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Lawyer Dirty Tricks

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AkemiK

Junior Member
What is the name of your state? KY

I live in KY, but my case is in Indiana. I filed on my own because I was initially uncertain about who to hire. I went to an attorney that I heard good things about, and he took my case. He is a KY atty, and he told me that he was not licensed in IN, however, he would take the case to try and get a settlement. If a settlement couldn't be reached, he said that he had associates in IN who could do the court appearances, and they would split his percentage.

He took my documents, started a file and asked that I bring in my photos and evidence. I provided these things and he called opposing counsel. He did not reach him and never called him back.

I on the other hand, tried to contact my lawyer numerous times and finally wrote him. His son, also a lawyer called and told me to come in. I did, and we answered interrogatories. He said he thought he could settle it since he was friends with the other lawyer. I didn't hear back. I try to contact them, and nothing. Next thing I know, I get something saying that the other side was trying to get a dismissl for lack of prosecution. My lawyer never sent the answers, and did nothing in the way of contacting his friend.

I was livid and went in to my lawyers office. He said that he was not really my lawyer and that he only agreed to find me one. He tried to say that we never answered the interrogatories, but out of the goodness of his heart, he would call opposing counsel. He did and set up a deposition, and said that he would sit in and help me get a settlement as they indicated this was how they wanted to handle it.

I did the deposition, and he said to sit tight while he worked on getting the settlement. he said since he had really done little work he would take 20 %. The amount he suggested was much too low, and then he said he would charge me, but would continue to assist. The next thing that happens, the other side is again trying to get a dismissal. In addition, my lawyer now is trying to tell me that he was just being a good guy and helping, but the idiot lost my evidence! In addition, I thought I had help, but now find out that since he is not licensed in IN, he couldn't do any paperwork, make any demands, etc. He also now claims that he didn't really take the case and that he only agreed to help me find a lawyer,. When I asked why he took my documents, asked me for my evidence, did the interrogatories, sat in the depo, and made me think I had a lawyer to protect my interest, he ignored me.

I know I need to find a lawyer, but am having a hard time due to the circumstances. What can be done about that lawyers unscrupulous behavior. If its not malpractice, can he be sued for a contract violation, even if it was verbal with witnesses?
Thanks. I feel shafted!
A :mad:
 


MN.
You still need to file a grievence. This will put a mark on the Attorney's
record that will not necessarily affect the Attorney per se but will BE
THERE when others are seeking his counsel, call to check his record out,
& find that somebody was not too happy with his services. I have run
this check before. A recent mark would mean that I may look elsewhere
for an Attorney. If not for yourself, please do it for the next person.
The lesson from all of this is next time, make sure you give the Attorney
COPIES of everything you have so, if you have to, you can go elsewhere
with all of your "evidence." Now your evidence etc. is invisible which means
you either don't have a case, OR you are stuck with that Attorney.
Good Luck To You ~~Mary~~
 
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Dandy Don

Senior Member
What was his legal specialty, and did he have you sign any type of fee agreement/contract?

What this man did is unconscionable and you need to be talking to another attorney to see if you have grounds for malpractice or other charges. Don't count on too much of anything happening with a complaint with the bar association since it will probably be a cover-up to protect him professionally.
 

Teboos

Junior Member
contract never came

We never got to signing a contract, because he kept promising to get it to me, but it never came. I addressed that topic in several letters that I sent to him. At the end of my dealings with him, he wrote and said he was doing all that he did on a pro-bono basis, and he was upset that I didn't see it as the favor it was.

I had to submit a motion for an extension of time, as the opposing counsel has asked for summary judgement. I explained in my support what has transpired, but I am worried that my case will be dismissed since my so called lawyer has wasted two years of time.

I didn't know if this would be considered malpractice as I haven't lost yet.
thanks for the responses.
 

badapple40

Senior Member
Dandy Don said:
What was his legal specialty, and did he have you sign any type of fee agreement/contract?

What this man did is unconscionable and you need to be talking to another attorney to see if you have grounds for malpractice or other charges. Don't count on too much of anything happening with a complaint with the bar association since it will probably be a cover-up to protect him professionally.
As a member of the Kentucky bar, I find that assertion groundless, and offensive. Perhaps there are "cover ups," but we see discipline coming out of the Kentucky supreme Court on a weekly basis for attorneys who have screwed up. Don't contact the local bar association. Go straight to the Supreme Court.

http://www.kybar.org/Default.aspx?tabid=235

By Supreme Court Rule, all complaints against lawyers must be made in writing and must be notarized. No complaints can be accepted by e-mail or telephone. Although it is not required that a complaint be on the KBA form, there is a form available. You may choose to file your complaint by writing it out, signing it, and having it notarized. However, if you prefer to use the form, you may obtain a form by contacting the Client Assistance Program:

Frank Burnette, CAP Director
Phone: 502-564-3795 ext. 266
[email protected]


A form is also available from the KBA Office of Bar Counsel by contacting:

Angela Hood, Intake Paralegal
Phone: 502-564-3795 ext. 261
[email protected]
 

Dandy Don

Senior Member
Pro bono basis means he is doing this for free and does not expect compensation, but if it appears that he is too busy with other cases to do proper justice to your probate situation, you would be better off hiring your own probate attorney who could give your case full attention.
 

stevek3

Member
badapple40 said:
As a member of the Kentucky bar, I find that assertion groundless, and offensive. Perhaps there are "cover ups," but we see discipline coming out of the Kentucky supreme Court on a weekly basis for attorneys who have screwed up. Don't contact the local bar association. Go straight to the Supreme Court.

http://www.kybar.org/Default.aspx?tabid=235

By Supreme Court Rule, all complaints against lawyers must be made in writing and must be notarized. No complaints can be accepted by e-mail or telephone. Although it is not required that a complaint be on the KBA form, there is a form available. You may choose to file your complaint by writing it out, signing it, and having it notarized. However, if you prefer to use the form, you may obtain a form by contacting the Client Assistance Program:

Frank Burnette, CAP Director
Phone: 502-564-3795 ext. 266
[email protected]


A form is also available from the KBA Office of Bar Counsel by contacting:

Angela Hood, Intake Paralegal
Phone: 502-564-3795 ext. 261
[email protected]


Please...Like any fraternity, there's an unwritten code. As a general rule, the only time the dreck gets hosed is when they think they're completely bulletproof and step on some very wrong toes. Even then, any purported "punishment" is a complete joke. How many lawyers are ever permanently disbarred for ANYTHING? Reprimands, probation and short-term suspensions for even the most heinous offenses. Screw clients, make a mockery of the profession and then get the equivalent of a parking ticket. Whoopie.
 

fighter19

Junior Member
People Fighting For Their Lives

For The Person Who Made The Joke About The Food Stamps, That Was In Very Poor Taste , And I Am Sure You Can Find A Wed Sight About Stand Up Comedy . S-a-mf , People Are Fighting For Thier Lives And There Names So...... They Do Have Comedy Web .
 
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Having seen how the Kentucky bar disciplinary process works I have to agree that Kentucky's is pretty bad. But I would also say Indiana's is as bad if not worse. The problem is the disciplinary process is very, very political. Because of separation of powers, there is no oversight over how the Disciplinary Commission and ultimately the state Supreme Court handle complaints against attorneys. You'll have mild violations pursued aggressively while egregious violations are not pursued at all. Indiana's Commission is truly horribly corrupt. The same Commissioner and same Chief Justice have run the show for probably about 12 straight years now if not longer.

As far as the word "cover-up" goes that offended the Kentucky lawyer, well I could tell you stories of things that have happened in Indiana that have been covered up by our Commissioner and Chief Justice that would curl your toes. It's really a bad situation. Unfortunately that's what always happens when you grant one (or in this case two) person absolute power with no oversight such as is the case with the disciplinary process. The saying that absolute power corrupts absolutely, is very true

Fortunately I've never been on the receiving end of the discipline. But I have seen things that are highly unethical and I find very offensive.
 
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LLBMOM

Junior Member
sTATE; Massachusetts

Well, You need to do a search here, there, anywhere. Even maybe press attention. I agree, if kentucky is anything like massachusetts, then it is a waist of time with the barr. All you have to do is go on the barr's web site to see recent pentalies against lawyers, and you will see a mere slap on the wrist for things like embezzement and theft for cases where client's lives are ruined. I am in the same vote you are. I don't know where to turn. I believe there are good lawyers out there, we just have to find them without going bankrupt financially and emotionally. I would consult a malpractice attorney at least for feedback, and the one thing I learned get everything in writing. Finding a GOOD malpractice attorney is another issue. Not many lawyers want to sue lawyers.
 

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