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Surrogate: Clients lost fees paid to attorney who fled

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As many as 80 clients of a Kokomo attorney may have pre-paid for bankruptcy petitions that the attorney failed to file before leaving the country, according to the lawyer appointed to wind down the practice.

Kokomo lawyer Bradley Hamilton has been missing for more than a month, leaving behind numerous unrepresented clients and about 150 active cases, according to attorney Brent Dechert of Kokomo, who was appointed this month to serve as a surrogate.

Dechert said Hamilton moved to his wife’s native Australia when she returned there with their children. “It’s quite a mess,” Dechert said.

Dechert said he couldn’t estimate how much clients may have lost and that clients are still making claims. “I think it could be substantial,” he said, but he noted there still are accounts with balances, and it will be up to the court to determine who will receive compensation.

Howard Superior 4 Judge George Hopkins earlier this month signed an order appointing Dechert to serve as a surrogate after Dechert petitioned the court. He said Hamilton left the country after unsuccessfully trying to sell his law practice.

Hopkins’ order says, “the disappearance and/or abrupt closure of Bradley D. Hamilton's law office constitutes an occurrence under Supreme Court Admission and Discipline Rule 23, Section 27(c), which requires the appointment of an attorney surrogate to act as custodian of Bradley Hamilton's law practice.”

A recording on Hamilton’s office voice mail line accepted messages but also said, “This office has closed.”

The surrogate order appoints Dechert to act as custodian, transfer files and notify clients pursuant to the rule. The order also grants a 120-day extension on statutes of limitations, deadlines and most filing time limits for Hamilton’s clients, as provided in ADR 23, Section 27(e).

Dechert, whose practice is predominantly family law, said he’s been able to take some of those cases, and other attorneys in Kokomo have stepped up to take some of the bankruptcy and miscellaneous civil cases left unrepresented. He said his first priority as surrogate is making sure files are returned to clients who can decide how best to proceed with their cases.

Dechert said he’s had limited email contact with Hamilton since being appointed surrogate. “This was not the way it should have been closed down,” Dechert said.

Dechert said some of Hamilton’s clients had filed or were planning to file complaints with the Howard County Bar and the Indiana Supreme Court Disciplinary Commission, and he had provided information to them about filing complaints.

Hamilton was last seen in Kokomo in late September. He was admitted to practice in 1984 and is listed on the Indiana Roll of Attorneys as active and in good standing, with prior disciplinary matters filed in 2010 concluded in March 2012.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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