Complaint Review: Rutherford Law Firm- Todd Rutherford - Columbia South Carolina
- Rutherford Law Firm- Todd Rutherford 2113 Park Street Columbia, South Carolina U.S.A.
- Phone: 803-2563003
- Web:
- Category: Attorneys & Legal Services
Rutherford Law Firm- Todd Rutherford Lawyer took money and ran basically Columbia South Carolina
*Consumer Suggestion: Almost correct-a-mundo
*Consumer Comment: Bar Association
*Consumer Suggestion: contact lawyer regulation in your state. File suit.....
*REBUTTAL Owner of company: Response
*Author of original report: Re:
*Consumer Comment: Thanx Tim
*Consumer Comment: Not odd at all
*Consumer Comment: Kind of odd.
*Consumer Comment: Kind of odd.
*Consumer Comment: Kind of odd.
*Consumer Suggestion: Some more things to do
*Consumer Comment: Best Recourse
*Consumer Suggestion: Contact the State Bar of South Carolina
*Consumer Comment: Two words "Bar Association"
*Consumer Comment: Two words "Bar Association"
*Consumer Comment: Two words "Bar Association"
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I hired attorney Todd Rutherford to represent me in a petty larceny case of which I was accused of taking 60.00 from an acquaintance in which I did not do. My first court appearance was scheduled for around August 14, 2007 of which I showed up and requested a jury trial. It was not long after that that I hired Mr. Rutherford. He informed me that he would charge me 1200 to represent me in this case which I agreed. I paid him a down payment of 600 dollars. I paid him 300 more later. My jury trial was originally set for Sept 14 was it extended until October 5.
On this date I showed up for court and Mr. Rutherford was not there to represent me. I was called back to speak with the Judge who asked me where my lawyer was. I told him I was not sure. I thought he was going to be there since I had spoken with Mr. Rutherford's office right before they closed, around 5 pm, the day before and no one informed me that Mr. Rutherford was not going to be in court the next morning. The judge told me that he was just notified 30 minutes before trial was to start that Mr. Rutherford would not be able to show up and he did not like his time being wasted so he was prepared to go to trial without him. I was scared so they offered me a plea deal just to pay the girl 60 dollars and be done with it and I accepted with the fear I might go to jail if I didn't.
This is all the result of Mr. Rutherford not showing up in court. I called Mr. Rutherford several times requesting only half of my money back and he kept beating around the bush saying he wanted to continue with the trial. I told him no I just wanted it over and I could not miss anymore time from work. He kept beating around the bush not wanting to give me half of my money back. I feel I am entitled to this because he did not even show up for court. He just informed me that he is not giving me a refund so I am filing this complaint in hopes of getting one or atleast letting people know what happened to me so hopefully they will choose to use a different attorney. Thanks.
Myria
lexington, South Carolina
U.S.A.
This report was posted on Ripoff Report on 10/26/2007 06:21 AM and is a permanent record located here: https://www.ripoffreport.com/reports/rutherford-law-firm-todd-rutherford/columbia-south-carolina-29201/rutherford-law-firm-todd-rutherford-lawyer-took-money-and-ran-basically-columbia-south-ca-281011. 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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#16 Consumer Suggestion
Almost correct-a-mundo
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Friday, November 23, 2007
The "Bar Association" doesn't regulate lawyers. It's like the AMA, it's just a professional association.
The State Bar actually regulates lawyers, and is generally an arm of a given state's Supreme Court.
After reading the response from the attorney above, I have changed my thoughts on this matter. The judge should have NEVER advised the reporter as to what to do when the judge knew that the reporter was represented by an attorney. To say "we're having a trial today whether your attorney is here or not" could well be a violation of the Sixth Amendment.
If any plea agreement was entered into, I would most certainly appeal it. I'm not sure about the procedures in your state, but you may be able to file a motion for reconsideration with the court that accepted the agreement, or you may have to go up the ladder to a higher-level local court or a court of appeals.
Best of luck!

#15 Consumer Comment
Bar Association
AUTHOR: Patrick - (U.S.A.)
SUBMITTED: Monday, November 19, 2007
Nathan the bar association is responsible for license and regulations of lawyers.

#14 Consumer Suggestion
contact lawyer regulation in your state. File suit.....
AUTHOR: Nathan - (U.S.A.)
SUBMITTED: Sunday, November 18, 2007
I would contact lawyer regulation. In most states the state supreme court has the power to disipline a lawyer. This crooked jerk needs to lose his law license.
Lawyers are officers of the court. The judge should have disiplined him or held him in contempt.
I would obtain the transcripts. The fact that he was the attorney on record. This and the fact that you paid him 900.00. Hang on to the check or receipts.
The judge was a sly lieing jerk. Telling you that he was going to proceed with trial. If this was a punishable with jail time. You alone needed to waive your right to an attorney. He has no business proceeding to trial without you having counsel. The stalinists in this country railroad people every day.
Did they have you enter a plea? I sure hope it was dismissed upon paying this 60.00
Personally, her friends would have gotten up on the witness stand. Juries are not dumb. They know when something is rehearsed. I would have let the judge proceed without counsel and took it to the appeals court.
I would have gotten on the witness stand looked them in the eye and said that I did not steal any money. I would have submitted to a polygraph.
Its not admissible in court. Maybe the stalinist cops would have not considered you a suspect.
In conclusion, Its time to picket the courthouses where these stalinists judge rein their power. They need to go back to law school. After a while they power corrupts them and they become a stalinist dictator.
I wish you the best. Forget the bar association. Go to the agency in your state that regulates and licenses lawyers in your state. File a complaint. provide the receipts and the court record that he was the attorney on record. It should be a slam dunk.
Nathan

#13 REBUTTAL Owner of company
Response
AUTHOR: Todd - (U.S.A.)
SUBMITTED: Wednesday, November 07, 2007
Consider this a response to the complaint filed by the above referenced individual. Ms. --- did in fact retain me for her case where she had previously requested a jury trial. I did need to have the matter continued from the September 14th date to the October 5th date, which is customary and in her best interest. At the end of the day proceeding the trial date, I was called to a hearing in General Sessions Court at the same time as Ms. ---'s hearing. As soon as we were able to do so, we contacted the court and requested the hearing be continued and were told by the Judge's staff that it was fine. This is not the issue at hand, though.
Ms. --- was given direction by me as to what needed to be done. The Judge's actions were extremely improper and he should never have spoken with my client without me present. Because of this impropriety, she now has the conviction on her record. We filed all the proper Motions before this for her case and filed a Motion to Appeal the conviction once this occurred. Ms. --- did not want to pursue this, nor did she follow my directions as to how to proceed. Because of this, she is not entitled to a refund. Please feel free to contact the S.C. Bar Association, because I have already done so.

#12 Author of original report
Re:
AUTHOR: Myria - (U.S.A.)
SUBMITTED: Friday, November 02, 2007
This is a Myria again. I appreciate everyone's comments. I did contact the bar association and several other organizations that deal with these ethical issues. Bart, I did offer to pay the girl 60.00, that is not what she wanted. This girl just does not like me because of an argument we had at this party therefore she is accusing me of stealing her money. Her money may have gotten stolen I don't know but either way I did offer to give it back to her even though I wasn't the one who took it...I mean gosh it is only 60.00 but her motive was to try to get me in trouble. That's why she had several of her friends as "witnesses" Thanks Tim for your comments, you are absolutely correct. I was scared to go in that alone even though there was no evidence because I didn't do it. I know what they were going to say and don't you think they would believe 5 over 1? Thanks again everyone. I hope this gets resolved soon!

#11 Consumer Comment
Thanx Tim
AUTHOR: Bart - (U.S.A.)
SUBMITTED: Thursday, November 01, 2007
Love your posts by the way. Always very informative and thought out.
Anyway, I guess what I'm really trying to get at is why didn't this person just pay the $60 long ago when first accused of it? The public shame was/is always going to be there anyway.

#10 Consumer Comment
Not odd at all
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Thursday, November 01, 2007
Bart,
I can see why you would come to such conclusions, but I don't think they are correct, and I don't think the points you raised detract from the reporter's complaint.
While $60 is a small amount of money, a clear criminal record and lack of criminal penalties is worth a heck of lot more than that. And for a misdemeanor jury trial, $1200 is by no means a high fee.
Now, consider that the reporter was faced with this decision: either conduct a jury trial, with NO knowledge of how to actually do so, most likely be found guilty, and then be handed a severe penalty OR pay $60 and be done with it. Either way, he would have ended up paying AT LEAST $60 that day, and could have faced jail time, probation, criminal fines, etc.
What would you do?

#9 Consumer Comment
Kind of odd.
AUTHOR: Bart - (U.S.A.)
SUBMITTED: Saturday, October 27, 2007
that you would pay the $60 if you indeed didn't do it - in which case (which I thought from the begining) the attorney's fees were really quite high to defend something so small. There had to be evidence that you did it or you wouldn't need to cop the plea. This kind of gives your story as a whole a lack of credibility.

#8 Consumer Comment
Kind of odd.
AUTHOR: Bart - (U.S.A.)
SUBMITTED: Saturday, October 27, 2007
that you would pay the $60 if you indeed didn't do it - in which case (which I thought from the begining) the attorney's fees were really quite high to defend something so small. There had to be evidence that you did it or you wouldn't need to cop the plea. This kind of gives your story as a whole a lack of credibility.

#7 Consumer Comment
Kind of odd.
AUTHOR: Bart - (U.S.A.)
SUBMITTED: Saturday, October 27, 2007
that you would pay the $60 if you indeed didn't do it - in which case (which I thought from the begining) the attorney's fees were really quite high to defend something so small. There had to be evidence that you did it or you wouldn't need to cop the plea. This kind of gives your story as a whole a lack of credibility.

#6 Consumer Suggestion
Some more things to do
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Saturday, October 27, 2007
Filing a complaint with the bar association is indeed a good start.
I would also see if the bar association offers "fee arbitration" services. In my opinion, as an attorney, you are at LEAST entitled to 2/3 of your money back through this process.
I would then take that money, go out and find yourself another attorney, and sue your first attorney for malpractice.
I'm assuming you walked away from this with a mar on your criminal record, correct? Or are you just out the 60 bucks?
Either way, this guy seems to have committed a big boo-boo, and I'm quite surprised he hasn't refunded all your money yet.

#5 Consumer Comment
Best Recourse
AUTHOR: Russ - (U.S.A.)
SUBMITTED: Friday, October 26, 2007
If your claim is true, then file a complaint with the Bar Association.

#4 Consumer Suggestion
Contact the State Bar of South Carolina
AUTHOR: Tom - (U.S.A.)
SUBMITTED: Friday, October 26, 2007
Contact the State Bar of South Carolina immediately at (803) 799-6653. There are regulations by which all attorneys are to operate and the State Bar exists to investigate and possible discipline attorneys and to help settle disputes between attorneys and clients.
You need their help.

#3 Consumer Comment
Two words "Bar Association"
AUTHOR: Patrick - (U.S.A.)
SUBMITTED: Friday, October 26, 2007
It's simple, contact the South Carolina Bar Association and file a complaint. Most smart attorneys would be willing to give you all of your money back to keep from getting a complaint filed.

#2 Consumer Comment
Two words "Bar Association"
AUTHOR: Patrick - (U.S.A.)
SUBMITTED: Friday, October 26, 2007
It's simple, contact the South Carolina Bar Association and file a complaint. Most smart attorneys would be willing to give you all of your money back to keep from getting a complaint filed.

#1 Consumer Comment
Two words "Bar Association"
AUTHOR: Patrick - (U.S.A.)
SUBMITTED: Friday, October 26, 2007
It's simple, contact the South Carolina Bar Association and file a complaint. Most smart attorneys would be willing to give you all of your money back to keep from getting a complaint filed.


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