Two former clients sue attorney over his conduct in mold case

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Two former clients sue attorney over his conduct in mold case

Arizona Daily Star - Tucson,AZ*

By Kim

Published: 03.31.2008

http://www.azstarnet.com/metro/232078

A Tucson attorney who was ordered to pay $750,000 in sanctions last

fall for his handling of a civil lawsuit involving mold is now being

sued by two of his former clients.

Lee Foulkes and his wife, Antonieta Foulkes, and more than 100 other

Tucson residents hired Harold Hyams six years ago to file a lawsuit

against Wasatch Property Management, Creekside Place Holdings and

Randy and Dell Loy Hansen.

The plaintiffs claimed they were sickened by rampant mold growing at

the Eastside Place Apartments on South Pantano Road. The lawsuit

also alleged two infants died within 12 days of each other as a

result of the mold at the 444-unit complex, which is now called The

Overlook at Pantano.

The lawsuit soon became one of the largest ongoing cases in Pima

County Superior Court. It also became notorious because Hyams was

repeatedly held in contempt by the Arizona Court of Appeals and the

various judges who presided over the case. The Court of Appeals also

ordered Hyams to attend State Bar courses on professionalism.

In May 2006, the Foulkeses and 32 other clients were ordered by

Judge to pay a $5,400 judgment to one of the defense

firms.

Two months later, ruled that much of Hyams' evidence was

inadmissible and essentially dismissed most of his clients from the

lawsuit.

Last September, defense attorneys convinced that Hyams should

have to pay their legal fees to the tune of $750,000. The attorneys

argued they had tried for months to settle the lawsuit, but Hyams

refused and purposely dragged out the case by filing countless

frivolous and untimely motions.

In the ruling, wrote: " This case became, to an extraordinary

extent, about Mr. Hyams' behavior, omissions and mistakes rather

than about the merit of the plaintiffs' claims. "

Shortly after gutted Hyams' case, Lee Foulkes told the Arizona

Daily Star he only learned of the $5,400 judgment when he was turned

down for a home equity loan. It showed up on his credit report.

" Why should we get punished if Harold blew it? " Foulkes, a high

school government and history teacher, said then.

Now, Foulkes and his wife have filed a lawsuit in Pima County

Superior Court accusing Hyams of professional negligence and breach

of faith.

According to their lawsuit, the Foulkeses were forced to withdraw

from the lawsuit after ordered them to pay the $5,400 judgment

because they feared additional judgments would be entered against

them.

The lawsuit states Hyams " violated the rules of ethical conduct " and

failed to exercise the " degree of skill, care and knowledge commonly

exercised by members of the legal profession. "

If not for Hyams, the lawsuit states, the Foulkeses would have

obtained compensation from their lawsuit or at least avoided the

judgment entered against them.

The Foulkeses are seeking unspecified damages for themselves and

their two children, Abraham and .

Hyams noted that although the case was dismissed almost two years

ago, no final judgment has been entered. Once one has been entered,

he plans to appeal on behalf of his remaining clients.

As for the Foulkeses, Hyams dismissed their lawsuit as groundless.

" There is no basis for the suit because that which was necessary was

done, " Hyams said. " I even requested the Foulkeses to stay in the

case, especially with respect to the kids. "

In related news, on March 18, ordered 76 of Hyams' other

clients to each pay $246 to defense attorneys on the case. He

ordered another eight of Hyams' clients to pay $152 each.

œ Contact reporter Kim at 573-4241 or kimsmith@...