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 John Davis to pay a $5,400 judgment to one of the defense firms. Two months later, Davis ruled that much of Hyams' evidence was inadmissible and essentially dismissed most of his clients from the lawsuit.
 
Last September, defense attorneys convinced Davis 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, Davis 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 Davis 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 Davis 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 Jeremiah.
 
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, Davis 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.
http://www.azstarnet.com/metro/232078
 
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