Posted on 02/21/2005 6:30:56 PM PST by NormsRevenge
Samuel Spital, a lawyer once best-known for ubiquitous television advertising of his law practice, has withdrawn his application for a permanent disability retirement from San Diego County.
Spital, 59, quietly dropped his application earlier this month after several months in which the matter was pending before the county retirement board. Spital worked as a deputy probation officer from November 2001 to August 2002 before he was injured.
Spital said he tripped over the trolley tracks in downtown San Diego on March 5, 2002, while on his way to the County Jail to interview an inmate for a probation report.
He filed his claim in December 2002, nine months after his accident. That was also four months after Spital was fired for unsatisfactory performance, according to documents filed with the board.
Spital could have received 50 percent of his salary, tax-free, until his death if his application had been approved. Deputy probation officers are paid from $46,000 to $56,000 per year.
The physicians who examined him concluded he has back, neck and muscle injuries from the fall. The doctor hired by the retirement board also concluded Spital has a limited range of motion in his spine.
The board's staff recommended approving the claim. But the board balked at its July 1 meeting when Douglas Rose, a deputy district attorney and board member, said he wanted more information on the application.
Rose had long been concerned with a policy that applies to members of the Sheriff's Department and Probation Department.
Both agencies have a policy of not accommodating injured workers who can perform modified, or light, duty.
With no position for them in their departments, the board has to approve almost all disability retirements. In Spital's case, doctors said he had strength limitations – he could not lift more than 50 pounds – and the Probation Department requires all officers to be strong enough to handle a physical confrontation.
Rose also said a recent court case held that if workers are terminated for cause from their job, they can't seek a disability retirement unless their claim was filed before they were terminated.
Spital said that case had nothing to do with his decision. He said on Friday that he did not intend to use whatever money he would have received for himself, but instead planned to use it to help troubled youths.
He said he intended to use the money to pay for computers and reading tutors for youths in the juvenile justice system. He said he contacted county officials – he declined to name them – about how to set up a program, but did not receive a reply.
The lack of response led him to withdraw the application, he said.
"It just got to the point where I felt I could achieve more by focusing on my own clients and my own cases," Spital said.
Spital has a law practice in San Diego that handles a variety of civil and criminal cases. He was once widely known locally as a result of his aggressive television ad campaign.
His fortunes turned in 1993 when a jury hit his firm with a $7.5 million malpractice judgment. A client had sued, claiming the firm pressured him into settling a case for a fraction of its value.
The client was represented by lawyer Patrick Frega, who was later convicted in a gift-giving scandal involving three San Diego judges. Spital declared bankruptcy but paid off all creditors and has continued to practice law.
Is he a lawyer? Is he a probation officer? Huh? Did he quit the law? Please help.
Perhaps somebody had a tape of him playing golf...
This lawyer thought it was perfectly appropriate to file a bogus workmen's comp claim as long as he didn't use the money for himself. What chutzpah. I wonder what kind of blackmail they had on him to make him withdraw the filing?
It says he's a lawyer.
Never mind:
http://spitalaw.com/ourfounder.htm
Sam Spital brings 33 years of integrity, dependability and good judgment, which are indispensable in every aspect of Sam's life, and the most important attributes of an attorney. Sam formulates his plan of action with each client's goals and expectations as the primary consideration. He strives to also provide each client with a pragmatic and thorough understanding of the legal issues, economic realities and alternatives in each case.
Sam began his legal career as a Deputy Attorney General for the California Department of Justice (serving from 1970 - 1978, in both the Criminal and Civil Law Divisions). As a Deputy Attorney General, he handled over 50 criminal appeals, in all State and Federal Courts. Additionally, he prosecuted several hundred businesses and professionals licensed by the State for unprofessional conduct, violations of criminal statutes, gross negligence, consumer fraud, white-collar crimes, and other misdeeds. He represented nearly every State Agency, Board and Bureau in cases involving fraud, breach of contract, construction defects, negligence, malpractice, health care, unprofessional conduct and unfair business practices.
In 1978, Sam started his own Law Firm, eventually becoming Managing Attorney supervising seven offices throughout California, a team of 10 lawyers and nearly 50 employees handling over 10,000 cases. Also, Sam served as a Deputy Probation Officer for the County of San Diego (2001-2002) in the Adult Field Services section at the Hall of Justice in Downtown, San Diego. Sam's relentless focus on his clients and their respective needs and desires continues to be the paradigm for his law firm. The motto is: "A Law Firm that Cares!"
The physicians who examined him concluded he has back, neck and muscle injuries from the fall. The doctor hired by the retirement board also concluded Spital has a limited range of motion in his spine.
That is assuming mR. Spittle has a spine.
Glad to hear that he eventually became Managing Attorney of his own law firm.
Even snakes have spines. Spital is no different.
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