This review is painful to write. I hired Brian Ferry in November 2017 after my father died following a brain aneurysm and more than a year in a vegetative state, amid disputes over his guardianship, properties and estate. From Canada, I needed a Delaware lawyer I could trust.
I worked with Brian for more than seven years. I did not write this sooner because it was too painful to revisit what happened. After losing my father, I also suffered a devastating financial loss involving his estate. These are serious concerns, but not my only ones.
I did much of the research myself and uncovered useful documents. At times, I felt I was doing investigative work I was already paying my lawyer Brian to handle.
The most damaging example involved 515 S. DuPont Highway in Dover, a property owned through my father’s company. Appraised at $249,000, it was the estate’s most valuable asset. While Brian represented me, it went to a sheriff’s sale because my brother, my father’s guardian, failed to pay its property taxes. The court later found that my brother breached his duties by failing to pay them.
The gross sale price was $52,000. After the tax claim and sale expenses, the estate received only $40,341.12—about 16% of the appraised value.
On August 2, 2018, Brian received an email warning that the sale may have occurred but did NOT forward it to me. He later said he searched for about 40 minutes, found nothing and moved on. Had he told me, I would have kept searching, as I repeatedly did throughout the case. On April 20, 2020, he admitted in writing that he should have forwarded the email and that his reasoning was wrong. I cannot say a court would have reversed the sale, but I lost the opportunity to investigate promptly before delays and later transfers made action much harder.
Another concern involved Tocumbo. Records showed a $159,147.71 loan, and I believed approximately $150,000 remained unpaid. Brian knew for years that I wanted it pursued, but no lawsuit was brought. When I raised it again on January 3, 2024, he said the statute of limitations had expired “a long, long time ago.” Although he said he represented me, not the estate, I was shocked he had not warned me while the proper party could still act.
The DuPont appraisal exceeded the estate’s net proceeds by $208,658.88. Separately, I believed approximately $150,000 remained due on the disputed Tocumbo loan. I am not claiming Brian legally caused either loss; I am stating what occurred during that period.
Billing for an April 13, 2023 hearing was also upsetting. Brian proposed the date, then said he would be away. Other lawyers, including his father, founding partner David J. Ferry Jr., had to learn my case, and I was told $10,707.50 was “to be billed.” I felt it was unfair to pay for that.
Our payment arrangement was the final breaking point. After Brian admitted the email failure, we reached an agreement that he would be paid from estate funds after I became administrator, not by me. Brian worked toward my appointment, and we were confident in part because the Court had already found that my brother, Alex Whilby-Nastatos, had committed fraud on the Court — something we understood would make his appointment very unlikely. After years of fighting, I was never appointed. Brian later denied this was a legal agreement and pursued me personally.
Altogether, I paid Ferry Joseph $60,343.97. My estate distribution was $40,660.53, meaning my payments to the firm exceeded it by $19,683.44.
I am autistic, have severe dyslexia and live with mental-health challenges. Brian knew complex legal information and shifting communications could overwhelm me. I needed clarity, patience and compassion. Instead, I had to ask repeatedly for explanations and piece matters together myself. I never felt he considered how my disabilities and mental health affected me.
There were times when Brian helped me and I trusted him, which is why this hurt so much. Based on my experience, I cannot recommend this firm, especially to vulnerable clients who need patience and clarity.
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