On Your Side Investigation: Clients complain to disciplinary counsel about Springfield attorney not filing cases

SPRINGFIELD, Mo. (KY3) - Maybe you’ve been there or know someone going through a divorce.

About a half dozen people in this situation tell On Your Side they can’t move on because of their attorney. They’ve waited months, and their cases are not filed. They hired attorney Cody Smith in Springfield.

“I don’t know what to do right now,” said Desarae Eastland. She paid Smith $1,000 in April and was told she’d be divorced soon. The case isn’t filed. “It adds to the stress of what you’re going through. I’m a travel agent wanting to renew my passport,” she said.

The same goes for Jarek Ellis. He paid Smith $1,400 in August for his uncontested divorce.

“It has been pretty frustrating,” he said. “There are more steps like the house and property, and we can’t get that split up until we are finalized.”

Then there’s Ryan Prince, who hired him one year ago to write a parenting plan.

“I kept reaching out, and he was saying he was going to do stuff, and it never got done,” said Prince.

After unreturned emails and phone calls, Ashley Reynolds went to Cody Smith’s office on Sunshine Street. He wasn’t there.

Eastland filed a complaint with the Office of Chief Disciplinary Counsel. The agency investigates allegations of lawyer misconduct that could result in a suspension or disbarment from practicing law.

In September, Smith responded to her complaint, saying, “I did answer her, but it may have been slower than normal. That was around the time I was in a car accident where a truck smashed into me while I was sitting at a red light.”

“Was he in ICU? Was he incoherent? Because if you’re in a car wreck, you can still make phone calls,” said Eastland.

A Missouri Highway Patrol spokesperson confirms to On Your Side that on June 28, they responded to a wreck matching the description of Smith’s car and said no one was injured.

Smith’s response states, “I spoke with multiple other attorneys, and they each consistently said that when a client threatens to file a bar complaint against you, you leave their case and stop working for them.”

“I feel like I gave him plenty of chances to do the right thing,” said Eastland.

Eastland tells us her complaint is being investigated.

Ellis finally heard back from Smith on December 2, only after mentioning he was contacting On Your Side. Smith replied in an email, ”That’s a threat of defamation.”

“Why did that not get to you?” Ashley Reynolds asked Ellis.

“I didn’t think he had any ground to stand on,” he replied.

Ellis and his soon-to-be ex-wife got a new attorney. He and Prince recently filed complaints with the disciplinary counsel and have not gotten a response yet.

Before you hire an attorney, check online reviews and testimonials. The Springfield Metropolitan Bar Association is a good source. Supreme Court Disciplinary Actions are public information. So you can see if an attorney has been suspended and why.

Schedule consultations with several attorneys so you can find a good fit.

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