Summary: Despite receiving an $8,000 retainer for eviction defense, attorney Richard Rosiak failed to file any responsive pleadings, did not prepare for trial, and failed to notify the tenant or co-tenant of his withdrawal until after the court date. Defendant wrote to counsel on January 5 (shown below) documenting dual payment that month, but received no substantive response before the appearance date. Commissioner later ruled that "You cannot receive your attorney's fee back if you win, because your attorney did not file anything."
Additionally, Rosiak never notified the co-tenant (the defendant's wife, named on the lease) that he was withdrawing or would not appear. The court scheduled jury trial believing representation was in effect. Defendant only discovered the abandonment after appearing alone. Rosiak reportedly claimed by phone that he "had no further duty" to communicate as he had stopped representing the tenant unilaterally.
Email to Rosiak (January 5, 2025)
Email clearly documents payment evidence and fraud concern weeks before court; no reply from counsel.
Retainer Agreement: $8,000 Deposit Paid
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Retainer signed July 16, 2024.
Fee waiver box marked, full $8,000 Initial deposit documented as received. Refused 4 requests for file for Superior Court trial as I was Pro Se
Charge Summary: