Derby man fined $60,000 for unauthorized practice of law in Social Security case

By The Active Age | July 26, 2024

A Sedgwick County resident, Andrew Wells, has entered into a consent judgment with the Office of the District Attorney after being investigated regarding the unauthorized practice of law.

According to a news release, the investigation found that a consumer met with Wells at his “law office,” hiring Wells to represent her in a payment dispute with the Social Security Administration. Wells quoted a fee of $2,000. The consumer paid Wells a total of $500 over a period of five months. During that time, the consumer continued to receive notices from the Social Security Administration, resulting in the full garnishment of at least one of her benefit checks. Wells continued to assure the consumer that he was in the process of filing motions to fight her case, but she requested that Wells return the documents she provided to him and cease any legal work. Wells continued to state he would fight the case and failed to return her documents.

 The Consumer Protection Division of the District Attorney’s Office alleged Wells violated the Kansas Consumer Protection Act (KCPA) by failing to provide the consumer with a material benefit, making misleading statements and engaging in the unauthorized practice of law.

 Wells admitted to violating the KCPA and entered into a consent judgment to settle the matter. As part of the agreement, he agreed to pay $500 in restitution to the consumer. The court assessed a $60,000 civil penalty, as well as court costs and investigative fees. Wells promised not to perform or contract for any work he does not have the required license to perform. In addition, Wells agreed to cooperate with the investigation of any future complaints. The consent judgment included an injunction against engaging in any deceptive or unconscionable acts in the future. Wells also agreed to a 40-month probationary period with the Consumer Protection Division.

 The District Attorney reminds Sedgwick County residents that attorneys are required to be licensed and registered with the Kansas Supreme Court. The District Attorney suggests checking with the Kansas Supreme Court-Attorney Registration System, https://directory-kard.kscourts.gov/ or calling 785-296-8409, to determine whether a person is licensed to practice law. A properly licensed attorney will have a status of “Active”, meaning the attorney is in good standing and authorized to practice law in Kansas.

 The consent judgment was approved on July 15th, 2024 by Judge Deborah K. Hernandez Mitchell. The case was investigated by Bill Felix, investigator with the Sedgwick County District Attorney’s Office.

print