I have been quiet because I was awaiting the decision of an Idaho Professional Conduct Committee created by the Idaho Bar Association to view my complaint against my daughter’s ex-attorney, G. Lance Nalder of Idaho Falls, Idaho. I was hoping for justice. No, that’s not what I received, but I am OK.
I spoke with the US Justice Department this morning. I realize now why Dr. Garland and Lance Nalder have taken such risks: falsifying medical records, witness intimidation, lying before a hearing etc. They know their actions are considered to fall under civil law-even though their actions are criminal- my only recourse is to continue to file lawsuits in the civil sytem.
So here are the details of the case. I filed a complaint against Nalder last year about the time he withdrew from the case. I did not file it because he withdrew from the case, but because during the process he and his cohort, Breck Barton, tried to intimidate me into dismissing by using a false medical record from Dr. Garland. My reasoning was, if the case is not viable there is no need for fraud and intimidation tactics.
My initial response was filed under much duress and while I was overwhelmed, to consider that anyone would do such a thing was just unconscionable. I wrote it while trying to find another attorney and trying to make sense out of it all, which I was not successful with either. My belief is Nalder misled other attorneys that contacted him much the same as he did the Professional Conduct Committee that oversaw the hearing.
The first response to my initial complaint was that it was unfounded. I had the option of appealing it, so I did. This time I went through court records that I did not have at the time of the initial complaint last year, attempting to search for answers as well as evidence. Of course, it occurred to me that I could be wrong, but there was one thing that I could not understand, why would Nalder used false records? Records, I identified in the deposition in October 2011, as not being in my handwriting. This was one of the main reasons I filed the complaint.
I believe he also lied regarding the Expert witness in Orange County, California. When I tried to contact him after Nalder withdrew he would not return my call. Nalder initially told my ex-husband and I that the expert recanted his statement and that he would no longer provide the written testimony we needed. Since I did not dismiss, Nalder had to file all expert testimony by April 16, 2012. The testimony he told us did not exist was filed April 16, 2012. He also had to provide me something in writing and instead of recant he stated that the expert changed his position.
Nalder went to great lengths to undermine my testimony from using a falsified document to telling everyone there was no way to determine when Robyn took the Zomig. During the hearing, one of the persons on the committee wanted to view the medical document but they did not have a copy, so they allowed me time after the hearing to send it to them. I sent the record in question along with several others that had my handwriting, it is obvious that the writing is different.
Another complaint I had since Nalder was supposedly representing me, was why he did not file my claim in the case. He stated to the Professional Conduct Committee that he had taken over the case from an attorney that left his firm and to his knowledge I never had a claim, just Robyn and her dad. Well, I also sent the Committee a copy of the deposition from 10/2011, where Nalder acknowledged that I indeed had a claim. I also sent a letter he sent as follow up to the deposition requesting my financial information in order to file my claim.
So here is my problem with the Idaho Professional Conduct Committee’s findings. They say that they found Nalder properly performed all obligations to my family and me before he withdrew from the case. Now even omitting the fact that he used false records to intimidate me and undermine my testimony, how could he have properly performed all obligations when he failed to file my interest in the case? I will not even consider that lying before the committee should have also been an offense, but that is just my thinking.
My ex-husband and I met with Nalder and Breck Barton on April 13, 2012. He needed our responses as to whether or not we were dismissing our interests by April 16, 2012. My ex-husband dismissed, I did not. He files claims for everyone in the case on May 1, 2012. Even though my ex-husband dismissed, he filed his claim. I did not dismiss and mine was not filed. Nalder did not withdraw until May 31, 2012. Now, he has already made false statements that he had no knowledge of me ever having a claim, yet, according to the findings of the Professional Conduct Committee he properly performed all obligations owed to us. So is it me or does this sound somewhat suspicious?
How could he have performed all obligations when he did not file my claim; consequently, this caused Robyn to file Pro Se – meaning she represented herself because the opposing counsel filed paperwork around the end of June or first of July 2012 to dismiss my interest because I failed to file a claim in the case; therefore, I also could no longer represent Robyn because she was now 18.
I guess according to the committee the fact that he failed to file my claim was not something that an attorney representing a claimant is responsible for doing and that he was not obligated to file my claim. Is that what you hear or is it just me? I am honestly trying to make sense of all of this and it is not.
I could walk away and accept that these people used fraudulent records and intimidation tactics to undermine me. I could pretend that the Idaho Professional Conduct Committee in fairness rendered a just finding, but I cannot because he lied to them about an important material fact, and I sent a document recorded by a court reporter that verified he made a false statement that he knew was false. They recorded him making this statement so it is not like they had to rely on memory, unless something has conveniently happened to the recording.
Until citizens of this Great Nation get sick and tired of being sick and tired, people like Nalder will forever use discriminating practices to oppress minorities in Idaho and others like him throughout this nation. It is sad that a Nation that proclaims to be a promoter of peace and human rights is not moved by the petitions of its own citizens for basic human rights. Civil laws are just a playground for white collar criminals they do not promote the rights of the citizens. Civil laws actually make it harder for citizens to fight back. It appears the only actions that mobilize and gain attention in this nation is violence. Consider the recent ex-cop in California; you think the civil system provided him justice? Yes his actions were wrong. What about being proactive and listening to the voices of the people before some lost soul gives in to the pressure of injustice in the civil system and innocent lives are lost?
As for me, my weapon of choice is the word of God and my pen, or should I say my keypad. I will continue to toll the bell for justice. I pray that others out there who are affected by the corruption in the civil system will come forth so that maybe, just maybe, the media and politicians will hear our voices. I am not the lone wolf, just the only one howling.
Written By: Veverly Edwards
Sources / Supporting Links / Works Cited: http://un-heard-voices.blogspot.com/2013/04/idaho-attorney-lies-before-idaho.html