Disagreement w/ Lawyer

[ivanl3]

Great News

I received a letter today from the insurance company that is paying the settlement on this case. It was dated last Thursday and indicated that a check for the full settlement amount was cut and mailed to my lawyers office. After reading the letter, I called my lawyers office to see if they got the check and learned that MY LAWYER WAS NO LONGER WITH THE FIRM. I spoke w/ the Sr. partner (who confirmed they got the check and my share would be mailed after the check is in their account for 5 business days). She would not explicitely state that my lawyer was let go b/c of the unethical behavior exhibited in my case (nor the amount of money he cost the firm), but she did state that 'recent events made it clear that separation was in the best interest of the firm, as well as attorney XXXXX (my lawyer)'. Sure sounds like he got his a$$ fired over this**************.NICE

 

[las365]

Hi Ivan, that is an interesting development. I don't think I ever got what it was the lawyer did that was improper, but two things stand out: you are a better negotiator than he; and you are not the only one he pissed off.

When I said the outcome of your case was successful in an earlier post, I didn't mean it was a happy ending, only that a significant financial recovery was obtained. That is not an easy thing in medical malpactice cases, no matter what a lot of people think.

I wish you and your wife the best, and I'm sorry for your loss of your son. It was nice of y'all to decide to make a generous charitable donation.

 

[ivanl3]

Hi Ivan, that is an interesting development. I don't think I ever got what it was the lawyer did that was improper, but two things stand out: you are a better negotiator than he; and you are not the only one he pissed off.
.

What he did that was improper was lie to his client (my wife and me). He lied by stating in writing multiple times that he (not just me, but he) would be willing to take the case to trial if I was not satisfied with the offer made in mediation. When this occurred he (eventually) confessed in writing that these statements were lies and that he would not take the case to trial under any circumstances. This was unethical on two fronts: 1.) His original statements were blantant lies. 2.) The lie was revealed so late in the process it made it impratical for me to get another lawyer, at least not one on contingency given that my lawyer would still get a share of any proceeds and that it was only a couple months before the trial date.

I will never know for sure if this got the guy fired, but I have to believe it at least contributed to his separation from the firm. I like to believe his ethics were the underlying motivation, not just the firms loss of revenue.

I am know fully satisfied w/ the situation w/ the lawyer. I just now need to wait for the press to run a story on the case so the doctor gets his due as well. That is still a few weeks away. As long as that comes off as expected, I will be very satisfed w/ the outcome of this case.

 

[Tallrat]

Pays to be "Foolish" eh ivanl3 Congrats with the win and also on the donations. My mother passed from cancer and father had major heart surgery last year. If the details get printed on the net, Give us a link!

 

[ivanl3]

Odd Letter Received

After returning from a business trip this week, I was shocked to find a letter in my mail box from my original lawyer. I found the letter to be odd in several ways. Below are some of the highlights and peculiarities:

1.) The letter was handwritten in pencil. I haven't seen a document/letter in such a format since grammar school.
2.) The purpose of the letter was to apologize for his behavior, congratulate us for the settlement, and applaud us for the donations (apparently he saw a local news story on the donations my wife and I made). The letter also went on to state that his old firm had no role in his abhorrent actions so I should not hold it against them.
3.) He confirmed that the primary reason for his departure from the firm was b/c of our case.
4.) The letter then began to ramble about how this whole experience has brought him closer to Jesus Christ and that he encourages us to seek him out for our salvation. He states that he prays for our son’s soul.
5.) The letter concludes w/ the statement “While I am hopeful you are merciful on me, I understand and accept any actions you choose to take.”.

Questions: Anyone care to take a guess at what he might have meant in #5? My first reaction to this whole letter was that his old firm required him to write it as some sort of severance agreement. His admission that the firm had no knowledge of his action might protect them in some way. In return maybe he received some sort of severance package. Of course this is all conjecture on my part. I have never heard of something like this occurring so I thought I would throw it out to you “legal eagles” as to what legal motivation might be behind all of this. Then again, epiphanies often precipitate strange behavior……My real opinion, however, is that this guy is going off the deep end…..Thoughts?

 

[You Are Guilty]

In pencil?! Wow.

I concur with your assessment. But rather than tell him to screw off, its probably best to not respond in any way because if he's actually become some sort of weird religious nut, who knows what form his next action will take. (for example, maybe he'll want to "reunite" you with Jesus... via a shotgun).

 

[BL]

In pencil?! Wow.

I concur with your assessment. But rather than tell him to screw off, its probably best to not respond in any way because if he's actually become some sort of weird religious nut, who knows what form his next action will take. (for example, maybe he'll want to "reunite" you with Jesus... via a shotgun).

A dozzy of a reply !!

Hope all is going well for you YAG .

 

[lizjimbo]

My Lawyer, He wrote me a letter!!

He said it is time to let it go.

 

[las365]

Anyone care to take a guess at what he might have meant in #5?

I suppose he means that he will understand if you file a grievance or sue him.

My first reaction to this whole letter was that his old firm required him to write it as some sort of severance agreement. His admission that the firm had no knowledge of his action might protect them in some way. In return maybe he received some sort of severance package.

I can see why you would think that, but:
1. If the firm made him send a letter to you, you can bet it would not have been in pencil, nor would it have contained encouragement that you seek Jesus for your salvation. That I guarantee.

2. As a practical matter, his bosses' ignorance of his actions doesn't exclude them from liability. His acceptance of responsibility is fine, but it doesn;t make a difference for them, legally speaking.

Then again, epiphanies often precipitate strange behavior……My real opinion, however, is that this guy is going off the deep end…..Thoughts?

I concur. I do hope that his "confession," strange though it is, brings some sense of resolution to you.

Thanks for coming back to update the thread. This is indeed one of the odder things I have ever heard about in the realm of attorney behavior.

 

[ivanl3]

Agreed

I don't intned to do anything with the letter or with his old firm. I am putting this behind me other than to forward all correspondence, including the last letter, to my "regular" attorney (the one who handles our will, real estate transcations, etc.) just to keep it on file should this nut try anything like YAG warned of.....

 

[mmmagique]

OP,

I just wanted to say that I am glad things turned out well for you. For some reason I couldn't post when I first joined, but I totally agreed with you throughout your entire ordeal.

I wish you never had to go through it...but...I'm glad you got *some* satisfaction.

~Christina

p.s. Agreed. iggy the strange letter. (but keep it...just in case)

 

[ivanl3]

Tragic End

An obituary was forwarded to me recently. My original lawyer has passed away. No cause of death was detailed. He was 42.

He showed no signs of (physical) ailment when I dealt with him. We can all speculate.

 

[BL]

An obituary was forwarded to me recently. My original lawyer has passed away. No cause of death was detailed. He was 42.

He showed no signs of (physical) ailment when I dealt with him. We can all speculate.

Gee look what flower popped up out of the ground !!