Lawyer Ordered to Pay Ex-Client $100,000 for Malpractice in Defense

A judge has ruled that a Tarzana lawyer committed legal malpractice in his defense of a man charged with petty theft and must pay his ex-client $100,000.

The decision was returned last week by Judge David L. Praver in Ventura County Superior Court in a case against lawyer Bernard J. Berry. It was the latest episode in a two-year struggle by Jeffrey Peitz of Simi Valley to clear his name. It is not necessarily the last, because Berry’s attorney said he would appeal.

In 1983, Peitz, then an employee at a Gemco store in Simi Valley, was accused of stealing a gold chain valued at slightly more than $100, said his current lawyer, Steve Pell. The accusation was made when Peitz tried to return the chain, which was a gift from his wife.

Charges Against Lawyer

Peitz hired Berry to represent him at the trial in Simi Valley Municipal Court and paid the lawyer $3,500. But Berry failed to call key witnesses, did not object to testimony “that was clearly inadmissible,” failed to make a legal motion which might have exonerated Peitz and made other mistakes, Pell said.

Peitz was convicted and sentenced to 90 days in jail but was released on bail after one day, pending appeal, Pell said.

A Superior Court appellate judge reversed the conviction and ordered a new trial in July, calling Berry’s defense “not reasonably competent,” Pell said. The charge was dropped when it was proved that Peitz’s wife had bought the chain at the store, evidence that could have been submitted at the first trial, Pell said.

Berry Not at Hearing

Peitz filed a malpractice suit against Berry in November, accusing Berry of causing him shame, humiliation and loss of reputation.

Thursday, after a civil hearing in which neither Berry nor a representative appeared, Praver ruled in Peitz’s favor and awarded him $100,000.

Bob Baker, Berry’s lawyer, said that Berry will attempt to have Praver’s ruling reversed and a new hearing granted because Berry did not receive a notice of the hearing. Also, Baker said, Berry’s insurance carrier did not transmit the case file to him in time to represent Berry at the hearing.

Berry was admitted to the State Bar of California in April, 1979, and has had no disciplinary actions taken against him, a Bar spokeswoman said. Baker said Berry handles both criminal and civil cases.

Struggle ‘Pure Hell’

Peitz, now 29, was unavailable for comment Monday. His wife, Teri, said that the two-year fight to clear her husband’s name had “been pure hell.”

“Aside from losing a lot of money and being without a job for close to two years, we spent $19,000 defending against a petty theft charge,” Teri Peitz said. “We lost our faith in the judicial system.”

She said her husband is now working for the federal government in a law-enforcement capacity, but she would not be more specific.