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Report: #1318531

Complaint Review: J Porter DeVries - Kailua Kona Hawaii

  • Submitted:
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  • Reported By: Gabrielle — Honolulu Hawaii U.S.A.
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  • J Porter DeVries 75-5591 Palani Rd. Suite 2001 Kailua Kona, Hawaii USA

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I hired J. Porter DeVries after doing my diligence to find the right attorney to represent me in my case. We agreed on the approach and strategy up front and I felt good with his confidence in being able to help me. So I paid him $21,000 of his very expensive $25,000 retainer that he required up front, and then he completely failed to honor our agreement and follow our strategy.

Instead of advocating for my best interests as he was hired to do, he withdrew his representation without fair warning when I needed him the most through this process. His withdrawal caused me a serious injustice and completely compromised my case at a crucial time that he agreed would be his responsibility. I may not be able to recover from his actions and I am so devastated with this injustice when he seemed to be the right attorney to wrap this case up for me.

After paying a whopping $21,000, he only contributed a minimal effort worth about $5000 based on his rates. After this very negative outcome, I asked him to refund me the majority of the retainer or to perform the work as we had agreed, but he refused to do either and he proceeded to withdraw from the case. I really needed that money back to try and find another lawyer and I'm not sure what to do now. I just cannot believe this turned out to be so negative when he was so confident he could help me before taking my money. J. Porter DeVries does not appear to be who he claims, he talks a good story up front but then doesn't follow through on the agreement. If you are looking for justice in our legal system, I would find someone else to represent you.

This report was posted on Ripoff Report on 07/23/2016 03:18 PM and is a permanent record located here: https://www.ripoffreport.com/reports/j-porter-devries/kailua-kona-hawaii-96740/j-porter-devries-devries-associates-attorneys-at-law-pc-high-price-to-pay-for-inju-1318531. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
1Consumer
1Employee/Owner

#3 Consumer Comment

This story is my company's story

AUTHOR: Seeking Justice - (United States)

POSTED: Thursday, July 12, 2018

This person's experiences mirror our firm's experience with Porter.  We remember reading this review and thinking that there are two sides to every story and we should give Porter the benefit of the doubt, but unfortunately this story of this person directly mirrors our own story and how he and his staff treated our firm.  Porter pulled out from working with us after doing very poor quality work. We believe Porter aimed to take advantage of us from day one. How this client of Porter's was treated is exactly how we were treated so this must be a pattern for Porter. Buyer definitely beware!

 

You may get a verbal agreement from him but it means nothing. You also may get an agreement in writing and that means nothing little also. 

 

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#2 Author of original report

Porter DeVries' Rebuttal Is FALSE!

AUTHOR: - ()

POSTED: Monday, November 21, 2016

Porter, your sales pitch to the world is full of lies. Whether you had happy clients in the past or not, is irrelevant here because you outright failed to perform in my case. You lied about your skill level, your understanding of real estate law, and your ability to stand firm in advocating your client’s interest. There is no doubt in my mind that you switched sides on me, because nobody could do that poorly for a client when the law fully supported my position. You went to great lengths to look out for your own interests. You never should have accepted the case if you had no intention of advocating my interests.   

For the benefit of anyone who reads this, Porter continues to act in BAD FAITH and his rebuttal is completely false. The case he ruined for me is now on interlocutory appeal in the Intermediate Court of Appeals based on the irreparable harm doctrine, and the extreme prejudice Porter caused my lawsuit. His failure to represent me at that critical stage in my case, his failure to oppose the erroneous rulings of the court, his decision to withdraw without fair warning or protection of my interests, are all issues that are central to my appeal.

Porter failed to perform as agreed and once he decided to withdraw,  he proceeded to drain my entire account when it was required to be refunded to me by contract. He used my money to compensate himself for his withdrawal, which was not part of our agreement.  His eyes were focused only on his own interests when he was paid to focus on my interests. And now he wants to be rewarded further. I trusted him totally and relied on his commitment, and he outright betrayed me and made a mockery of my case.

 Section 8 of the retainer agreement stated clearly his obligation, and he is now in default.  

 “8.  Client’s right to cancel the agreement at any time. Client has the absolute right to cancel this Retainer Agreement at any time. Should Client exercise this right, Client shall be charged only the fee expenses (time charges and disbursements) incurred within that period, based on the hourly rates set forth in this Retainer Agreement, and the balance of the retainer fee shall be promptly refunded to Client.”

 Applying the above section to the events that transpired in my case:

 Porter was hired on January 4, 2016, attended one hearing on February 16, 2016, after filing a couple of motions. After the hearing, he surprisingly cut off all discovery, he failed to amend the complaint as agreed, he failed to prepare the case to move it forward, and he insisted that he do nothing more while he waits for a ruling. Discovery was working well to encourage a settlement from my opponent, but Porter decided to stop all of it, take all pressure off and end all discovery. Our agreement was that he would be aggressive and keep control of the case, and run with it to the finish line.  Instead he let my opponent off the hook and let them relax with no further requirements, while he sat idle for months.  It was like he handed them the reins, and they certainly welcomed him relinquishing control of my case. They were able to dismiss with prejudice all claims against the defendant, despite that the evidence on record showed numerous violations of clearly established laws. During the long wait for a ruling, on May 6, 2016, I went on a much needed vacation to see my family. On May 31, 2016 the ruling was finally issued, and it was so erroneous at that and a clear abuse of discretion. On June 2, 2016, just two days after the ruling was issued, he sent me an email with his decision to withdraw, which was the only warning I received before he did nothing more for my case. On June 3, 2016, I returned from vacation to find my case was no longer represented. I requested a continuance based on his failure to represent, and was outrageously denied, while he was granted a withdrawal. My last retainer payment was not due until June 15, 2016, which meant there was no requirement to pay him any more money since he did nothing more for my case.

 Porter even had the nerve to spitefully ignore the return of my legal file. I was forced to file a complaint with the Office of Disciplinary Counsel before he had the decency to return it. He was required to return promptly my retainer balance upon cancellation. But more than that, he was required to perform and represent my interests, but he choked on all fronts, and then caused me to lose everything in a case that was a guaranteed win. For the benefit of anyone who reads this, I did not see a great law firm. I saw a firm with a lawyer that had no backbone, and one who was not willing to walk the talk and follow through on his word. I saw a lawyer who blames others for his failures and lies to protect his own image. I paid for competent legal services but got something else entirely. Porter assured me he would handle everything so I did not have to worry about my case. He assured me he had no problem going up against another lawyer, that he had no conflict of interests, when in fact he was conflicted to the core. Furthermore, he lied about me mistreating his staff, just so he could give the court a reason to withdraw. It was false and his only staff member I knew clearly confirmed that I did not ever mistreat her. Just another one of his lies.  

 Porter, you should take the same advice you gave me when you switched sides on me and were advocating on behalf of my opponent’s absurd position. You said to just pay her for a debt that was not even mine, because she was not going to back down. Well, I suggest you take your own advice now and apply it here, because I AM NOT BACKING DOWN. You harmed me more than you will know and based on your desire to inflict more harm on me, … GAME ON Mister. You lied one too many times and enough is enough.  

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#1 REBUTTAL Owner of company

This "review" is untrue and comes from this person's unwillingness to fulfill her financial obligations to the Firm she hired.

AUTHOR: DeVries & Associates Client Satisfaction Team. - (USA)

POSTED: Saturday, November 19, 2016

We have very high standards for client service, as our many very happy clients and referrals would demonstrate. But sometimes a great law firm and a good person just aren’t a good fit, as in this case, it would seem. We are disappointed our relationship with this client had to be terminated by us and have no hard feelings. For the benefit of anyone who reads this, please know we did everything we reasonably believed we could to satisfy this client, gave her several warnings that we were going to have to withdraw from her case if certain conditions were not met and if certain behaviors toward our staff did not change, and we went to lengths which impressed the court enough to grant our request to be released from the representation. As of the date of this response this client still has outstanding obligations to this law firm.

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