What contsitutes incompetence and justifies action against an attorney?

[badami]

What is the name of your state? California

While being divorced by my ex, I managed to run afoul of the Criminal law. I picked up a DUI and 5 other misdeamenors and wound up serving 2 months in county jail. While incarcerated my employer terminated me for "job abandonment" because I was not at work.

During negotiations with the D.A. the judge agreed to my request to serve my time on a county program that allows me to spend nights inside a City Jail and days at my work. My attorney was unaware of this program so I had to argue it with him. It was granted by the court. However, I decided to check myself in to rehab for two weeks prior to my sentence and informed my lawyer of my intent. While being treated the Doctors at Kaiser prescribed 5mg of paxel. A phycotropic medication.

When I was released I went to the City Jail to turn myself in and was denied the court ordered 12/12 program because the City facility did not have the capability to manage medicines. Immediately I was told to report to the County facility where they did NOT accomodate the 12/12 and hence I was unable to report to work and lost my job within a week.

The only reason I agreed to the penalties and did not fight the charges was because I felt saving my job was fair enough.

My question is this; Should #1 my attorney been versed in the available program I intended to use to save my job, which he wasn't. #2 When he was aware of my plea bargain, should he of not known that once I was medicated it would eliminate my qualification for the program that was intended to save my job? Thereby warning me, at the very least, that I should get off the meds before I tried to turn myself in.

This whole situation, compounded by the lackluster job he performed during my divorce, has destroyed my life. I take full responsibility, but what in the heck is a lawyers responsibility to his client if not to protect him from the system?

I used the same lawyer for both my Family case and my Criminal case.

As a footnote, the same lawyer told me during my divorce that I could recoupe money spent by my ex on her boyfriend IF I could prove cohabitation between them. After spending thousands in research locating them I waited one morning to take pictures of them leaving for work. Once I had the photos, I left, called him to share this data and wound up in Court the next day(ex-parte) and on his advice I accepted a 3 year restraining order that crippled my entire case against my wife. He told me later I was supposed to hire someone else to take the pictures. Damn him! Why didn't he tell me that BEFORE the fact?

We are clients for a reason, no? We don't know these things. Isn't that THEIR JOB and what WE are paying for?

Can I recover anything from this attorney? Should the Bar Association be informed of my complaint? Do I have a complaint or is this just sour grapes on my part?

Thanks everyone, this board has helped me tremendously so far.

[moburkes]

#1: No.
#2. No.

[Ohiogal]

My question is this; Should #1 my attorney been versed in the available program I intended to use to save my job, which he wasn't. #2 When he was aware of my plea bargain, should he of not known that once I was medicated it would eliminate my qualification for the program that was intended to save my job? Thereby warning me, at the very least, that I should get off the meds before I tried to turn myself in.

An attorney cannot be expected to know EVERYTHING about EVERYTHING. Seriously. he may have been wrong but that does not equate with incompetence.

This whole situation, compounded by the lackluster job he performed during my divorce, has destroyed my life. I take full responsibility, but what in the heck is a lawyers responsibility to his client if not to protect him from the system?

You are contradicting yourself left and right. You take full responsibility you state but then you also place part of the blame on your attorney. You state that his lackluster job destroyed your life. I beg to differ. YOU destroyed your life if you consider it destroyed.

I used the same lawyer for both my Family case and my Criminal case.

Which may have been your first mistake.

As a footnote, the same lawyer told me during my divorce that I could recoupe money spent by my ex on her boyfriend IF I could prove cohabitation between them.

Yep that is true.

After spending thousands in research locating them I waited one morning to take pictures of them leaving for work. Once I had the photos, I left, called him to share this data and wound up in Court the next day(ex-parte) and on his advice I accepted a 3 year restraining order that crippled my entire case against my wife. He told me later I was supposed to hire someone else to take the pictures. Damn him! Why didn't he tell me that BEFORE the fact?

Because he is NOT a mind reader and probably didn't expect you to go all stalker-ish on him. How did the restraining order cripple your case against your wife?

We are clients for a reason, no? We don't know these things. Isn't that THEIR JOB and what WE are paying for?

Nope. You are paying an attorney to protect your rights as accorded to you by the constitution. They cannot possibly protect you from yourself.

Can I recover anything from this attorney?

Nope.

Should the Bar Association be informed of my complaint?

You could complain to them but it probably won't go anywhere.

Do I have a complaint or is this just sour grapes on my part?

Sour grapes. Everyone who loses a case blames their attorney. Easy scapegoat quite frankly.

Thanks everyone, this board has helped me tremendously so far.[/quote]

[badami]

How did I know I wouldn't like some of the things that would be said?

Because I asked the questions hoping for honesty and sometimes the truth hurts.

So I thank you for your advice, comments and opinions you saved me time and money. You also made me rethink a few things now I can move on.

Thank you and best to you.

Sincerely,

Ted

[Ohiogal]

Originally Posted by badami

How did I know I wouldn't like some of the things that would be said?

Because I asked the questions hoping for honesty and sometimes the truth hurts.

So I thank you for your advice, comments and opinions you saved me time and money. You also made me rethink a few things now I can move on.

Thank you and best to you.

Sincerely,

Ted

Then quite frankly I am impressed. Because most people hate what we post and decide that we are being mean and cruel and then slam us for posting because they only want to hear something that boosts their position. We may seem harsh but most of us seniors know what we are talking about and dont' want people to make costly mistakes. Good luck to you.