I Need Help: Question of Malpractice. (simple case)

[alexanderj]

Hey,

I'm from Nevada, and I have a case with the Nevada District Court. I was charged with possesion of marijuana (.11 ounce) and paraphernalia. I hired a lawyer to handle the case because I am a college student (18 years old) and if I get formally charged with anything, then I may lose my scholarsihps. However, the lawyer who I hired (for 1200 dollars) has pretty much done absolutely nothing. He told me that he would file a claim for dismissal and contact the D.A. due to improper search and seizure. However, he didn't and proceded to do nothing after that. He DID appear for my pretrial but that was all he's done so far. (Even with myself and family members repeatedly calling him.)

Now, i was wondering, that even if I am given an unguilty verdict, can/should I file for malpractice? and how?

[You Are Guilty]

So if you're found "not guilty" (not unguilty), you still want to sue? Please, please lay off the weed. It's ruining your mind.

[cyjeff]

One more thing.

You are a grown up.

Therefore, your attorney did not have to tell any of your family members bupkiss...however, you can count on him charging you for listening to each and every message.

[SIN EATER]

There is no 'malpractice' in criminal law.

There is 'incompetence of counsel', but you will have to prove that, other than simply being found guilty.

You may think there was an 'issue of improper search & seizure', but the law may be otherwise ... 99.9% of suppression Motions are denied.

[las365]

because I am a college student (18 years old) and if I get formally charged with anything, then I may lose my scholarsihps.

Well, yeah, a good time to think about that would have been before taking possession of the pot. You don't deny your guilt.

If your attorney isn't able to prevent you from suffering the consequences of your own actions, the proximate cause of the consequences is still your own actions, not his alleged failure. In my opinion.

[Arthur401969]

Well if you choose to smoke dope then you also chose the legality of getting cought and if you choose to do drugs then you also give up your rights , no being clean for 18 years I find it is cheaper to stay off the drugs

[alexanderj]

I'm not questioning the legality or inquiring about the morality of what I did. So, you don't have to comment on it. All I was looking for was sound legal advice, not for a lecture from people who only accept a version of morality dictated by authority. Maybe, if you haven't tried weed, you shouldn't try to judge the morality of it's usage or try to insinuate that just because I smoke, that I'm immoral or unintelligent.

[Antigone*of*Greece]

Originally Posted by alexanderj

I'm not questioning the legality or inquiring about the morality of what I did. So, you don't have to comment on it. All I was looking for was sound legal advice, not for a lecture from people who only accept a version of morality dictated by authority. Maybe, if you haven't tried weed, you shouldn't try to judge the morality of it's usage or try to insinuate that just because I smoke, that I'm immoral or unintelligent.

No insinuation of your unintelligence was necessary. Your inability to use the English language properly is evidence enough.

"Unguilty your honor, I swear I is."

[jppepin]

I have an attorney doing basically the same scenario to us, except for it's on a probate case. He has failed to file proper paperwork, turned in paperwork late and also missed court appearances. He also agreed to a settlement for a will contest without my knowledge. I agree that you came here for advice, not to be judged. I am realizing the views on this forum are very much in defense of the attorney, regardless of their actions. Do yourself a favor, as I have done, and get yourself a second opinion - you can get a free consultation by contacting your local bar association and they will recommend one for you. It does not matter what you have been charged of or even if you are guilty, you are paying for a service and need to be treated with respect. I would agree to stop having all your family members call - you yourself should be the one in contact with him. If you decide to hire a different attorney for the case, you can file a grievance against the attorney with the bar association. The road to suing a lawyer for malpractice is a long one, very expensive, and you will need to find an attorney that specializes in this area - most do not involve themselves in malpractice cases. Good luck on your case!

[kkkkkathleen]

Glad to see someone answer some of your questions and give you some advice instead of judging you. "I 'd like to see him that has no sin be the one to cast the first stone"

I have had several cases and you will go a long way to find a decent attorney. I agree they deserve to be paid for what they do but when their negligence cost you its sad that there seems to be no remedy for the problem.

I currently have a problem with an attorney who abandoned his practice. After a year finally the bar association notified me that they were in possession of my file.

Good luck I would certainly get another opinion.

[cyjeff]

Originally Posted by alexanderj

I'm not questioning the legality or inquiring about the morality of what I did. So, you don't have to comment on it. All I was looking for was sound legal advice, not for a lecture from people who only accept a version of morality dictated by authority.

Sooo....

How is fighting the MAN on YOUR terms working out for you so far?

Maybe, if you haven't tried weed, you shouldn't try to judge the morality of it's usage or try to insinuate that just because I smoke, that I'm immoral or unintelligent.

I don't need to rape to know it won't work for me or murder to understand it's greater implication.

Immoral? There are those that would say you are for knowingly breaking the law.

Unintelligent? There are those that would say you are for committing a crime without knowing how the penalties could effect you.

I sincerely hope you aren't going to demand to be tried by a judge that has tried pot.