This Coast attorney denies committing a ‘cardinal sin’ — stealing a client’s money
Aaron Robertson watched medical bills pile up as he waited for his attorney, Ralph Preston King II of Ocean Springs, to settle a lawsuit over the truck accident that left Robertson with two ruptured discs.
King kept telling Robertson the case hadn’t come up yet, Robertson said last week. The truck accident was in 2014. King filed Robertson’s lawsuit in 2016.
“Ralph King kept telling me not to worry about it that it would all be taken care of with the settlement, so I’ve had all these bills piling up thinking the settlement would pay for it,” Robertson told the Sun Herald. “He kept getting my hopes up, hoping it was going to get resolved by a certain date.”
King on Monday denied any wrongdoing.
King settled Robertson’s lawsuit and received an insurance check for $100,000 almost three years ago, court records show. Yet King kept telling Robertson the case hadn’t come up yet on the court docket, Robertson said.
Robertson believes the last time he spoke to King was about 1½ years ago. Robertson said his understanding was the case still hadn’t been resolved. He finally decided he should ask another lawyer if the case should be taking this long.
The answer was, “No.” Attorney Jay Foster, who has an office in Ocean Springs, said he felt bad for Robertson, a 31-year-old utility district operator and technician.
Foster is suing King in Jackson County Circuit Court, where a special judge, Steve Simpson, has been appointed to hear the case. Judges in Jackson County, where King has represented many clients, recused themselves from hearing the lawsuit.
Attorneys are generally paid a percentage of any settlement a client receives, but Robertson and his attorney estimate his share of the settlement check should have been $60,000 to $80,000.
King could not be reached last week to comment on the case. The telephone at his office in Ocean Springs is no longer in service. He is under administrative suspension with the Mississippi Bar Association for failing to pay his annual dues. His attorney, Sam Tucker of Ocean Spring, would not talk to the Sun Herald.
King called the Sun Herald on Monday, after he heard about this story, to deny any wrongdoing. He asked that a statement be added to the story. King said:
“I categorically deny these allegations. My former client is very well aware that I could not release any funds to him or to me until all insurance liens are sorted out and satisfied.
“I suppose he became impatient with the process and has decided to make these allegations against me. They are false. I will be proceeding to file a motion to dismiss these charges in the next few days.”
King would not elaborate on his statement or answer questions about the insurance liens he mentioned.
In June, King filed an emergency petition for Chapter 13 bankruptcy protection so that his vehicle would not be repossessed, according to a bankruptcy court filing.
King said he had assets of $100,000 to $500,000 and debt of up to $50,000. A Chapter 13 bankruptcy involves a repayment plan from the individual’s income.
The bankruptcy case was dismissed in July at King’s request after he failed to file necessary paperwork, including a schedule of his debts, statement of affairs and Chapter 13 plan, court records say.
In his lawsuit, Robertson is asking for unspecified damages as compensation and also for punitive damages, court costs and attorney’s fees.
“I still have a lot of outstanding bills,” Robertson said. “This has been going on for six years now. There’s no words to describe it. I’ve been putting up with this for so long.”
Robertson said that he is still being treated for his back injuries and is worried his wages will be garnished over medical bills he could have paid had he received his settlement check. He’s also out any interest he could have earned on the money.
He has filed a complaint against King with the Mississippi Bar Association, which could result in King’s suspension or disbarment if the complaint proves founded.
Under state Supreme Court rules, bar complaints are confidential. Any formal action taken against King as a result of the complaint would be a public record.
The Mississippi Supreme Court has said in more than one case that the theft of client funds is, for an attorney, “a cardinal sin.”
This story was originally published November 18, 2019 at 5:00 AM.
