Paraplegic survives her attorney’s greed, insincere sadness

Before his sentencing for obstruction of justice, Las Vegas attorney Noel Gage said he had "great respect" for his former client, Melodie Simon. "I'm truly saddened by her belief I let her down."

Notice he didn't admit he let her down, just that she believes he did.

Simon, who spoke at Gage's sentencing Thursday, said afterward she thought his comments about her were insincere. "I don't think he thinks he did anything wrong."

That's exactly right. That's why he entered an Alford plea, in which he didn't admit guilt, but admitted he would be found guilty of a felony by U.S. District Judge Justin Quackenbush.

The judge was sympathetic to Gage, but also lectured the personal injury attorney on greed, and ruled he intentionally failed to produce checks showing unethical payments to co-defendant Howard Awand. The judge didn't buy Gage's position he merely failed to pay attention to getting documents requested by the grand jury. The checks were evidence Gage paid referral fees to non-lawyers, which is a violation of the Canons of Ethics.

"I agree he's been singled out for prosecution, but not unfairly," Quackenbush said.

Gage's sentence was three years' probation. Three months will be house arrest. He also was fined $25,000, although prosecutors had asked for the maximum of $250,000. His bar license was suspended until the Nevada Supreme Court decides what action to take.

The Simon case became the centerpiece of a federal investigation into allegations doctors and lawyers conspired to protect and enrich themselves to the detriment of their patients and clients.

Simon, 51, is a paraplegic permanently paralyzed from her sternum down since back surgery 10 years ago. She doesn't have a beef about the sentence. "I didn't care if he got time or not."

Does she agree with Quackenbush's statement that Gage, 72, is "a good man who made a serious mistake?" Simon said simply, "No comment."

Awand said in his plea Gage agreed to pay him 40 percent of Gage's legal fees on any case Awand referred to him. The consultant said after he referred a lucrative case to Gage in 2001, the attorney agreed not to sue two of Simon's doctors, John Thalgott and Mark Kabins. Instead, he sued the anesthesiologist. The settlement was $2.1 million, not even close to the $10 million Gage initially estimated.

Since then, Thalgott voluntarily paid Simon $1.5 million, Kabins paid her $3.5 million at the government's behest and Gage returned his attorney fees of $702,600 under the plea deal.

"I'm not a victim. I'm a survivor," Simon told me.

She has signed up for another year teaching health and remains the varsity coach for men's and women's volleyball at Cheyenne High School. She had a recent complication when a virus paralyzed her right arm. While the arm is weak, she can use it and teach and coach next fall.

Her written statement to the court was tough: "Noel Gage lied to me. He was not my advocate. He acted out of his own selfishness and greed."

In court, her voice quivering, Simon said she can forgive, but can't forget. "You trust lawyers to take care of you, and I feel that trust is gone."

Quackenbush told Simon, "Periodically, I have cited you as a person who suffers and goes ahead and lives. You're a great person."

Quackenbush said he hoped the case would remind professionals, including doctors, lawyers and CEOs of corporations, of their ethical, moral and legal obligations to patients, clients and stockholders.

"Greed, in my judgment, should not be allowed to overcome fiduciary responsibility," he said.

Meanwhile, perhaps a few wrongdoers recognize and admit their guilt, even if Noel Gage doesn't.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.