Filing formal complaint against attorney

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sebastian0622
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Joined: Fri Feb 26, 2010 10:30 pm

Re: Filing formal complaint against attorney

Postby sebastian0622 » Wed Dec 28, 2011 5:15 pm

Anonymous User wrote: Will filing a valid complaing against an attorney admitted by the Bar possibly come back to bite me in the ass later on


You're begging the question here. If the complaint is "valid," maybe not. But you can't assume it's valid going in. What if the complaint is eventually determined to be unfounded? Just because you have a complaint that you THINK is valid doesn't mean that it actually is. We've only heard one side of this story, and even that one side sounds kind of petty, to be honest.

Maybe the dude thought he signed and sent something and didn't? Maybe his secretary was supposed to mail it and forgot before she went on vacation? If the biggest things you have on this guy are that he said he did something that he didn't, and that a client said that the lawyer didn't do something, then...well, I'm not going to assess the validity of the complaint. I'm not going there. I'm just saying that you shouldn't just assume that you have a legitimate complaint, and you have to consider the possible consequences to you of being a guy who levies a petty and unfounded complaint against a guy who is respected. Not saying that's the case, but if things play out that way, well...you just have to be aware of the risks.

c3pO4
Posts: 835
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Re: Filing formal complaint against attorney

Postby c3pO4 » Wed Dec 28, 2011 5:19 pm

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.

Anonymous User
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Re: Filing formal complaint against attorney

Postby Anonymous User » Wed Dec 28, 2011 5:27 pm

sebastian0622 wrote:
Anonymous User wrote: Will filing a valid complaing against an attorney admitted by the Bar possibly come back to bite me in the ass later on


You're begging the question here. If the complaint is "valid," maybe not. But you can't assume it's valid going in. What if the complaint is eventually determined to be unfounded? Just because you have a complaint that you THINK is valid doesn't mean that it actually is. We've only heard one side of this story, and even that one side sounds kind of petty, to be honest.

Maybe the dude thought he signed and sent something and didn't? Maybe his secretary was supposed to mail it and forgot before she went on vacation? If the biggest things you have on this guy are that he said he did something that he didn't, and that a client said that the lawyer didn't do something, then...well, I'm not going to assess the validity of the complaint. I'm not going there. I'm just saying that you shouldn't just assume that you have a legitimate complaint, and you have to consider the possible consequences to you of being a guy who levies a petty and unfounded complaint against a guy who is respected. Not saying that's the case, but if things play out that way, well...you just have to be aware of the risks.


Even if the bolded were true, it wouldn't really matter. If an attorney represents that he did something in writing, and he didn't do it, even if intentionally, and that act has a negative impact on his client (which this did), then he is, at the very least, culpable for his negligence. At the worst, he is purposely making false statements. As for as the client lying about not being presented an offer, I guess that could be true. However, the offer I made was for more than the intial amount requested by the client prior to him getting an attorney to represent him, so I find it hard to believe the client wouldn't accept the offer immediately upon presentation. My offer will pay the client more money that originally requested in addition to attorney fees. So, do I believe the attorey did not actually present the offer: Yes.

And, for the record, I did just hear back from the Bar, he has never been sanctioned, but he has been "admonished" twice for improper conduct.

Anonymous User
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Re: Filing formal complaint against attorney

Postby Anonymous User » Wed Dec 28, 2011 5:35 pm

c3pO4 wrote:
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.

c3pO4
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Re: Filing formal complaint against attorney

Postby c3pO4 » Wed Dec 28, 2011 5:38 pm

Anonymous User wrote:

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.


You really have no idea what you're talking about. Sorry, your attempts to explain the law and "violations" are just hilarious. Consult a lawyer if you really want advice.

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YourCaptain
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Re: Filing formal complaint against attorney

Postby YourCaptain » Wed Dec 28, 2011 5:56 pm

Just do squats bro

sebastian0622
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Re: Filing formal complaint against attorney

Postby sebastian0622 » Wed Dec 28, 2011 5:59 pm

c3pO4 wrote:
Anonymous User wrote:

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.


You really have no idea what you're talking about. Sorry, your attempts to explain the law and "violations" are just hilarious. Consult a lawyer if you really want advice.


"

Your knowledge of the law is, frankly, horrible. Just a few posts ago you were talking about how a lawyer is at least "liable" for "negligence" (a tort, which would have to be raised by the harmed party) as if that had anything to do with you initiating a disciplinary action against him.

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eandy
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Re: Filing formal complaint against attorney

Postby eandy » Wed Dec 28, 2011 6:03 pm

OP, I don't know what the rules are in your state, but most likely the only thing the attorney could really get in trouble for is failure to notify the client of a settlement offer. In the hypothetical you presented, there were a lot of negative things but not much that would result in real discipline.
You don't know enough facts about the settlement. Don't get involved.
Read the rules of conduct for your state, including the notes. Don't get too excited. First, attorney doesn't have that many duties re: you and most things are minor infractions with things like reprimand for punishment. Leave it alone.
I wish I had time to go through your hypo with the model rules to show you how dumb your complaint would look. I don't.

c3pO4
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Re: Filing formal complaint against attorney

Postby c3pO4 » Wed Dec 28, 2011 6:04 pm

ITT some 0L writes "legally" in all caps to emphasize his layperson's opinion.

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Geetar Man
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Re: Filing formal complaint against attorney

Postby Geetar Man » Wed Dec 28, 2011 6:05 pm

Anonymous User wrote:I routinely deal with attorney's on a daily basis due to my job. I have come across an attorney who clearly needs to be sanctioned by the state Bar. My question is this: If I file formal paperwork to have this attorney investigated, my name will be linked with the investigation. Is there any chance this will negatively affect me later on when it comes time to look for employment with a firm? I am a 0L and will be attending a T-6 in the fall of 2012.





Anonymous User wrote: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.



Well, your initial post basically implies that you have not yet filed the complaint and you were asking if you could see negative consequences by doing so. The people of TLS have told you that its possible that you will face a negative consequence in the future, and by filing the complaint, you have to understand all possiblities that are entailed in doing so.

Everyone posting here was doing so to help you make the right decision. Since you hadn't filed the complaint yet, we wanted to understand what your reasons were for doing so and assess if what you are doing will have negative consequences or is even a good decision to do so in the first place; this is something that will most likely always happen when asking for advice on TLS.

To answer your question, it's actually up in the air. This guy might know people and it could be your worst nightmare filing a claim against him. But maybe not. Since you've already decided to file the complaint, you'll just have to wait and see.

Anonymous User
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Re: Filing formal complaint against attorney

Postby Anonymous User » Wed Dec 28, 2011 6:09 pm

c3pO4 wrote:
Anonymous User wrote:

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.


You really have no idea what you're talking about. Sorry, your attempts to explain the law and "violations" are just hilarious. Consult a lawyer if you really want advice.


Well, since you clearly know everything about CPA's, my specific job, the industry I work in, and know exactly which jurisdiction I work in, you have a better grasp on this situation than I do. Are you even a practicing attorney, or are you still in school? If you are still in school, why don't you go ask one of your professors about this scenario: Attorney is obligated to present offer within 48 hours of receipt. Attorney does not present offer. Is there a violation? If your professor says no, well, then I guess I'm wrong. Until then, I'd caution you not to assume you know exactly what you are talking about with regard to this situation. I'm not a lawyer and I'm not going to pretend I know everything about being a lawyer. However, I can state with certainty that I know what an attorney must do with regard to my area of expertise. Just because you may know more about the law than I do does not make you unequivocally right and me unequivocally wrong. I'm not a dentist, but that doesn't mean that I can't identify tooth # 4 accurately.

CanadianWolf
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Re: Filing formal complaint against attorney

Postby CanadianWolf » Wed Dec 28, 2011 6:11 pm

If the attorney has been admonished twice for improper conduct, then a clear & concise complaint filed by your company should not come back to haunt you after law school. Be careful in drafting the complaint. Stick to the facts.

P.S. Offering more in settlement than originally demanded by "the client" prior to obtaining an attorney seems self-defeating in the respect that his attorney has gotten positive results for his client. You may not like the lawyer's methods, but clearly they have been effective. Again, the client may be not telling you the whole story--maybe he rejected the offer & now regrets that decision after the deadline has passed).

sebastian0622
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Re: Filing formal complaint against attorney

Postby sebastian0622 » Wed Dec 28, 2011 6:17 pm

I can LEGALLY identify tooth #4. Therefore, you must DISBAR THIS MAN! If that fails, I think you could go with the Chewbacca defense:

Image

Listen man, you came on here, anonymously, and asked for others' opinions. They gave it to you. You responded by lashing out and started using legal terms incorrectly. When people rightfully told you that you have a poor grasp of the law, you threw a tantrum about how YOU KNOW ACCOUNTING and whatnot. You're all over the place. I don't know what you intended to accomplish in this thread, but if the idea was to ask for advice, get it, then act like a petulant child calling his mother names in a Wal-Mart aisle because she refused to buy him a toy, well, congrats!

My main piece of advice has been and continues to be: try to get an accurate assessment of the validity of your complaint, and be willing to suffer the consequences if reviewing officials find this to be a petty personal squabble accompanied by, at best, very minor lapses of duty. Since you don't care for anyone's opinion here, and since you obviously couldn't find your ass with two hands in a legal argument, perhaps you should get a lawyer.

MrAnon
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Re: Filing formal complaint against attorney

Postby MrAnon » Wed Dec 28, 2011 6:39 pm

You should call the police, not the disciplinary committtee. Everyone knows this.

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vamedic03
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Re: Filing formal complaint against attorney

Postby vamedic03 » Wed Dec 28, 2011 8:55 pm

OP is out of line here:

(1) Wrong forum: OP is a 0L

(2) Inappropriate topic - OP is seeking legal advice

(3) Abuse of anonymous feature by OP to be a jerk to other posters

OP - as a side note, unless you have taken a class on Agency & Partnership as well as Professional Responsibility, it is very unclear as to how you are able to opine on the legal relationship between an agent and a principle. Unless you know the agency relationship between this specific attorney and client, you are likely unable to opine on the duties owed. Just like a healthcare license does not allow one to opine on legal matters, your CPA licensure does not allow you to opine on legal matters.

ETA - If you feel that you may have professional or mandated reporting requirements as a licensed CPA, you should seek legal advice.

c3pO4
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Re: Filing formal complaint against attorney

Postby c3pO4 » Wed Dec 28, 2011 9:17 pm

vamedic03 wrote:OP is way out of line here:


ftfy

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vanwinkle
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Re: Filing formal complaint against attorney

Postby vanwinkle » Wed Dec 28, 2011 9:31 pm

0L, GTFO. If you want legal advice, hire a lawyer.




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