Wrong Eichholz sued in malpractice case, documents say

 SAVANNAH, GA. -- Savannah attorney David Eichholz did not represent a client who has sued him for fraud and legal malpractice in a 2009 wreck, according to court documents.

 

David Eichholz, identified as CEO of The Eichholz Law Firm, the firm itself and Public Legal Funding were sued by Angelita Sanders and her husband, Mark, for fraud, legal malpractice and usury stemming from representation in an April 1, 2009, wreck.

According to the suit filed in Chatham County Superior Court, David Eichholz told Sanders to execute a release, blocking them from seeking an additional $100,000 in liability coverage, then advised them to borrow $3,250 from an entity run by the firm.

The response, filed Thursday by attorney Douglas Herman, paints a wholly different picture.

Sanders' case was handled by attorney Benjamin Eichholz, not David, the response said.

Benjamin is David's father. He voluntarily surrendered his licence in June upon his conviction in federal court for obstruction of justice.

Angelita Sanders changed her version of the wreck after deciding that driver Tammy Hathaway, who had $100,000 policy limits, rather than driver Eric Williams, who policy was limited to $25,000, was at fault in the three-car wreck, the answer said.

Sanders also attempted to change her police report to make that assertion three weeks after the wreck, the answer said.

"This seemingly concocted tale directly conflicted with the initial accident report," Herman's response said.

And he said the release Sanders complained of did not release Hathaway but only her insurer, State Farm.

Herman, whose firm of Oliver Maner represents only Eichholz and his firm, also stated in the answer that contrary to Sanders' suit, Eichholz' firm discouraged her from taking the loan at highest than market rates and disclosed that Pacific Legal Funding was owned and operated by Daniel and Elizabeth Eichholz, Benjamin's son and daughter.

Those assertions were contained in a three-page disclosure statement from the firm and signed by Sanders, the answer said.

The response asks the judge to dismiss the suit.

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