed the case briefly & the atty. sent me to see a Dr. Edward Fishman for my therapy....Then he left the room.

His assistant came into the room, asked for the police report, left the room & made a copy. She then walked back into

the room, handed me a "Contingency Retainer Agreement" & showed me where to sign. She stated, "It's just a standard contingency ....If you don't get paid, we don't get paid ." I signed it. She was in a big hurry.

*Note: she did not give me a copy & simply said that she w/ mail it to me shortly.... I never had dealings with a lawyer like this. I had no reason to think I'm going to get ripped off.

I made several calls to the secretary, asking for a copy, but I never received one. It was not explained to me at any time about any Atty. fees "Changing/Raising"

June 21, 2001

* I only found out when I got copies of some of the paperwork along w/ the Atty's withdraw (sent regular mail) post marked June 21st , 2001 ****

I received a letter dated June 21, 2001 .... states:

Please be advised all matters concerning this case have now been "CONCLUDED ." I'm closing my file effective June 21, 2001 This letter also stated in BOLD PRINT....

In addition, enclosed please find a copy of the NOTICE OF ENTRY OF ORDER

**PREVIOUSLY MAILED ***

( I never received anything) The letter goes on to say...... Pursuant to the same, please remit $3938.95 to my office within 10 days of receipt of this letter. He then closes his letter & says "in addition, it's been a pleasure representing you & I wish you all the luck.

The same day in the mail (sperate pkg.) sent regular mail...

Letter dated JUNE 20, 2001 states:

As you know, the judge granted our motion to withdraw in the above matter on June 11, 2001....... Following the hearing, we received a SECOND ORDER of Continuance of Arbitration Hearing, copy enclosed. I'm advising the arbitrator, George Johnson, esq. by copy of this letter that you've been advised of the new hearing date & other deadlines there in.

He closes the letter & says, Should you have any questions or comments, we w/ address same when you contact me......

Also sent in same pkg..........

Second Order of Continuance of Arbitration Hearing States:

hearing to be held July 19, 2001 10:00 am

Pre hearing briefs July 17, 2001

Then in BOLD PRINT...... States:

Further ordered that the defendant has not deposited w/ arbitrator the requested deposit toward fees & costs, although previously requested & ordered to be paid forth in. In the order entered into this matter on March 9, 2001 and shall do so with in 5 days here of.

***This was dated JUNE 12, 2001 ***

note: I did not even get this delivered until June 22 or 23, 2001

January 8, 2001 I received a letter stating:

Offers of judgment from the defendants atty;

Megan = $ 550.00

Vincent = $ 1450.00

Delia = $1059.00

The letter also stated, should you decide not to accept, please understand that you COULD be responsible for Atty. fees, interest & costs if we fail to obtain an arbitration award greater than the amounts offered.

Note: I immediately called Dobberstein's office..... Spoke w/ the secretary as usual, as the atty. is never available. I told her that I chose not to accept the offer as it was unreasonable

as it did not even cover the medical costs & to find out what it meant in the letter regarding "the could be responsible "

etc.etc. in the letter sent.

*** I requested that the atty. call me back A.s.a.p. concerning this matter.

NOTE: I did not get a returned call from the atty. ....... just the secretary letting me know the acknowledgment of the rejecting of the offer of the judgment, she said that she did not know anything about a changing in the atty. fees & she hung up on me!.

Now I'm receiving in the mail, from the defendant's atty.......

Request for admissions to plaintiff. Now they want me to say/admit their client had no wrong doing and that there was nothing wrong medically with any of us, .... this is not true! Now they will try to take advantage of us.

This is to be answered with in 30 days from receipt ( 6-18-01 sent certified)

Please note:

I stressed to the atty. (Dobberstein ) in our very brief first meeting / signing of the retainer agreement, that my little boy had just had 23 hrs. of extensive brain surgery in the state of

Nebraska, in may of 1999.... & how very important that it was to get Progressive to pay for a trip back to get him checked out a.s.a.p., as the doctor's out here don't know what they are looking for as they miss diagnosed him in the first place.

The atty. said he definitely agreed w/ me, of course nothing transpired & we had no money or credit cards left at the

time... I called but never got thru to atty. personally. .. Personally, I feel this in itself was wrong doing on the atty.'s part) finally, in one telephone conversation, the atty. stated that Progressive w/ not agree to this request & there was nothing he c/ do as Progressive felt there was no need for it. I told the atty. to continue to persist as it was very important.

11-30-99

Frank Vitiello

claims adjuster came to house w/ $245 check he stated "the spider cracks c/ be sanded / buffed / repainted " = Only $245 ..I called the atty.'s office & said that I had been to lexus & the car was 3 yrs. old & was told due to the Special paint the extreme temperatures out here, that the entire car w/ need to be painted as it w/ not match.

***** no returned calls to this ******

I was sent various small bills from the atty. for Items such as:

review correspondence, postage / photo copy / professional services / draft correspondence, runner service / review medicals Total of couple of hundred dollars. When I called and asked about these bills, I was simply told, "OH, don't worry about those, that will be deducted form your settlement"

Here is what my bills are due to the accident:

MEDICAL BILLS:

Boulder City hospital (emergency room)

Daughter = $ 235.00

Son = $1204.00

Myself = $559.00

Therapy w/ Dr. Edward Fishman

3300 e. Flamingo

Las Vegas NV

(702) 434-0204

$5,000 approx. (therapy for myself)

Eric Dobberstein- Nevada Bar #003712

1399 Galleria Dr. 201

Henderson NV 89014

(702 ) 382-4002 phone

(702 ) 382-1661 fax

[email protected] E-mail

George Ranalli - Nevada Bar #5748

302 E. Carson Ave. # 1001

Las Vegas, NV 89101

(702 ) 477-7774 phone

** Atty. For the Defendant **

George W. Johnson

517 S. 3rd Street

Las Vegas NV 89101

** Arbitrator **

Progressive Insurance

3595 E. Patrick # 1200

Las Vegas NV 89120

1-800-274-4499 Phone

(702 ) 450-3555 Fax