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Woman Says Long Legal Fight
Has Driven Her to Distraction
By Jane Musgrave
Palm Beach Post Staff Writer
Sunday, July 20, 2008
Fifteen
years ago, life was good for Meryl and Norman Lanson. They owned a
small and respected chain of men's clothing stores. They had a young
son. They had a nice house. They had good friends. They had money.
Then the phone rang.
Within days of receiving an after-hours call from their banker, they
learned a trusted employee and friend - the godfather to their only
child - had embezzled $3 million.
Five years later, Baron's,
their menswear chain Meryl Lanson
that was a household name in South Florida
was dead.
But
while the 52-year-old family business died, the battle was only
beginning.
Now filling dozens of boxes
stacked in the dining room and garage of their suburban Boca Raton
home, the legal fight has destroyed the Lansons' life.
Meryl Lanson's therapist, Karin
Huffer (left), Meryl
Lanson is devoted to proving that the
says Lanson has legal abuse syndrome, a
legal system - attorneys,
judges and other
condition that causes people involved in
professionals - conspired
against them.
lengthy litigation to suffer the effects of
post-traumatic stress disorder.
She has fought the
battle in state and
federal courts. She has
sued her former attorneys for malpractice. She has filed complaints
with the Florida Bar and the Judicial Qualifications Commission. She
has written letters to former Gov. Jeb Bush and Gov. Charlie Crist
and copied the missives to the entire Florida Legislature. She has
created Web sites, decrying the legal system and what it has done to
her family.
And, 15 years into the
battle, she shows no sign of stopping.
Just last week, she filed
yet another federal lawsuit, accusing Miami-Dade Circuit Judge Jeri
Beth Cohen of violating her rights to represent herself in a
still-unresolved lawsuit that was first filed in 1999.
"Get on with your life? How
do you get on with your life?" she asks, mocking the advice many
have given her. "This is a horror. They destroyed our business. They
destroyed our reputation. They took our money and used it to destroy
us. They're going to put me back to where I'm entitled to be."
Legal abuse syndrome
Those who think she's
suffering from psychological problems are partially right. It's just
one of the many scars of the prolonged litigation. And, she says,
she has a medical diagnosis to prove it.
It's called legal abuse
syndrome.
Coined by a Las Vegas
therapist, it is virtually unknown in medical or legal circles. But
it has been embraced by people across the country who, like Lanson,
say messy lawsuits turned them into emotional, physical and, in most
cases, financial wrecks.
Therapist Karin Huffer says
she began her research after watching her husband's suffering in an
ugly contract dispute. She discovered those involved in lengthy
litigation often suffer the effects of post-traumatic stress
disorder - a malady most commonly associated with combat vets.
Flashbacks, inability to
concentrate, depression, exhaustion and eating disorders are common
symptoms of PTSD - once written off as combat fatigue - and
exhibited by those embroiled in court battles, Huffer says.
While working to help
Lanson for years, she has recently entered the legal arena with her.
Using the Americans With Disabilities Act, Huffer has asked that
Lanson receive accommodations so representing herself in court is
less traumatic.
U.S. Bankruptcy Judge Paul
Hyman this year approved most of the requests, which included taking
frequent breaks, giving Lanson extra time to file court briefs and
having an advocate beside her in the courtroom. He rejected her
request for videotaping, explaining it's not allowed in federal
courts.
At a tense hearing last
week, Miami-Dade's Cohen was equally obliging.
Cohen, having handled drug
court for many years, said she is accustomed to dealing with people
who have psychological problems, including PTSD, and making
accommodations for them.
"There's nothing here
that's offensive to me," she said of the requests. But it might be
difficult to ensure that "all misinformation (be) immediately
corrected on the record."
"I'm the judge of what the
evidence is," Cohen said. "I can't say because she perceives
something a certain way it must be so."
Still, Cohen said she would
try to make the experience as stress-free as possible. She
instructed lawyers opposing Lanson in the legal malpractice case to
refrain from any facial expressions that Huffer said inflame Lanson.
"Anything that exacerbates
the situation, that signals lack of respect - no eye-rolling, no
exasperation," Cohen told the attorneys. "Stone-face."
Lanson left the hearing
before most of Cohen's comments were made.
Still upset over remarks
Cohen made at a previous hearing, in which the judge said litigation
was Lanson's "raison d'être in life," Lanson insisted she needed a
new judge.
She also presented Cohen
with the lawsuit she filed against her in federal court in West Palm
Beach.
"I don't trust this judge.
This judge is biased," Lanson said, choking back tears. She then
fled the hearing.
Cohen said she has no
intention of stepping down.
Like Lanson, the attorneys
she is accusing of malpractice have had the allegations hanging over
their heads for years, Cohen said.
"We have to get this
moving," she said.
Lawsuit after lawsuit
Lanson's introduction to
the legal system didn't go well.
Initially, she said, the
man who embezzled millions from Baron's was offered a plea deal that
would get him probation. When she made an impassioned plea in court,
the judge rejected the deal.
David Peterson ultimately
pleaded guilty and served about 31/2 years in prison. The Lansons
also got about $400,000 in property Peterson bought with the money.
A lawsuit she and her
husband filed against their accounting firm for failing to catch
Peterson's thievery also ended badly, Lanson said. The accounting
firm's insurer agreed to settle the suit by paying $2.4 million -
far less than Lanson said they were promised. The attorneys got
$600,000 and court costs came to $146,327. After creditors were
paid, Lanson and her husband received less than $100,000, she said.
The conclusion of the
bankruptcy was equally unsatisfying. Filed as a Chapter 11
reorganization, the Lansons expected to be able to save their retail
chain, which had grown to 17 stores from Miami to Orlando, including
in the Boynton Beach Mall and Palm Beach Mall. When the bankruptcy
process was over, they were forced to sell what was left of the
business.
Lanson said the entire
situation didn't make sense.
Baron's entered bankruptcy
with $8.7 million in assets and $3.2 million in liabilities. The
Lansons came out with almost nothing.
Convinced that their
attorneys bungled both cases, the couple in 1999 sued lawyers Marc
Cooper, Ron Kopplow and Sonya Salkin. That is the case pending
before Cohen.
In 2005, six years after
the bankruptcy case was closed, Lanson sought to reopen it, claiming
the same attorneys had committed numerous frauds upon the court. She
claimed the attorneys failed to disclose more than 60 conflicts that
made it impossible for them to impartially represent the Lansons or
Baron's.
In April 2007, bankruptcy
judge Hyman said he found no evidence of fraud. "The court is not
without sympathy for the Lansons, who have clearly suffered losses,"
he wrote in a 39-page ruling.
While Hyman criticized as
"sloppy" some of the work Salkin did in handling the bankruptcy, he
said he found no evidence any of the attorneys committed fraud. His
ruling was upheld by another district court judge. The Lansons have
appealed.
Like Hyman, those
representing the attorneys say they sympathize with the Lansons.
"It's sad. It's unfortunate," said attorney Robert Klein, who
represents Kopplow. "They went from being the toast of the town to
nothing. They thought they would come out with extraordinary sums of
money."
But there were obstacles,
he said. The accountants argued that the Lansons should have
established safeguards to prevent the embezzlement. Baron's assets
weren't worth as much as originally estimated.
Klein is skeptical about
the existence of legal abuse syndrome, but after nearly a decade of
litigation he suspects the attorneys Lanson is suing are starting to
experience some of the symptoms.
Lanson, who said she has
flirted with suicide and spent months in bed, said there's no doubt
that the syndrome is real. Fighting back, she said, is part of the
recovery.
Through her Web sites and
her work with therapist Huffer, Lanson said she is trying to reform
the system and help others. She has filed a suit against the Florida
Bar, accusing it of protecting bad attorneys who buy malpractice
insurance from Florida Lawyers Mutual Insurance Co., created by the
bar and governed by top bar officials.
"God defined this as my
purpose in life," she said. "I have the power to make an impact, to
make a difference in people's lives."
About Baron's
Baron's grew from a
one-store operation in 1946 to 17 stores. It catered to
upwardly-mobile professional men. The chain had stores from Miami to
West Palm Beach, as well as two stores in Orlando and one in St.
Petersburg.
Requested court
accommodations
Meryl Lanson's therapist,
Karin Huffer, wrote lengthy reports to federal and state courts,
asking that the 54-year-old suburban Boca Raton woman receive
accommodations for post-traumatic stress disorder symptoms that are
caused by what she has dubbed legal abuse syndrome. Requesting the
accommodations under the Americans With Disabilities Act, she says
Lanson:
Cannot enter the
courtroom, attorneys' offices or be in the presence of legal
proceedings without flashbacks - emotionally charged, intrusive
thoughts that cause exhaustion. She needs to be allowed to take
breaks during proceedings.
Must be allowed to videotape all legal proceedings. This feedback is
critical to her ability to process the cumulative trauma that she
sustains because of the unrelenting nature of her prolonged and
protracted litigation. The tapes will help her minimize her symptoms
during proceedings and in preparation for legal proceedings.
Can feel numb or exhausted from PTSD symptoms during legal
proceedings. She may need an advocate present with her in court.
May need extended deadlines to complete paperwork and research
because the work causes her to be symptomatic while defending
herself against untruths, which arouses severe anxiety.
Needs all misinformation immediately corrected on the record. The
feeling of helplessness and disorientation sustained when
misinformation jeopardizes the trier of facts' ability to perform
greatly exacerbates PTSD. The misinformation causes her the greatest
amount of stress.
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