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A Constructive Trust Turned into Constructive Fraud.  Kansas Family Probate Case 
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Wichita Bar Association

The Wichita Bar Association is a Toothless Tiger with no power whatsoever over a lawyer that cheats or defrauds a client.  Supposedly the Wichita Bar Association handles fee disputes between Lawyers and clients. It is however a complete waste of time to file a complaint with the Wichita Bar Association. Under the Bar's own rules drafted by lawyers the lawyer that cheated or defrauded a client has to agree to Volunteer to Cooperate with the Wichita Bar Association before they can do anything. Lawyers like Brian Grace simply choose not to cooperate with the Bar and keep the client's money that they often got through misrepresentation and/or fraud. Both were the case with Brian Grace taking my money.

       Wichita Lawyer/Liar Brian Grace dba Grace-less provided me with no service other than the type that a Bull may provide a Cow. He answered not one single legal question and kept my $2,500. After having my documents and my $2,500 for two months Mr. Grace told me that he had not reviewed my documents. Two hours after telling me this he talked with my adversary Leavenworth Lawyer Gary A. Nelson who had called him after seeing Mr. Grace's name and number on a Motion that I had filed with the Court that same day on Mr. Grace's instruction.

That same day Mr. Grace faxed me his short letter telling me that he was not interested in helping me with my case. He did however help himself to my $2,500, and sent me a letter telling me that he would be billing me for more money. He stated that his sectary used up all of my  money, (and the extra to be billed money) to arrange my documents so that he could review them. He had admitted to me that he did not review them, but he decided to keep my money anyway.   
 

       After my many unanswered requests to Mr. Grace for the return of my unearned money, I filed a complaint against Attorney out law Brian Grace-less with William Zimmerman the long term volunteer director of the Wichita Bar Association.  After two months Mr. Zimmerman told me that they he could not help me as it was a voluntary arrangement with lawyers and Mr. Grace had chosen not to respond thereby not volunteering to cooperate. He also told me that if Mr. Grace had of chosen to respond and cooperated that a panel of three lawyers (no lay people allowed) would have made the determination if Mr. Grace had done anything wrong.  This arrangement does not pass the smell test or the straight face test.

       Mr. Zimmerman then referred me to Stan Hazlett the Disciplinary Administrator of the Kansas OFFICE OF THE DISCIPLINARY ADMINSTRATOR. He told me that Mr. Grace had to cooperate with the OFFICE OF THE DISCIPLINARY ADMINSTRATOR and Mr. Hazlett would help me, for sure?

       I had already filed a complaint against Mr. Grace at OFFICE OF THE DISCIPLINARY ADMINSTRATOR and it went nowhere. I had received the standard form letter from Frank D. Diehl the Deputy Disciplinary Administrator dated May 30, 2008 telling me the following. “Our office does not settle fee disputes”.  So who does? 

       Mr. Diehl further told me the following.  “Basically, Mr. Grace says that he spent time reviewing your case and organizing the material and that he has earned the fee which he has charged.  I note that Mr. Grace in one of the letters or emails states that he has read much of the material prior to the telephone call in question (January 16, 2008) and so your claim that he spent no time in reviewing your case cannot be proved by clear and convincing evidence to the contrary.”  IF MY TAPE RECORDED CONVERSATION WITH MR. GRACE IS NOT CLEAR AND CONVENSING EVIDENCE, THEN A VIDEO TAPED CONFESSION FROM MR. GRACE WOULD NOT BE EITHER. 

How Ridiculous and telling is this charade and mockery of fair play and justice? 

       Mr. Diehl continued in his letter in stating, “Mr. Grace said that he earned the money, and you say that he did not. That is a fee dispute and we would never be able to prove by clear and convincing evidence that the fee was excessive under the facts even alleged, therefore, I have reviewed your complaint against Mr. Grace and dismiss it for lack of clear and convincing evidence. I am returning your audio tapes to you.”  

Who was Mr. Diehl going to present his evidence to?  No doubt some more lawyers. (Non-Lawyer Lay people not allowed.)     

This arrangement does not pass the smell test, or the straight face test.

       Mr. Diehl provided me with no proof that he even contacted Mr. Grace and therefore I feel that he did not formally contact Mr. Grace and he sent my tape recording of Mr. Grace back to me to avoid having any contaminating proof in his office that Mr. Grace had defrauded me. The attached Transcript of my conversation with Mr. Grace on January 16, 2008 wherein Mr. Grace admits that he had not looked at “reviewed” my documents is “CLEAR AND CONVIENCING EVIDENCE” that Mr. Grace not only defrauded me he also lied to the OFFICE OF THE DISCIPLINATY ADMINSTRATOR when according to Mr. Diehl, “Mr. Grace says that he spent time reviewing your case.”  Mr. Grace is as confident of being able to defraud people and get by with it as a bank robber would be in robbing the bank and having the bank guards in on the robbery and acting as look outs to warn him of what?  The bank guards are coming?  If it wasn’t criminal it would be laughable.         

       On the advice of Mr. Zimmerman I decided to call Mr. Hazlett. He told me that he would look into it. I re-mailed my complaint and the tape and correspondence back to Mr. Haslett. He did not even contact Mr. Grace. After more wasted time Mr. Hazlett wrote me a letter telling me there was nothing that they could do because I had not presented any clear and convincing evidence to prove my case, even though I had twice sent them a tape recording and transcript of my conversation with Mr. Grace telling me that he had not looked at my documents. Mr. Grace had told me this just two hours before telling me that he was not interested in my case.

      Mr. Hazlett told me that they do not do “fee disputes” and referred me back to the Wichita Bar Association, who had referred me to him.  I told Mr. Hazlett and others with the bar in my complaint, my letters, and my phone conversation that this was not a fee dispute, it was fraud.

     Stan Hazlett with the KANSAS DISCIPLINARY ADMINSTRATOR also told me that he was very busy handling lawyer complaints. That is his alleged job.  I told him that if they would discipline corrupt lawyers like Mr. Grace-less that they would not have so many complaints, because the word would get out to bum lawyers like Mr. Grace that they cannot screw innocent people, and get away with it and the money, and then he would not be so busy.

Lawless Lawyers Like Wichita Attorney Out Law Brian Grace-less knows that he can screw and defraud people, keep the cash and get away with his crimes because the lawyers have set up their own self regulating agency that serves only their self interests at the cost of their clients and the public. Then lawyers have the audacity to get mad, and act offended when some lay person with to much negative lawyer experience cracks a lawyer joke or complains about getting screwed by lawyers. 

There are some decent and caring lawyers, however their consent through their silence and/or assent and their apathy in allowing lawyers like Brian Grace to defraud people does in fact make them as complicit in the wrongdoing as Wichita Lawyer Brian Grace-less is.        

     

 

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