ineffective counsel

[sirsanta]

What is the name of your state (only U.S. law)? in
I wrote a certified letter to a lawyer who handled a previous case. I did not receive the appropriate counsel and sent information in that letter that she should have gotten from the plaintiff and did not. Due to that, she lost my case and I asked for a refund. She did not like my letter and told me never to contact her again via email. Now, is my next step to report her to the local and state bar associations? or any other legitimate, sensible ideas? appreciate it.

 

[quincy]

What is the name of your state (only U.S. law)? in
I wrote a certified letter to a lawyer who handled a previous case. I did not receive the appropriate counsel and sent information in that letter that she should have gotten from the plaintiff and did not. Due to that, she lost my case and I asked for a refund. She did not like my letter and told me never to contact her again via email. Now, is my next step to report her to the local and state bar associations? or any other legitimate, sensible ideas? appreciate it.

First, it is important to note that even if you lost your case, this is not necessarily the result of incompetence on the part of your attorney. What your attorney did or did not do must be shown to have had a material effect on the outcome (i.e., you would have won the case but for ...). If you believe you should have won your case, and could have won your case, you have the opportunity to appeal the court's decision.

I think it is unlikely you will get a full refund of your attorney costs. That said, you have a couple of options. You can try to discuss fees with your attorney and try to negotiate with your attorney directly, which is generally the first and best step to take. If the attorney is unwilling to discuss or negotiate, you can then file a complaint against the attorney with the State Bar and they will investigate any claims you make.

Following are two links. The first is to Indiana's Rules of Professional Conduct. You will want to read Rule 1.1 Competence and Rule 1.5 Fees (looking at Comment 9 on Disputes over Fees). The second link is to complaints about lawyer misconduct and when and how to file a complaint.

http://www.in.gov/judiciary/rules/prof_conduct/

http://www.in.gov/judiciary/discipline/2373.htm

Good luck.

 

[sirsanta]

Thank you. I'm sorry, I put in IN instead of IL. Can you send my the links for IL? Appreciated

 

[quincy]

Thank you. I'm sorry, I put in IN instead of IL. Can you send my the links for IL? Appreciated

http://www.law.cornell.edu/ethics/il/code/

https://www.iardc.org/htr_filingarequest.html

 

[sirsanta]

Thanks. the first link for IL when I click on it says it moved?

 

[quincy]

Try this: http://www.law.cornell.edu/ethics/il/code/

 

[Silverplum]

3 cheers for Quincy!!!

 

[sirsanta]

thank you. The lawyer can't sue me for filing a complaint can she?

 

[quincy]

thank you. The lawyer can't sue me for filing a complaint can she?

What you provide in the way of information in your complaint will be investigated if the complaint concerns the illegal, unethical or dishonest conduct of the attorney. What you provide in the complaint will not be considered true or false until an investigation determines its truth or falsity. The attorney cannot take action against you for requesting an investigation.

Please be aware, though, that making claims against an attorney that you know are NOT true is pretty serious stuff. The complaint itself is protected by a qualified privilege but any statements outside the complaint that you make publicly to another or others that impugns the honesty or integrity of the attorney can get you sued.

In your complaint, stick to what you believe is misconduct by your attorney (state the facts) and why you believe you deserve a full refund, and the ARDC will take it from there.

Good luck.


(thanks, SP )

 

[HighwayMan]

thank you. The lawyer can't sue me for filing a complaint can she?

She can sue you for any money you still owe her.

 

[quincy]

sirsanta, I have seen you on the forum in recent days. Have you had the opportunity to speak with your attorney yet in an attempt to negotiate fees, or have you filed a complaint with the State and are currently in a holding pattern?

 

[sirsanta]

I filed a complaint and waiting to hear. I paid the attorney with my discover card, I can do a charge back most likely. Will a charge back cause any problems for me other than the attorney being angry? The attorney lives in another state over 300 miles away.

 

[Zigner]

I filed a complaint and waiting to hear. I paid the attorney with my discover card, I can do a charge back most likely. Will a charge back cause any problems for me other than the attorney being angry? The attorney lives in another state over 300 miles away.

You are likely beyond the time frame for disputing the transaction. Furthermore, if Discover has half a brain, they won't find in your favor. The services WERE rendered, you were simply unhappy with the outcome.

 

[quincy]

I filed a complaint and waiting to hear. I paid the attorney with my discover card, I can do a charge back most likely. Will a charge back cause any problems for me other than the attorney being angry? The attorney lives in another state over 300 miles away.

Because this all took place in November of last year, and it is almost February, I agree with Zigner that it is too late to do a charge back.

If you filed a complaint, you should have been notified two weeks or so after submitting your request whether or not the ARDC decided to investigate your attorney. If the ARDC notified you that they had decided to investigate your complaint, you will eventually be notified of the outcome. Depending on the complexity of the matter, this can take a few months. You should hear something soon, I imagine - but if you want questions answered now, you can contact the ARDC at the numbers provided in the link above.

 

[cbg]

I'd just like to point out something here.

Many, many times a defendant (or, for that matter, plaintiff) is certain sure that a particular fact or piece of evidence is definitive and that as soon as it's introduced, it's all over and they win. Quite often they are wrong, and in fact the evidence in question would be harmful; or possibly even is inadmissible or excluded by the judge. It is very, very far from a sure thing that because the evidence was not introduced it was a failure on the part of the attorney.