Marshall J. Auerbach
Ill-gotten gains

CLR suggests, that whenever any attorney has retained unearned attorney fees, the attorney is in possession of ill-gotten gains. Those who may benefit from these "ill-gotten" gains, either directly or indirectly, may include the attorney's spouse, children, parents, in-laws, siblings, other relatives, friends, and associates.

Just as a person who is in possession of property which has been stolen is not the legal owner of the property, a person who is in possession of "ill-gotten" gains is not the legal owner of those "ill-gotten" gains. The stolen property must be returned to the legal owner; the "ill-gotten" gains should be returned to the legal owner.

The title to personal property requires a chain of proof as does the title to real property.

In criminal law the hardest case for a defense attorney that he must contend with, is a case where the client, the defendant, is accused of being "in possession of stolen property". In such a case the only valid defense is proof of ownership of the goods in question. The burden is on the party who may have "ill-gotten gains" in their possession to prove that they have not received any "ill-gotten gains".

The following is a list of some of the persons who may have received some of the "ill-gotten" gains obtained from retaining unearned attorney fees by attorney Marshall J. Auerbach:

Carole Landsberg Auerbach
Keith Alan Auerbach
Michael Ward Auerbach
Nicole Auerbach
Paul L. Feinstein

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