response

[ECAMP]

What is the name of your state (only U.S. law)?Ga
First of all I never said it had anything to do with my race. If you took the time to read my post you would know that. Second of all I dont think that this response is from a lawyer, because a lawyer would not have such a rude response. So if you are not going to respond with a logical answer, DONT RESPOND AT ALL!

 

[Antigone*]

What is the name of your state (only U.S. law)?Ga
First of all I never said it had anything to do with my race. If you took the time to read my post you would know that. Second of all I dont think that this response is from a lawyer, because a lawyer would not have such a rude response. So if you are not going to respond with a logical answer, DONT RESPOND AT ALL!

Just a moment. You said something about ethnicity in your post. Ethnicity has to do with race, so I was very confused as to what you were looking for.

Second of all, if you read the TOS you will see that most of the community is not made up of attorneys

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If you want a response to your questions, it would help for you to be clear in your posting.


https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/ethnic-violations-484171.html

I just found your post, and your post was very unclear and in fact your posting is in all CAPS. If anyone was rude, I'd have to say it was you for "yelling."

 

[quincy]

ECAMP, you titled your other thread "Ethnic Violations" instead of "Ethic Violations."

I think you owe Wirelessany1 an apology. The error was yours, not hers.

 

[latigo]

Ethnicity has to do with race,

Please explain what race necessarily has to do with a word that designates or is characteristic of a social group within a cultural system discriminated by its sharing of particular values, religion, food, dress and other customs and traditions?

And you weren’t confused at all by the caption - “Ethnic violations”. The question having been posted under the category “legal ethics” makes your present declaration of bewilderment simply too disingenuous to believe.

You knew very well from the body of the post that the guest was inquiring about her attorney’s professional misfeasance in supposedly representing her in the seizure of and the following in rem asset forfeiture case against her vehicle.

And it was you that officiously demanded that the post be reedited and chose to engage in the impolite and rude shouting.
__________________

Furthermore, knowing nothing of the subject matter of the question – the forfeiture of her automobile as allegedly used to facilitate the commission of a felony drug offense -

Yet you still took it upon yourself to suggest that the mere presence of the contraband in her vehicle was sufficient proof to warrant the forfeiture.

"It had nothing to do with your race and everything to do with the fact that drugs were found in your vehicle.”

_______________________

For your enlightenment more than ownership is required. Like consent or knowledge on the part of the vehicle owner!

Maybe this from the Florida Contraband Forfeiture Act, Florida Statute 932.701-704 will help you understand.

“Exceptions:

1. “Property titled or registered between husband and/or wife jointly may not be forfeited unless the agency can establish by a preponderance of the evidence that the co owner knew or should have known after a reasonable inquiry that the property was being employed or was likely to be employed in criminal activity."

Now perhaps you would care to comment on whether or not her attorney acted professionally in failing to make a timely appearance in the forfeiture proceedings to raise the defense of lack of knowledge and consent on the part of her client owner.

Do you recall this statement from the original post?

“I had no idea he was into drugs”.

 

[quincy]

If you re-read ECAMP's original post in her original thread, there are facts missing that could be important in determining whether the attorney acted unethically or not.

ECAMP said she was ill at the time of the car's seizure and did not know her husband was into drugs, she said she only spoke with the attorney once (she never said if she MET with the attorney), and she never mentioned anything about paying for the attorney's services.

She also did not say how the car was titled.

She DID say that the attorney did not have enough information to file the paperwork.

Did the attorney act unprofessionally or unethically? There is definitely not enough information provided in the other thread to determine the answer to that question. Florida's forfeiture act is certainly not much of an answer to the ethics question, however.

Finally, TYPING IN ALL CAPS is considered shouting and is rude (as well as being very difficult to read). You may want to keep that in mind, latigo, the next time you want to be rude.

 

[latigo]

If you re-read ECAMP's original post in her original thread, there are facts missing that could be important in determining whether the attorney acted unethically or not.

ECAMP said she was ill at the time of the car's seizure and did not know her husband was into drugs, she said she only spoke with the attorney once (she never said if she MET with the attorney), and she never mentioned anything about paying for the attorney's services.

She also did not say how the car was titled.

She DID say that the attorney did not have enough information to file the paperwork.

Did the attorney act unprofessionally or unethically? There is definitely not enough information provided in the other thread to determine the answer to that question. Florida's forfeiture act is certainly not much of an answer to the ethics question, however.

Finally, TYPING IN ALL CAPS is considered shouting and is rude (as well as being very difficult to read). You may want to keep that in mind, latigo, the next time you want to be rude.

What bloody difference does it make if the OP locked her keyboard in uppercase?

I don’t prefer reading it either, but it took about four heartbeats to “cut and paste “ and change the case.

But more to the essense here perhaps we should work on our reading skills.

• “I had the car before I met him”.
  
  [*]“I had no idea he was into drugs”
  
  [*]“I hired a lawyer in June to get back my car.”
  
  [*]“The lawyer assured me she would get the car back”.
  
  [*]“I made several calls …”
  
  [*]“She wouldn't respond to my calls.”
  
  [*]“I even called her office back to make sure they filed the proper paperwork on time, her assistant told me it was taken care of a couple of weeks ago..”
  
  [*] " A couple of weeks ago . . . . to my surprise she already knew that the car was awarded to the county. . .””.
  
• “Come to find out the judge awarded the car because she didn't submit the paperwork on time nor did it have all the necessary information.”

And if you care to be even more discerning of that last quote you will find that that woman is not saying that she didn’t provide her attorney with the “necessary information”.

She is telling us that the attorney’s paperwork didn’t contain the “necessary information”. And what paperwork was filed was not done timely.

And what more information would need to have been filed in response to the county’s action for forfeiture, other than what the OP has told us here? It was her car and she didn’t know it was being used to facilitate the commission of a crime!

Are you suggesting that the attorney did not have that information when she assured her client that she could successfully defend the forfeiture case? On what other basis would she have made that assurance?

Are there defenses to an in rem asset forfeiture case that you know of and I don't?

Also, whether the attorney was paid or not, she undertook to defend her client in a professional like manner. And the only information we have is that she not only failed to do so but purposely concealed from her client the judge’s turn over order!

All of which has much to do with professional ethics. And the attorney's blatant misfeasance subjects her to full responsibility to her client for the value of the automobile. Want to argue about that as well?

 

[quincy]

Latigo, if you are so sure you KNOW the answer to ECAMP's question, then ANSWER THE QUESTION. Don't argue with me or any other poster about how wrong we are unless you are willing to provide an answer of your own.

The smoke and mirrors in your posts are getting a wee bit tiresome.

I need more information from ECAMP before answering. You apparently don't. You apparently think all of the necessary information was provided in ECAMP's post.

That being the case, tell ECAMP what her next step is. Answer her question.