A Tucson attorney who was sued by a former client over his handling of a mold-related lawsuit settled the case Wednesday morning moments before opening statements in the trial.
Attorney Harold Hyams and plaintiff Lee Foulkes agreed to keep terms of the settlement private.
"It's unfortunate it couldn't have been resolved sooner, but the wheels of justice turn slowly at times; ultimately justice does prevail, though," said Foulkes' attorney, Barry MacBan.
In August 2002, Hyams filed lawsuits against Wasatch Property Management, Creekside Place Holdings, and Randy and Dell Loy Hansen on behalf of more than 100 people who claimed they were sickened by rampant mold growing at the Eastside Place Apartments, 1800 S. Pantano Road.
The lawsuits also alleged two infants died within 12 days of each other as a result of the mold at the 444-unit complex, which is now called The Overlook at Pantano. Now-retired Pima County Superior Court Judge John Davis eventually threw out much of Hyams' evidence and ruled most of his clients had no basis for a lawsuit.
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Lee Foulkes and his wife, Antonieta, filed a lawsuit in Pima County Superior Court in March 2008 accusing Hyams of professional negligence and breach of faith.
According to their lawsuit, the Foulkeses were forced to withdraw from the lawsuit after Davis ordered them to pay a $5,400 judgment because they feared additional judgments would be entered against them.
The lawsuit stated Hyams "violated the rules of ethical conduct" and failed to exercise the "degree of skill, care and knowledge commonly exercised by members of the legal profession."
If not for Hyams, the lawsuit stated, the Foulkeses would have obtained compensation from their lawsuit, or at least would have avoided the judgment entered against them.
The Foulkeses sought unspecified damages for themselves and their two children, Abraham and Jeremiah.
During the original mold suit, Hyams was ordered to pay thousands of dollars in sanctions for his conduct. He was held in contempt by the Arizona Court of Appeals, and last year the State Bar placed him on two years' probation, censured him and forced him to attend 20 hours of State Bar courses, plus a course on professionalism.
Also, Davis ordered Hyams to pay two law firms a total of $700,000 in legal fees and the Hansen brothers $50,000 after defense attorneys convinced the judge that Hyams had refused to settle the case and purposely dragged it out by filing countless frivolous and untimely motions. Hyams fought Davis' decision and eventually reached a confidential settlement with those attorneys.
MacBan said he was pleased the case has finally come to an end after so many years.
Hyams declined to comment Wednesday, but his attorney, Peter Akmajian, said Hyams is pleased to have the case behind him.
In an email, Akmajian said Hyams continues to believe the sanctions against him were unjust. He also pointed out the Arizona Court of Appeals ruled last year that Davis erred when he tossed out the testimony of three of Hyams' expert witnesses, and a portion of the mold case is moving forward in Pima County Superior Court.
"Mr. Hyams has devoted his life to this case. He has been a tenacious advocate for the tenants against landlords who have spared no expense to defend the claims. Mr. Hyams and his clients certainly suffered setbacks along the way. But Mr. Hyams has never given up," Akmajian wrote.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
