Stankevich v. Theodore Bohn, Esq.

Background

Andrew John Stankevich filed the action without a lawyer and invoked the court’s authority to hear disputes between citizens of different states. He alleged that Theodore R. Bohn, an attorney, owed him fiduciary duties in connection with efforts to assist Joy Powell with her criminal appeal. Stankevich alleged that Bohn communicated with him, received Powell’s case materials, failed to contact Powell, and did not return the case file, including an audio recording of emergency calls.

Stankevich described himself as Bohn’s client because Bohn allegedly provided him with informal free legal advice. He claimed that Bohn’s conduct caused a series of events that harmed his career and caused a serious psychiatric condition. He sought money damages and asked the court to extend the statute of limitations.

Court’s analysis

Because Stankevich had been allowed to proceed without prepaying filing fees, the court was required to screen the complaint. The court had to dismiss claims that were frivolous, failed to state a legally sufficient claim, sought relief from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court noted that lawyers representing themselves generally do not receive the special interpretive assistance ordinarily given to people proceeding without lawyers.

The court applied New York law governing breach of fiduciary duty in the attorney-client context. Such a claim requires an attorney-client relationship, a breach of the resulting duty, and damages. The court explained that an attorney-client relationship can be shown by factors such as a fee arrangement, payment, a written representation agreement, free legal services, actual representation, and a reasonable belief that the attorney was representing the person.

The court concluded that Stankevich alleged no facts showing that he and Bohn had a fee arrangement, that Stankevich paid Bohn, that Bohn accepted representation through a written agreement, that Bohn performed legal services for Stankevich, or that Bohn represented Stankevich in any forum. The court also found no facts showing that Stankevich’s belief that Bohn represented him was reasonable. It therefore held that Stankevich could not state a New York breach-of-fiduciary-duty claim.

The court separately found the action frivolous because Stankevich’s theory that Bohn owed him a legal duty had no basis in law. The court also stated that Stankevich had no personal claim that Bohn could present or litigate in connection with Powell’s proceedings.

Disposition

The court dismissed the complaint for failure to state a claim and as frivolous. It declined to grant leave to amend because it found that the defects could not be cured by amendment. The court certified that an appeal would not be taken in good faith and denied Stankevich permission to proceed without prepaying fees for an appeal. It directed the Clerk of Court to enter judgment. The order was signed by Chief United States District Judge Laura Taylor Swain.