McAllen attorney facing theft charge accused by second client of unperformed legal work
A San Benito man says he paid $2,500 to a McAllen attorney to handle his civil case, but the attorney never filed a lawsuit on his behalf.
Martino Ruiz says he hired attorney Karina Michelle Cerda last July after searching for legal help with a fraud and breach of contract case.
During an in-person consultation, Ruiz paid a $2,500 retainer fee and signed documentation listing what services Cerda would provide. The contract stated the fee was non-refundable.
As weeks passed, Ruiz says he kept asking for updates but never received confirmation that a lawsuit had been filed.
When Ruiz disputed the charge with his bank, Cerda responded with the signed contract and invoice. The documents say Cerda prepared legal documents, including a draft petition and discovery documents, and that Ruiz was provided appointment reminders through a client portal that Ruiz claims he had no knowledge of.
Months later, Ruiz hired another attorney. An email provided to Channel 5 News shows that attorney told Ruiz no petition had been filed.
"I never saw a petition, and obviously the discovery documents are what I had that I provided to her," Ruiz said. "But there was never a petition for me to review, to approve, or even to file."
Ruiz then filed a report with the McAllen Police Department. The department told Channel 5 News that as of Aug. 4, no charges have been filed, and the case remains under investigation.
Hidalgo County court records show Cerda was arrested on July 28 on a theft of services charge in a separate case. In that case, another client accuses Cerda of accepting $700 for legal representation but failing to perform the work.
Channel 5 News spoke with Ricardo Salinas, Cerda's attorney, about those allegations.
"It's not like she took money for something else," Salinas said. "My understanding is it was purely for legal services."
When asked whether the client in that case would get a refund, Salinas said the outcome remains unclear.
"We don't know," Salinas said. "We don't know at this point."
Salinas also said he was not aware of allegations from other clients with similar experiences.
Attorney Raul Guajardo, who is not involved in either case, says a lack of communication can be one of the biggest warning signs for clients.
"If the attorney disappears on you, if it takes a long time for them to call you back or you don't hear from them in a few months, or if you don't see any progress in the case or when you call, you don't get any responses as to where you are on the file, things like that," Guajardo said. "Those are red flags."
He recommends clients keep records of every email, phone call, and payment.
"Most contracts are not required to be in writing here in Texas," Guajardo said. "The contingency contracts are, but it's always best to have a written contract. It'll define specifics as to an hourly wage, expenses, things of that nature, secretarial fees, all that."
Guajardo says clients can contact the State Bar of Texas if they have communication issues with their attorney or believe the attorney has behaved unethically.
"I would also recommend that you look at the reviews, talk to people, talk to neighbors before you hire an attorney," Guajardo said. "I think word of mouth is a big thing."
Salinas says he plans to keep fighting on behalf of Cerda.
"It's not going to hold water," Salinas said.
Ruiz says he hopes others can avoid a similar experience.
"This type of behavior gives other attorneys a bad name," Ruiz said.
Watch the video above for the full story.