Re

Re: Merrill Schneider, false advertising (and the "Fee Fairy")

Dear Counsel:

Pursuant to DR 1-103(A) and Opinion 1977-1 of the Bar Association of San Francisco I make this referral.

There is probable cause to believe that Oregon State Bar member and Social Security Representative Merrill Schneider is engaged in fraudulently advertising and making fraudulent statements to Social Security claimants who are citizens of the State of Oregon and surrounding States.

Merrill Schneider, disability attorney advertises on television in the Oregon and Washington State area and in print publications such as Dex Media and states in a quarter page color advertisement at least, he states:

“CALL NOW FOR A FREE CONSULTATION.”

But when Merrill Schneider is terminated by a client he demands that he be paid for this consultation. I enclose fee petitions that he has filed for his one and only meeting with his client-the “free consultation”.

Letters outlining Merrill Schneider’s misrepresentation to Social Security claimants are enclosed herein from his former client RG. I am informed that another such complaint is coming from former Schneider client LG.

As such, Merrill Schneider is making misrepresentations to the public and by taking the money is obtaining it by making false statements.

These misrepresentations are a violation of Social Security Regulations:

CFR 20 §416.1540

(1) …deceive or knowingly mislead a claimant, or prospective claimant or beneficiary, regarding benefits or other rights under the Act;

(2) Knowingly charge, collect or retain, or make any arrangement to charge, collect or retain, from any source, directly or indirectly, any fee for representational services in violation of applicable law or regulation;

(3) Knowingly make or present, or participate in the making or presentation of, false or misleading oral or written statements, assertions or representations about a material

fact or law concerning a matter within our jurisdiction.

There are of course several Oregon laws regarding misrepresentations by businesses to attract customers and federal statutes. As Schneider advertises on television and thus reaches across state lines, he of course violates federal laws on false advertising.

Attorney at Law

Social Security General Counsel
Social Security Administration
5107 Leesburg Pike Ste. 1605
Falls Church VA 22041

Attorney General State of Oregon
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301-4096

Oregon State Bar Disciplinary
5200 SW Meadows Road
Lake Oswego, Oregon 97035-0889

The Oregon State Bar tells us a story about the "Fee Fairy" who magically converts a
"Free Consultation" into a "Fee Consultation"

[Once upon a time...] "The first meeting essentially converts from an initial (free) consultation into billable time [to fee and thus the client owes Schneider money).

[The Oregon State Bar is] satisfied with Mr. Schneider's explanation that a consultation converts from free to (the client owes Schneider money) when he and the client essentially agree to work with each other. ...it clearly does happen!" [if you believe hard enough!]

("it clearly does happen" is an actual quote from Oregon State Bar. So boys and girls, close your eyes REAL TIGHT and clap your hands and a clause in an attorney fee contract will magically change!)