Is lawyers' failure to appear ethical?

[bj21]

What is the name of your state? NY

A while ago I was arrested and icarcerated overnight because my employer made false statements in a Police Report.

I retained an attorney ($750), paid the retainer, and supplied him with the evidence that
the statements my employer made were false.

At the very first court appearance after the arraignment, the ADA asked the judge to dismiss the case in the interest of justice. The judge granted the request and the charges were dismissed.

A few months afterward, I asked this attorney if filing a case in Small Claims Court (for legal fees and intentional infliction of emotional distress) had any merit and he said "sure, but when you file the Small Claims case, be sure you get and evening hearing so I can represent you."

I said "great", and although there was no mention of money, I expected to pay him.

I filed the case the same day, immediately notified the attorney of the court date and time (approx. 6 weeks from date of filing).

In the interim I sent a letter to this lawyer asing how to get some of the records from the Holding Center that I thought I'd need for trial and he didn't respond to my letter, so I called him and he told me I wouldn't need the records in question, that I could just testify.

I thought everything was all set but I had misplaced the receipt the lawyer had given me for the original $750 I paid him and was trying to recoup from my former employer, so the morning of my Small Claims court case I went to his office to get a copy of it.

When the lawyer gave me the receipt that morning he said "you know, I'm not going to be able to make it tonight... had it been last week or next week I could have made it but I can't make it tonight".

When I asked him why, all he would say is "your employer probably won't show up anyway, I can't make it tonight."

I'd appreciate your thoughts on my attorney's behavior.

Thanks!

 

[BL]

Well , what happened in court .

What is the lawyers accounting of your money you paid him ?

I've been in small claims court where the other party's lawyer was suppose to show up .

The Judge told that party , I'm not going to sit around here waiting for some lawyer to show up , let's get on with it .

 

[bj21]

First of all, thanks for taking the time to reply.

The $750 I paid the lawyer was to handle the criminal part of the case. When the case was dismissed, the lawyer never gave me an accounting, he just kept the whole $750.

I never even thought of asking for an accounting. I just figured that he would keep the whole thing since he already had it and he did.

In regards to the Small Claims Court case he didn't show up for, my former employer showed up with an attorney and after I gave the hearing officer my side of the case, opposing counsel stood up and said "your honor, even if my client DID make false statements in the Police Report, and I'm not saying he did, the Police Officer still had the discretion on whether or not to arrest the plaintiff." (And then cited some Long Island Railroad Case to back him up).

The hearing officer reserved decision and later I received a ruling from the court for the defendant, and stating I had no cause.