Anonymous User wrote:OP here. I may have not made this more clear, and if that is the case, I apologize. I am going to file the paperwork, I don't have a choice, nor do I mind. The reluctance of the attorney to do his job leaves us (my company) liable for excess damages as we have not made payment within the period required by law from the time we agree to make payment. Albeit, if we were ever sued for failure to pay, we'd easily be able to justify why there has been a delay. I have been asked "politely" to file the paperwork with the state Bar by the person that oversees my department.
My question is simply this, and if there is no good answer to be found here, that is fine: Will filing a valid complaing against an attorney admitted by the Bar possibly come back to bite me in the ass later on. It is not as if I am doing this all willy-nilly... I don't want to have to submit a complaint against anyone, but the attorney's actions are egregious and derelict, and they have the ability to cost us additional money in defending a bad faith claim. My employer wouldn't ask me, and I wouldn't comply if they did, to file a complaint against an attorney that is just being a jackass for shits and giggles, just like I wouldn't expect someone to file a complaint against me for tell them to F-off.
And, for the record, the only thing the attorney did do right in this whole thing was advise his client (or, me indirectly) of the small stature of my schmeckel. I'm hung like Ken Jeong.
You are fucked. When you apply for character and fitness this is one of the things that fits under "have you ever been involved in any way with any disciplinary proceedings." If you don't disclose, they'll probably find out and you won't pass the bar due to lying. If you do disclose, you will have to go through the entire investigation and be viewed highly suspect. This is why it's not advisable to initiate litigation before you pass the bar. It makes you look like a quack if the complaint is not valid and even if it is you seem like a tard.
As an 0L, you really don't understand AT ALL what the "obligations of an attorney" are and are demonstrating it in this thread. Lawyers themselves have extremely high thresholds for filing such complaints, you are just an angry accountant (typical). Better stay in your current job and not go to law school, because people like you don't do well in attorney interviews. You seriously came on here and already had your mind made up? What's the goddamn point of asking then if you don't listen.
You seem really high strung. Sucks to be you. Maybe the issue you are having isn't with me, but your reading comprehension skills. I never once asked if I should file a complaint (if you read the OP, it seems pretty clear that I already had my mind made up to do so). The whole point of this post was to find out what the possible repercussions could be on future hiring, not for opinions on whether the course of action that has been chosen was good/bad/ugly.
Sure, I'm a 0L, but I also know the laws that govern the transactions that I work with. If I present an attorney an offer, he LEGALLY has 48 hours from the time he receives the offer (not reads the offer, reviews the offer with a colleague, etc...) to present the offer to his client. If that is not done, it is a violation. It's pretty black and white. Sure, that violation, in and of itself, isn't enough (in my opinion) to file a complaint, but it would be a valid complaint none the less. I also KNOW that if an attorney puts something in writing and signs it and the information he attests to is incorrect, that is also an issue and it doesn't matter why the information is incorrect. If I certify a financial statement as good to go, and I honestly believe that to be the case, and it comes up that I forgot to do one thing, or used faulty information to come to the conclusion I did, it doesn't matter. I've still attested to something that isn't true and I'm liable for that. Ever heard of personal responsibility?
So, sure, I don't know about most of the stuff that is taught in law school, but I know the laws that apply to my field and I know what an attorney MUST do with regard to my field. You may not agree with the laws, or like them, but that doesn't mean you can just disregard them in favor of your own personal rules.