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Explanation
of Flagstaff Tea Party spreadsheet
containing
information collected related to attorney Ellen Seaborne. |
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The
spreadsheet was created by
Flagstaff Tea Party Editor Dan Frazier prior to the writing
of his story about Ellen Seaborne published in March 2002.
The spreadsheet was designed to help identify patterns in
the allegations of former clients and others who have had
dealings with Seaborne. The version of the spreadsheet
posted on this Web site has been modified substantially;
much information has been omitted in an effort to protect
the identities of some individuals who provided information.
Many individuals feared retribution from Seaborne and asked
that their names not be published.
The
information contained in this spreadsheet was collected
through interviews, questionnaires, and a partial review of
complaint records at the Arizona State Bar. The information
in this spreadsheet does not reflect additional information
that has come to light since the story was published.
Classes
of people
The
following explanations relate to some of the classes of
people whose information is collected on the spreadsheet.
These persons are grouped below the black bars, and color
coded to make their class more recognizable. Note that
everyone who contributed to the story is NOT included in the
spreadsheet. However, the people represented on the
spreadsheet include the bulk of those who contributed
substantively to the story, and are representative of the
types of people who contributed. Also, note that not
everyone included in the spreadsheet filed a complaint.:
Client
Complainants: Former
clients of
Ellen Seaborne who have filed complaints with the
Arizona State Bar.
Unhappy
client noncomplainants: Former clients of Ellen Seaborne who have not
filed complaints with the Arizona State Bar.
Opposing
client complainants: Former clients of other attorneys who were involved
in litigation in which Seaborne was the opposing attorney.
These people filed complaints against Seaborne.
Satisfied
folks: People
who spoke highly of Ellen Seaborne during interviews.
Others:
“Rene”: “Rene”
provided confidential documents described in the story and
posted elsewhere on this Web site.
Column
headings
Name
of individual: Names are withheld for some individuals, either
because they asked not to be identified, or because it was
assumed that they would not want to be publicly identified.
However, the complaint files of most of these individuals
are public record and can be viewed at the Arizona State
Bar. A number appears beside the names of some individuals.
For instance, “Diana Royce 5.” This indicates Royce
initially filed a joint complaint with 4 others. In the case
of Shari Curry, Seaborne apparently provided the Bar with a
single response that addressed not only Curry’s complaint,
but also the complaints of two other unrelated individuals
whom Curry claims not to know. Thus a “3” appears
besides Curry’s name because her complaint somehow became
entangled with that of two other individuals. A key portion
of the Curry complaint records have been sealed and are not
available for public inspection. These numbers should not be
confused with the numbers beside “Name Withheld” labels,
which are merely used to differentiate the various anonymous
individuals.
File
No.: This
is the file number used to track complaints by the Arizona
State Bar. In
many cases, this information has been omitted from the
spreadsheet to protect identities.
Date
complaint filed: In
many cases, this information has been omitted from the
spreadsheet to protect identities.
Date
Bar closed file: In most cases it is not clear from the documents
obtained by FTP when the bar stopped investigating a given
complaint, and closed the file.
Individual
completed questionnaire: Did the individual complete the questionnaire
prepared by FTP?
Individual
interviewed by FTP: Was the individual interviewed by FTP? In some
cases, individuals were interviewed by e-mail.
OK
to publish name: Should
the person’s name be included in a published story?
OK
to publish details: Should
the details of the person’s life or experiences with Ellen
Seaborne be made public?
Interest
in a class action: Did the person express an interest in a class
action lawsuit against Ellen Seaborne? The answers to this
question have been omitted from this spreadsheet. However,
11 individuals expressed an interest in participating in
legal action. Some individuals were not asked this question.
Age
then: What
was the approximate age of the individual when dealing with
Seaborne?
Education:
This
is the estimated education of the individual. No clear
pattern emerged in this area, and the estimates are omitted.
Income:
Most
of the individuals had low or medium incomes, though a few
had higher incomes. This information is omitted.
Occupation:
Current
or former occupation of the individual.
Relation
to E.S.:
Relationship to Ellen Seaborne.
Type
of case: What
type of case was Seaborne working on when dealing with the
individual?
Date
started with E.S.: Usually
the date the individual hired Seaborne. In many cases, this
information has been omitted from the spreadsheet to protect
identities.
Date
ended with E.S.: Usually
the date the individual fired Seaborne, or the date Seaborne
withdrew her services. In many cases, this information has
been omitted from the spreadsheet to protect identities.
Domestic
violence victim: Was the individual a victim of domestic violence?
This question was an afterthought. Most individuals were not
asked about this. Though at least 4 individuals mentioned a
history of domestic violence, no clear pattern emerged. This
information has been omitted.
Employed
by Ellen:
Was the individual ever an Ellen Seaborne employee? At least
three individuals worked in Seaborne’s office at one time
or another.
Fired
E.S.: Did
the individual fire Ellen Seaborne? See note below.
E.S.
Quit:
Did Seaborne withdraw her services? In several cases it is
not clear whether the individual quit or Seaborne withdrew.
The firing and/or quitting often seemed to have happened
almost simultaneously. In some cases, the sequence of events
appears to be in dispute.
Number
of prior attorneys: The number of attorneys the individual had retained
prior to hiring Seaborne. This is relevant because Seaborne
sometimes alleged that a disgruntled former client had had
several prior attorneys, and therefore must be a troublesome
client, or gets along poorly with lawyers. In fact, few
Seaborne clients had actually used another attorney prior to
Seaborne in the matter for which Seaborne was hired.
Number
of attorneys after E.S.: How many attorneys did the individual use to
resolve the matter they had originally hired Seaborne to
resolve?
Satisfaction
with subsequent atty.: Was the individual satisfied with the
representation of the attorney they hired after they stopped
working with Seaborne?
Represented
self after E.S.: Did the individual have to represent themselves in
court after they stopped working with Ellen Seaborne? This
usually means they could not afford legal representation in
court.
Result
of legal work by E.S.: What was the result of legal
work Ellen Seaborne did for the individual?
E.S.
suggested bankruptcy: Did Ellen Seaborne suggest bankruptcy to the
individual?
Individual
has filed bankruptcy: Has the individual actually filed bankruptcy?
Likely
to file bankruptcy: Is the individual likely to file bankruptcy?
Blames
E.S. for bankruptcy: Does the individual blame E.S. for his or her
bankruptcy (past, current or upcoming)?
Alleged
R. 42 violations.: Which specific section(s) of Rule
42, Arizona Rules of Professional Conduct, did the
individual allege that Seaborne violated in their complaint
to the Bar? Rule 42 is posted on the Web site of the Arizona
State Bar. The section is listed in the spreadsheet only if
it was specifically mentioned by the individual. Eight
individuals cited specific sections of the rule. Some of
these citations are not shown on the spreadsheet to protect
identities. No attempt has been made by FTP to identify
sections of the rule corresponding to specific allegations.
Possible
R. 42 violations Bar identified: Which specific section(s) of Rule
42, Arizona Rules of Professional Conduct, did the
Arizona State Bar identify as possibly having been violated
by Seaborne, and question Seaborne about? In one case, this
information has been omitted from the spreadsheet to protect
identities. Rule 42 is posted on the Web site of the Arizona
State Bar.
R.
42 violations: Which specific section(s) of Rule
42, Arizona Rules of Professional Conduct, did the
Arizona State Bar determine Seaborne likely violated? Rule
42 is posted on the Web site of the Arizona State Bar. No
information has been omitted from this column.
No
service:
Does the individual allege Ellen Seaborne provided no
service?
Minimal
service:
Does the individual allege Ellen Seaborne provided minimal
service?
Lack
of communication: Does the individual allege that Ellen Seaborne
failed to communicate adequately with them?
E.S.
lied in court: Does
the individual allege that Ellen Seaborne lied in court?
E.S.
lied to bar: Does
the individual allege that Ellen Seaborne lied to the
Arizona State Bar?
E.S.
lied to client: Does
the individual allege that Ellen Seaborne lied to them, her
own client?
E.S.
instructed client to lie: Does the individual allege that Ellen Seaborne
instructed them to lie in court or to another person?
Other
dishonesty: This is a catch-all for vague allegations of
dishonesty, etc against Ellen Seaborne.
E.S.
documents contradictory: Perhaps the most obvious
instance of Seaborne appearing to contradict herself in
writing is in the case of a Qualified Domestic Relations
Order for client Shari Curry. Curry’s bills from Seaborne
show time was spent on the QDRO. Later, in written
correspondence, Seaborne defends her lack of action with
regard to the QDRO by alleging that Curry never asked for
assistance with the QDRO. There were other instances in
which Seaborne documents appear to be contradictory, though
these were not necessarily noted in the spreadsheet.
Number
of continuances: How many continuances, or reschedulings of court
dates, were there while the individual was working with
Seaborne?
Billing
irregularities: Does the individual allege any
billing irregularities on Seaborne’s part, such as fee
padding, double billing, billing for services not rendered,
etc.?
E.S.
continued work after asked to stop: Did Ellen Seaborne continue to do work for the
individual after the individual asked her to stop working on
his or her behalf?
E.S.
admitted wrongdoing to bar: Did Ellen Seaborne admit any wrongdoing to the
Arizona State Bar? Seaborne rarely if ever acknowledged any
wrongdoing in response to accusations brought against her.
However, in at least one case she blamed another employee in
her office.
E.S.
admitted wrongdoing to individual: Did Ellen Seaborne admit any wrongdoing to the
individual? Such admissions appear to be exceedingly rare,
though in one case a paralegal in her office (Mattie
Westbrook) told Shari Curry a mistake had been made, though
the paralegal allegedly later denied ever having made the
statement. In another case, Seaborne wrote off half of a
client’s bill, though Seaborne did not necessarily admit
to wrongdoing.
Afraid
of E.S.: Is
the individual afraid of Ellen Seaborne taking legal action
against them for speaking to the press, filing a complaint,
etc.?
Alleges
E.S. hates men: At
least two individuals suggested that Ellen Seaborne hates
men, though another individual felt Seaborne hates women.
This question was an afterthought and many individuals were
not asked about this.
E.S.
level of involvement:
How involved was Ellen Seaborne in the individual’s case?
E.S.
was prepared for court: Did the individual feel Seaborne was prepared for
court?
E.S.
competence:
Did the individual feel Seaborne was a competent attorney?
Ethics
score:
Did the individual feel that Seaborne behaved ethically in
their case? Those who completed a questionnaire ranked this
item from 1 to 5, with 1 being a low or unsatisfactory
rating, 5 being a high or very satisfactory rating.
E.S.
honesty score.:
Did the individual feel that Seaborne behaved honestly in
their case? Those who completed a questionnaire ranked this
item from 1 to 5, with 1 being a low or unsatisfactory
rating, 5 being a high or very satisfactory rating.
E.S.
takes direction score: Did the individual feel that Seaborne respected
their wishes, directions and priorities in their case? Those
who completed a questionnaire ranked this item from 1 to 5,
with 1 being a low or unsatisfactory rating, 5 being a high
or very satisfactory rating.
E.S.
effectiveness score:
Did the individual feel that Seaborne advocated effectively
on behalf of her clients? Those who completed a
questionnaire ranked this item from 1 to 5, with 1 being a
low or unsatisfactory rating, 5 being a high or very
satisfactory rating.
E.S.
communication score: Did the individual feel that Seaborne kept them
adequately informed about their case? Those who completed a
questionnaire ranked this item from 1 to 5, with 1 being a
low or unsatisfactory rating, 5 being a high or very
satisfactory rating.
E.S.
law knowledge score: Did the individual feel that Seaborne was familiar
with the law? Those who completed a questionnaire ranked
this item from 1 to 5, with 1 being a low or unsatisfactory
rating, 5 being a high or very satisfactory rating.
E.S.
Billing practices:
How did the individual rate Seaborne’s billing practices?
Those who completed a questionnaire ranked this item from 1
to 5, with 1 being a low or unsatisfactory rating, 5 being a
high or very satisfactory rating.
Efficiancy
score:
Did the individual feel that Seaborne was efficient or was
able to handle their case in a timely manner? Those who
completed a questionnaire ranked this item from 1 to 5, with
1 being a low or unsatisfactory rating, 5 being a high or
very satisfactory rating.
Courtroom
demeanor score: How did the individual rate Seaborne’s courtroom
demeanor and speaking ability? Those who completed a
questionnaire ranked this item from 1 to 5, with 1 being a
low or unsatisfactory rating, 5 being a high or very
satisfactory rating.
Compassion
score: How
did the individual rate Seaborne’s compassion or concern
for them and their welfare? Those who completed a
questionnaire ranked this item from 1 to 5, with 1 being a
low or unsatisfactory rating, 5 being a high or very
satisfactory rating.
Appropriately
aggressive score: How did the individual rate Seaborne’s
aggressiveness in pursuing legal objectives on behalf of her
clients? Those who completed a questionnaire ranked this
item from 1 to 5, with 1 being a low or unsatisfactory
rating, 5 being a high or very satisfactory rating.
E.S.
threatened to quit over fees: Did Seaborne ever threaten to
withdraw from the individual’s case due to the
individual’s failure to pay, etc.?
E.S.
threatened litigation over fee: Did Seaborne ever threaten
the individual with a lawsuit due to the individual’s
failure to pay, etc.?
Fees
much higher than expected: Were Seaborne’s legal fees much higher than the
individual expected?
E.S.
motivated by money:
Did the individual feel that Seaborne was primarily
motivated by a desire to get more money?
Discrepancies
in complaint between E.S. and complainant: Did Seaborne’s
account of events provided to the Arizona State Bar differ
significantly from that provided by the individual in their
complaint to the Bar?
E.S.
discredits complainant: Did Seaborne try to discredit the individual in
correspondence with the Arizona State Bar?
E.S.
blames complainant: Did Seaborne try to blame the individual for
problems in their case in correspondence with the Arizona
State Bar?
E.S.
says complainant is lying: Did Seaborne accuse the individual of lying or
making a false statement in correspondence with the Arizona
State Bar?
Individual
is emotionally scarred: Does it seem that the individual has been
emotionally scarred or traumatized by his or her experiences
with Seaborne?
Fees
paid with costs:
Amount the individual actually paid to Seaborne. In several
cases, this information has been omitted from the
spreadsheet to protect identities.
Fees
owed (unpaid):
Amount Seaborne said that the individual stilled owed. In
several cases, this information has been omitted from the
spreadsheet to protect identities.
Status
of balance due: What was the status of the fees that were still
owed to Seaborne?
Words
used to describe E.S.: What notable words did the individual use to
describe Ellen Seaborne?
Bar
representative: Name of the person at the Arizona State Bar who
handled the individual’s complaint. In several cases, this
information has been omitted from the spreadsheet to protect
identities. Though one person, Amy A. Rehm, appears to have
handled most of the complaints against Seaborne, others at
the Bar also handled some complaints against Seaborne, and
there is no clear pattern suggesting that the Bar’s
response to complaints against Seaborne varied depending on
who was handling the complaint.
Bar
complaint investigated: Was the complaint investigated? That is, did the
Bar find that an ethical violation was alleged in the
complaint, and did the Bar ask Seaborne to respond to the
accusation(s).
Sent
to probable cause panelist: Based on the evidence in the complaint, and
Seaborne’s response, any additional correspondence from
the complainant, etc., did the Bar find that there was
enough evidence of a possible ethical violation to warrant
the matter be reviewed by the Bar’s probable cause
panelist?
Desired
result of complaint: What did the complainant hope to accomplish
through his or her complaint?
Result
of complaint:
What was the actual result of the complaint?
Desired
punishment:
What punishment did the individual hope the Bar would impose
on Seaborne?
Satisfied
with Bar:
Was the individual satisfied with the Bar’s response to
their complaint?
Aware
of E.S. response to Bar: Did the individual ever see Seaborne’s response
to their complaint?
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