Disciplinary Action against attorney

[Hoosier1]

What is the name of your state? Indiana

I filed a disciplinary action against my attorney. I felt he neglected my case and failed to respond to my request. In addition, he charged more - in my opinion - after I commented about his poor representation. I refused to pay this and now he has filed in small claims. His comment; "If you don't pay up, you will have to pay all the court cost." I received many threating comments. I sent a letter suggestion we resolve, but he would not negotiate. Who holds this attorney accountable for poor service & representation? Also, his outlined statement has been buffered to show additional costs. How do I dispute these charges? I have telephone records that contridict, but charges for filing is questionable.What is the name of your state?What is the name of your state?

 

[LdiJ]

What is the name of your state? Indiana

I filed a disciplinary action against my attorney. I felt he neglected my case and failed to respond to my request. In addition, he charged more - in my opinion - after I commented about his poor representation. I refused to pay this and now he has filed in small claims. His comment; "If you don't pay up, you will have to pay all the court cost." I received many threating comments. I sent a letter suggestion we resolve, but he would not negotiate. Who holds this attorney accountable for poor service & representation? Also, his outlined statement has been buffered to show additional costs. How do I dispute these charges? I have telephone records that contridict, but charges for filing is questionable.What is the name of your state?What is the name of your state?

If you have filed a disciplinary action with the state bar, you have already done what you can, other than going to small claims court and trying to defend yourself. The state bar is who holds attorneys accountable.

 

[Golfball]

What is the name of your state? Indiana

I filed a disciplinary action against my attorney. I felt he neglected my case and failed to respond to my request.

Depending on the specifics, you may or may not have a case, there isn't enough information here to tell. Failing to respond within 24 hours is not necessarily actionable.

In addition, he charged more - in my opinion - after I commented about his poor representation.

How did he charge you more? Did he bill more hours, increase his rate, or what? Not enough info here to tell. And it may have been perfectly legit.

I refused to pay this and now he has filed in small claims. His comment; "If you don't pay up, you will have to pay all the court cost."

That would be correct. You are failing to hold up your end of the contract, you may be liable for the court costs, especially if your fee agreement states such.

I received many threating comments. I sent a letter suggestion we resolve, but he would not negotiate.

Have you gone through Fee Arbitration (assuming your local bar has that)? If your local bar has that, you should have gone through that, rather than waiting for your attorney to file suit against you.

Who holds this attorney accountable for poor service & representation?

The state Bar association.

Also, his outlined statement has been buffered to show additional costs. How do I dispute these charges? I have telephone records that contridict, but charges for filing is questionable.

It's not uncommon to charge separately for such costs like filing fees, copying charges, long-distance, etc. Those things cost money, the attorney is entitled to recompense.

 

[Ohiogal]

If you have filed a disciplinary action with the state bar, you have already done what you can, other than going to small claims court and trying to defend yourself.

The state bar is who holds attorneys accountable.[/

QUOTE]

THAT IS NOT ENTIRELY TRUE! The state bar determines if disciplinary action should be recommended and then the state Supreme Court administers the punishment whatever that may be through their disciplinary action. State bars associations are not governing boards as much as they are professional organizations.

 

[Golfball]

If you have filed a disciplinary action with the state bar, you have already done what you can, other than going to small claims court and trying to defend yourself.

THAT IS NOT ENTIRELY TRUE! The state bar determines if disciplinary action should be recommended and then the state Supreme Court administers the punishment whatever that may be through their disciplinary action. State bars associations are not governing boards as much as they are professional organizations.

If the state bar finds no evidence of misconduct, will the state's court overrule that?

 

[LdiJ]

If the state bar finds no evidence of misconduct, will the state's court overrule that?

It depends on the specific issues covered in the lawsuit. However, in general, if the Bar orders him to write off or reduce the fees then the lawsuit goes away. If the Bar finds that the fees were justified, the the attorney is free to pursue the lawsuit.

A real life Indiana example is one where at the client's first meeting with the attorney, the attorney introduced the client to his associate, just in case it was ever necessary for the associate to step in when there was a scheduling conflict. The associate merely came in the room for about 2-3 minutes for the introduction.

However, when the client got the itemized bill at the end of the case, the client had been charged a full hour of the associate's time, for that introduction. The Bar made the attorney remove that hour from the bill.