• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do any parameters exist that clearly define an attorneys responsibility to client?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Richard Smith

Junior Member
What is the name of your state (only U.S. law)? Connecticut>-Can someone please explain or direct me to a known document that allows me to check if my lawyer is acting outside his responsibilities to his client (me)?I am sick to death with being treated like i have to take what my lawyer decides,at his pace,or just plain ignoring every question he decides he doesn't want to answer,or replying with a vague "i dont understand the question".(so i ask again and say please clarify what you mean by "it will take 'some time' to distribute the funds" )and he simply ignores it.I have sat back as my lawyer has filed responses to the court agreeing to a financial settlementof an amount,to split it 4 ways with the other victims though 2 were never injured,and stating i desire to keep my compensation in escrow ,(after the lawyer takes his third)! i found this response written in the first person with my name as the author i.e."I ,John Smith.." and it states its my informed desire...i never wrote it ,signed it,was never shown it.then wheni ask if i can have my money he dictates the amount as he needs to keep some "just in case" !he tells me they want to offer the minimum with their fees and expenses extracted (they,their = defense) ,i tell him ive never heard anything so absurd and he says "right ,but im not sure if they (defense) can make you pay their fees and expenses,ill let you know when i know".years later guess what amount with the defense lawyers fees and expenses extracted ,im being told to accept as a settlement ,also telling me if we go to trial after we pay for expert testimony it would be the same!im so dusgusted i want to report him to the bar,the better business bureau,and use social media as well as apply my knowledge of advertising and web page design/development/promotion to induce search engines to suggest a web page documenting his concept of representation as the best match for a wide range of queries.Im still waiting for the "check to be cut".this lawyer ,has said while im waiting for calculation i can purchase a headstone (for my son),and charge it to the estate so i dont have to wait for manual calculation,i ask how i do that,no answer.this lawyer has told me that another victim in the car was injured more severely than my son!(this contradicts the whole lawsuit as he filed it ,it states my son lost his life and was the only fatality<my son was the only fatality>).my son was sent home from the er with an undiscovered broken rib,the Lawyer said when i stated his error that it "didnt really matter".
I would really appreciate any input that can be offered,and plead in the name of mercy for answers,i invite any advice on action ,please. Its maddening and has exasperated my loss to the point of being cruel.
 


not2cleverRed

Obvious Observer
What is the name of your state (only U.S. law)? Connecticut>-Can someone please explain or direct me to a known document that allows me to check if my lawyer is acting outside his responsibilities to his client (me)?I am sick to death with being treated like i have to take what my lawyer decides,at his pace,or just plain ignoring every question he decides he doesn't want to answer,or replying with a vague "i dont understand the question".(so i ask again and say please clarify what you mean by "it will take 'some time' to distribute the funds" )and he simply ignores it.I have sat back as my lawyer has filed responses to the court agreeing to a financial settlementof an amount,to split it 4 ways with the other victims though 2 were never injured,and stating i desire to keep my compensation in escrow ,(after the lawyer takes his third)! i found this response written in the first person with my name as the author i.e."I ,John Smith.." and it states its my informed desire...i never wrote it ,signed it,was never shown it.then wheni ask if i can have my money he dictates the amount as he needs to keep some "just in case" !he tells me they want to offer the minimum with their fees and expenses extracted (they,their = defense) ,i tell him ive never heard anything so absurd and he says "right ,but im not sure if they (defense) can make you pay their fees and expenses,ill let you know when i know".years later guess what amount with the defense lawyers fees and expenses extracted ,im being told to accept as a settlement ,also telling me if we go to trial after we pay for expert testimony it would be the same!im so dusgusted i want to report him to the bar,the better business bureau,and use social media as well as apply my knowledge of advertising and web page design/development/promotion to induce search engines to suggest a web page documenting his concept of representation as the best match for a wide range of queries.Im still waiting for the "check to be cut".this lawyer ,has said while im waiting for calculation i can purchase a headstone (for my son),and charge it to the estate so i dont have to wait for manual calculation,i ask how i do that,no answer.this lawyer has told me that another victim in the car was injured more severely than my son!(this contradicts the whole lawsuit as he filed it ,it states my son lost his life and was the only fatality<my son was the only fatality>).my son was sent home from the er with an undiscovered broken rib,the Lawyer said when i stated his error that it "didnt really matter".
I would really appreciate any input that can be offered,and plead in the name of mercy for answers,i invite any advice on action ,please. Its maddening and has exasperated my loss to the point of being cruel.
You've been through a horrible ordeal - one of every parent's nightmares.

However, your post is very difficult to read. Yes, there are standards in the legal profession. You also have rights to reasonably expect certain things based on whatever agreement you signed when you retained this lawyer. Whether you have the basis for a complaint is in the details.

Again, sorry for your loss. These things take a long time to be resolved.
 

Richard Smith

Junior Member
You've been through a horrible ordeal - one of every parent's nightmares.

However, your post is very difficult to read. Yes, there are standards in the legal profession. You also have rights to reasonably expect certain things based on whatever agreement you signed when you retained this lawyer. Whether you have the basis for a complaint is in the details.

Again, sorry for your loss. These things take a long time to be resolved.


Thankyou for your response,and your empathy.I agree that my post is strewn with grammatical errors.Run on sentences,poor continuity,etc.the emotions that I relive cause me to pause.then after calming ive noticed i have lost track of my place,and because i keep having to just take so many unwanted turns,decisions and failings visited upon this case.(be they purposeful,accidental ) i end up being my own worst representative.

Basically the lawyer acts and files responses without contacting me.when i find them online lets say the response filed in response to the first insurance companys request to split the 80,000 max for an accident offered by the policy four ways with each 4 separately represented passengers in the car.tbe level of injury seemed to be not relative.this acceptance states the legal "I ,My Name Here on this day of etc,etc ...accept the proposed.."
it accepted pooling and dividing the 80,000 4 ways.
released that insurance company .
then it stated that i requested that my compensation be held in escrow till the lawyer had sequentially tried the remaining 2 companies and concluded meeting all stipulations required by insurance companies ,and those of the court.Naturally this response wanted each compensation put in escrow after the lawyer was paid his 1/3 .

I found this document online ,id never seen it,never been asked to sign,never asked if i would agree to it.
when i found it and brought it to my lawyer .He reiterated the terms but saying "the court demands you..."

if i had a question i would ask ,"who can i bring my complaint to ,to get justice? "...is their an oversight committee,must i hire another lawyer and start all this all over again?
Thankyou for your patience and for your response.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Connecticut>-Can someone please explain or direct me to a known document that allows me to check if my lawyer is acting outside his responsibilities to his client (me)?I am sick to death with being treated like i have to take what my lawyer decides,at his pace,or just plain ignoring every question he decides he doesn't want to answer,or replying with a vague "i dont understand the question".(so i ask again and say please clarify what you mean by "it will take 'some time' to distribute the funds" )and he simply ignores it.I have sat back as my lawyer has filed responses to the court agreeing to a financial settlementof an amount,to split it 4 ways with the other victims though 2 were never injured,and stating i desire to keep my compensation in escrow ,(after the lawyer takes his third)! i found this response written in the first person with my name as the author i.e."I ,John Smith.." and it states its my informed desire...i never wrote it ,signed it,was never shown it.then wheni ask if i can have my money he dictates the amount as he needs to keep some "just in case" !he tells me they want to offer the minimum with their fees and expenses extracted (they,their = defense) ,i tell him ive never heard anything so absurd and he says "right ,but im not sure if they (defense) can make you pay their fees and expenses,ill let you know when i know".years later guess what amount with the defense lawyers fees and expenses extracted ,im being told to accept as a settlement ,also telling me if we go to trial after we pay for expert testimony it would be the same!im so dusgusted i want to report him to the bar,the better business bureau,and use social media as well as apply my knowledge of advertising and web page design/development/promotion to induce search engines to suggest a web page documenting his concept of representation as the best match for a wide range of queries.Im still waiting for the "check to be cut".this lawyer ,has said while im waiting for calculation i can purchase a headstone (for my son),and charge it to the estate so i dont have to wait for manual calculation,i ask how i do that,no answer.this lawyer has told me that another victim in the car was injured more severely than my son!(this contradicts the whole lawsuit as he filed it ,it states my son lost his life and was the only fatality<my son was the only fatality>).my son was sent home from the er with an undiscovered broken rib,the Lawyer said when i stated his error that it "didnt really matter".
I would really appreciate any input that can be offered,and plead in the name of mercy for answers,i invite any advice on action ,please. Its maddening and has exasperated my loss to the point of being cruel.
Here is a link to Connecticut's attorney Rules of Professional Conduct: https://www.law.cornell.edu/ethics/ct/code/

Your attorney is correct that a good settlement is often better than a trial where the outcome is unknown. And trials are costly. Facts matter, though, so you might want an attorney independent of the case personally review these facts as a check on your current attorney.

I recommend you avoid all forms of social media as a way to express your displeasure with your attorney. Negative reviews too often stray into defamation territory. You do not want what you write to spawn a lawsuit filed against you. Attorney complaints should be directed to the State Bar.

I am sorry about the loss of your son. I can only imagine the pain you are experiencing.
 
Last edited:

Richard Smith

Junior Member
Here is a link to Connecticut's attorney Rules of Professional Conduct: https://www.law.cornell.edu/ethics/ct/code/

Your attorney is correct that a good settlement is often better than a trial where the outcome is unknown. And trials are costly. Facts matter, though, so you might want an attorney independent of the case personally review these facts as a check on your current attorney.

I recommend you avoid all forms of social media as a way to express your displeasure with your attorney. Negative reviews too often stray into defamation territory. You do not want what you write to spawn a lawsuit filed against you. Attorney complaints should be directed to the State Bar.

I am sorry about the loss of your son. I can only imagine the pain you are experiencing.
First let me thank you for your condolences,and second for your sound advice about social media.Just mentioning it in a post is bad form.I will remember this lesson .(I can safely say that I was expressing my frustration and outrage.however by just going there even hypothetically,it yielded your very sound reality check.hence fourth i will practice caution and restraint.
better to learn here than in the court room.


i hear what your saying about the settlement...a bird in the hand etc. however agreeing to pay the costs of the attorneys and any associated charges that the defense incurred ,i cannot see that as a normal condition.in short i paid for the insurance companies defense .
3 plus years ago while showing potential outcome figures they were 600,000 high end 250,000 low.

out of four separate plaintiffs with seperate representation
2 passengers that walked away with no injuries ,or er visits got 70,000 before attorney fees
the other passenger injured ,and because they were still living were facing a lifetime of 'disabilities' -i mean some pretty unprovable conditions like recuring inability to smell .ptsd..
their attorney was going to trial for more than i was told was possible to get..then that lawyer motioned for something like closed trial..

guess whos attorney advised his client to pay the defenses fees to beat us? guess who because he didnt survive no one cared about ptsd,and his overlooked injuries,and living with disabilities.it was to the defenses advantage or so it seemed that my son didn't survive.
the things i lost ,my son being priceless.to bury him i sold everything of value,which as 3 plus years dragged on led to more loss,inability to start to grieve or heal just stuck in this nightmare and every trial related event,depositions kept the wound nice and fresh.im still waiting for resolution but my attorney just doesnt feel he needs to tell me any date that the manual calculation might end.the last response was it will be done by 8/16 but "it will take some time to distribute the money"! he gets a third i get the rest ,whats so difficult?
oh and guess whos attorney advised to accept an amount less than half of what the living uninjured passengers received.!
when i saw all this it was a slap in the face.
its unjust,insulting,cruel and unusual to put anyone through what ive been through.worse everyone acts like its normal or ok (i dont mean you please dont misunderstand me,im grateful for your response and compassion)
 

quincy

Senior Member
First let me thank you for your condolences,and second for your sound advice about social media.Just mentioning it in a post is bad form.I will remember this lesson .(I can safely say that I was expressing my frustration and outrage.however by just going there even hypothetically,it yielded your very sound reality check.hence fourth i will practice caution and restraint.
better to learn here than in the court room.


i hear what your saying about the settlement...a bird in the hand etc. however agreeing to pay the costs of the attorneys and any associated charges that the defense incurred ,i cannot see that as a normal condition.in short i paid for the insurance companies defense .
3 plus years ago while showing potential outcome figures they were 600,000 high end 250,000 low.

out of four separate plaintiffs with seperate representation
2 passengers that walked away with no injuries ,or er visits got 70,000 before attorney fees
the other passenger injured ,and because they were still living were facing a lifetime of 'disabilities' -i mean some pretty unprovable conditions like recuring inability to smell .ptsd..
their attorney was going to trial for more than i was told was possible to get..then that lawyer motioned for something like closed trial..

guess whos attorney advised his client to pay the defenses fees to beat us? guess who because he didnt survive no one cared about ptsd,and his overlooked injuries,and living with disabilities.it was to the defenses advantage or so it seemed that my son didn't survive.
the things i lost ,my son being priceless.to bury him i sold everything of value,which as 3 plus years dragged on led to more loss,inability to start to grieve or heal just stuck in this nightmare and every trial related event,depositions kept the wound nice and fresh.im still waiting for resolution but my attorney just doesnt feel he needs to tell me any date that the manual calculation might end.the last response was it will be done by 8/16 but "it will take some time to distribute the money"! he gets a third i get the rest ,whats so difficult?
oh and guess whos attorney advised to accept an amount less than half of what the living uninjured passengers received.!
when i saw all this it was a slap in the face.
its unjust,insulting,cruel and unusual to put anyone through what ive been through.worse everyone acts like its normal or ok (i dont mean you please dont misunderstand me,im grateful for your response and compassion)
I hesitate to second guess the advice or actions of an attorney who has worked with you, and worked with the facts of your case, for an extended period of time. I lean toward trusting that the majority of attorneys are sincerely considering the best interests of their clients in all that they do. I think your attorney is probably considering your best interests now.

I caution you against comparing one case to another, as no two cases present with the same facts. A lifetime disability LEGALLY could be worth more in dollars than a death. This can be true when every single emotion says that this makes no sense.

You hired your attorney and have the right to demand explanations of anything you do not understand. You have the right to refuse to settle for anything less than you think is fair. You have the right to take your case to trial to have a jury decide damages. The attorney works for you.

But, again, your attorney probably has (or should have) your best interests in mind so I would not discount his advice. If he is an experienced lawyer, he knows what he is doing.

You can have another attorney in your area personally review what your attorney has and has not done in his representation, to perhaps see if anything is standing out as questionable. This might help you.

Good luck.
 
Last edited:

ALawyer

Senior Member
Quincy's observations were right on point.

The tragedy that you experienced is almost unthinkable, and the entire matter is still raw. There is no sum of money that can replace a child, yet money is all that the law can provide.

In nearly every case there is a finite limit to the amount of money that is available to pay damages -- the insurance coverage the at fault party carried, and in the case of an auto accident, possibly the uninsured/underinsured coverage that was built into the auto policy you or your son carried on your own car, as only in reasonably rare cases with one or more very wealthy defendants is getting more from the defendant's or defendants' personal assets a truly viable option. Not only can one not get money from a stone, but getting hold of a defendant's personal property or real estate beyond the insurance is often impossible as transfers of assets, homestead and similar exemptions in some states, the defendant's ability to discharge debts through bankruptcy, placing assets into non-attachable property (such as 401(k) assets), makes it possible to frustrate collection efforts even if you were to recover a large judgment.

Where, as in your situation, several people were harmed it would take the wisdom of King Solomon to divide up the inadequate amount of money that is available and determine how much should go to each. Perfection is impossible in such circumstances, and unfortunately even if King Solomon were available to make the division, each of those injured or grieving might still feel shortchanged. My deepest condolences.
 

quincy

Senior Member
... In nearly every case there is a finite limit to the amount of money that is available to pay damages -- the insurance coverage the at fault party carried, and in the case of an auto accident, possibly the uninsured/underinsured coverage that was built into the auto policy you or your son carried on your own car, as only in reasonably rare cases with one or more very wealthy defendants is getting more from the defendant's or defendants' personal assets a truly viable option. Not only can one not get money from a stone, but getting hold of a defendant's personal property or real estate beyond the insurance is often impossible as transfers of assets, homestead and similar exemptions in some states, the defendant's ability to discharge debts through bankruptcy, placing assets into non-attachable property (such as 401(k) assets), makes it possible to frustrate collection efforts even if you were to recover a large judgment. ... .
What I have quoted and bolded above of ALawyer's post is often hard for any family to accept when an accident has resulted in the death of a loved one.

The damages awarded in an accident case where a life was lost only reflect the amount of money that is available. It is in no way a reflection on the value of the person's life. It is often hard emotionally for a family to separate the two.

Again, I am sorry for the loss of your son.
 

Sponsored Ad

Top