An Anchorage attorney has lost his ability to practice law in Alaska over accusations he neglected his clients, spent some of their money for his own benefit, and didn’t properly dispense settlement payments, according to an Alaska Supreme Court order issued Friday.
Benjamin Crittenden is disbarred from the practice of law and must pay the Alaska Bar Association $1,000, according to the 46-page order, which references grievances filed against him involving just over a dozen clients as well as complaints filed by two judges. Most of the grievances involve people owed settlements after they were hurt in vehicle collisions.
Crittenden, a personal injury lawyer, passed the Alaska bar exam in 2005, according to the association. He was placed on disability inactive status in December after experiencing “debilitating autoimmune attacks,” according an investigation summary filed with the order.
Crittenden could not be reached for comment Friday. The order said he was dealing with personal issues and received conflicting diagnoses in the spring and summer of 2022 and experienced vestibular vertigo that “interfered with work and personal life routines.”
It’s rare for an attorney to be disbarred, according to Phil Shanahan, counsel for the Alaska State Bar Association. This is the first disbarment in Alaska since Erin Gonzalez-Powell was disbarred in 2020, he said.
The bar association received a series of complaints beginning in April 2023 claiming Crittenden refused to disburse funds, would not return calls or communicate with clients, and used their money for his own purposes, according to the investigation summary.
In one case, Crittenden’s refusal to distribute settlement funds to clients left them in such a dire financial situation that they told him they became homeless, the order said. In another, Crittenden’s failure to show up for court appearances led to an arrest warrant being issued for his client, it said.
The bar association consolidated the complaints into a single investigation and recommended disbarment in April, Shanahan said. The state Supreme Court ultimately rules on high-level disciplinary actions for attorneys and issued an order Friday officially disbarring Crittenden.
In several of the cases, Crittenden did not disburse full settlements to his clients, then stopped responding when they asked where the funds were, according to the order. Without the money, some clients were unable to pay medical bills.
Crittenden told a mother and daughter injured in a car accident in 2020 that he would pay out settlement funds in increments but rarely did so, the order said.
The mother repeatedly texted, called and emailed Crittenden as their increasingly dire financial situation and her health issues meant they needed money from the settlement to pay rent and bills, the document said. In the months that followed, the woman told Crittenden she had been “literally sleeping in my car and rest stops with my family,” it said.
Crittenden told her multiple times he would send her money, but never did, it said. He told her several times that he was sick or dealing with health issues.
Separately, a magistrate judge in Seward filed a complaint against Crittenden saying he “never worked” a DUI case, failed to appear at six hearings, repeatedly requested continuations of others, and did not file motions for 2 1/2 years, the order said.
A woman who hired Crittenden in 2019 for a case involving a misdemeanor driving offense said he failed to appear at any hearings and would not respond to her, according to the order.
“Since August 2023 she said he was non-responsive to 35 e-mail, was non-responsive to nine voicemails to his office, and non-responsive to 36 text messages. He cancelled two office appointments, one after she had already arrived at his office,” it said.
When Crittenden failed to appear for a hearing in 2023, the court issued an arrest warrant for his client, according to the order.
As part of the disbarment and disciplinary action, Crittenden agreed to pay restitution to the Lawyers’ Fund for Client Protection and to his clients. Clients whose attorneys have engaged in dishonest conduct can apply to the fund to receive compensation, Shanahan said.
Before seeking reinstatement, the order says, Crittenden must pay back any amounts he owes. He must also certify to the bar association counsel that he has earned at least 15 credit hours of continuing legal education in the areas of ethics, law office management and management of law office accounts.