Lawyer turns on me.

[DataCom]

State NY

I have something very strange going on and would appreciate a few Professional opinions on this.
Originally this was a slip and fall case. The accident happened in 2003.
I had a fractured elbow and injured my shoulder. A lawyer originally took this on contingency and my purpose was for covering the medical bills and pain and suffering as the shoulder bothers me 24/7. The lawyer didn't do much with the case and eventually the insurance company of the Business where the accident took place offered $1500.00 which wouldn't even cover the co pays. A friend recommended a different attorney. I met with the attorney, explained everything to him and he said he would take it on contingency and said I had to fire the first attorney, so I did. The 2nd attorney hasn't done much, I went to one deposition and the defendant's attorney didn't show up. My attorney said the defendant's attorney had called him that morning and said they didn't need to bother with a deposition. This took place after I had left for his office. I remember doing some research and read that if a deposition was going to be canceled/postponed it had to be done by midnight the day before not the same day. If it was done the same day they risk loosing the right to the deposition.
I received a letter about 1 or 2 months later and my attorney is stating another deposition date was set. I went to his office an hour before the deposition and noticed the defendant's lawyer already in the conference room and set to go. In the hour speaking to my attorney he starts giving me signs he isn't confident and actually asks me if the accident acually happenned. He has all the evidence in front of him. I was not only surprised by his question but felt rather mad that he was asking me that question.
At this point I am starting to feel he isn't going to be representing me very well. When he took the case he recommended I see a different doctor and he recommended who to see. In the hour before the deposition he is telling me if I am asked who recommended that doctor I can't say he did. Now I feel that if I am asked that question he is telling me to lie and I was not going to do that. So I asked him Point Blank are saying you want me to lie, he doesn't respond, so I said to him I am not going to lie. One of the things I noticed before the deposition was that his time line of events was wrong and I stated that to him. That didn't seem to phase him.
We start the deposition, he is busy getting water or soda for everyone, I am sitting at the end of the conference table across from the defendant's attorney. The court reporter is also at the end of the table. The defendant's attorney from another city is talking to the court reporter and says how she likes to make the lawyers squirm in that area. That may not be exactly word for word what she said but that is very close and is what she meant. Both the court reporter and her laugh about it. My attorney didn't hear her remarks as he was busy getting them something to drink. At that point I was not impressed that my attorney appeared more concerned with waiting on them by getting them something to drink than representing me. From the research I did to prepare for the deposition I remembered breaks were allowed. The defendant's attorney starts with questions non related to the case and then makes comments regarding my answers making jokes of my answers. My attorney doesn't say anything.
Within 10 minutes of the deposition I am starting to feel I am going to get torn apart and he is just going to sit there. I remember reading how depositions can be abused and I felt the deposition process was being abused and it was very apparent I had no Council to counter balance the process so I requested a break. I went to his office, he shows up 5 minutes later, tells me I am not being a good witness, remarks on how good the defendant is. Then says if I want to drop the case he won't charge me anything and also states that he doesn't want to represent me. I should state the defendant is a wealthy Business Man and probably has allot of influence. Needless to say I was confused as to why this would get dropped on me on the day of deposition. If my attorney had any concerns or questions I would have expected him to ask me long before the day of deposition. I do remember him mentioning that there were other health issues but they are not related and they were explained to him before he took the case and I asked if it could/would be used against me. His response was no.
He called me last week to see If I had found another attorney or decided to drop the case as he has already filed the suit and said he was going to file a motion to withdraw from the case and apply his fee's to the case of which were around $800.00. I received papers delivered by a Police officer the other day about the motion and it appears he is requesting the court to grant an order allowing the relief of the plaintiffs Council and directing the Plaintiff to pay all disbursements incurred to date within 30 days of court decision and for such other further and different relief as the court seems proper.

Any suggestions on what is the best way to handle this would be appreciated.

I also believe there are some ethical questions here.


DataCom

 

[You Are Guilty]

You're going to need to find another lawyer, and soon, or else you'll be forced to proceed pro se (or face having your complaint dismissed). If either of the prior attorneys have legitimately expended funds in prosecuting your case, they are entitled by law to be paid, and will have a lien on any recovery/settlement you may end up with. If you think the amount is inflated, send them a certified letter asking them for an accounting on how they reached the figures they did.

As far as your ethical concerns, the people to take that up with are here: http://www.courts.state.ny.us/ip/attorneygrievance/complaints_attorney.shtml

 

[DataCom]

Yes I understand what you have said and I understand "legitimately expended funds in prosecuting your case, they are entitled by law to be paid, and will have a lien on any recovery/settlement you may end up with."

I also feel my credibility has been damaged because of the actions of the 2nd lawyer.

The 2nd lawyer appears to be requesting the court to make me pay him directly as apposed to a lien on any recovery/settlement I may end up with.

I might understand this if I dropped the case but that isn't what happenned he is walking away from the case.

I question if that is legal.


Thanks for the link, as I am going to file a complaint so hopefully it will be investigated.

 

[You Are Guilty]

Yes I understand what you have said and I understand "legitimately expended funds in prosecuting your case, they are entitled by law to be paid, and will have a lien on any recovery/settlement you may end up with."

I also feel my credibility has been damaged because of the actions of the 2nd lawyer.

The 2nd lawyer appears to be requesting the court to make me pay him directly as apposed to a lien on any recovery/settlement I may end up with.

I might understand this if I dropped the case but that isn't what happenned we is walking away from the case.

I question if that is legal.


Thanks for the link, as I am going to file a complaint so hopefully it will be investigated.

Sounds like your best bet is with the grievance committee. They take this sort of thing very seriously, so don't be surprised if lawyer #2 had a uh, "change of heart" after they speak with him.

Good luck.

 

[DataCom]

Thanks "You Are Guilty"


I will call the grievance committee tommorrow morning as the date of the Motion is set for the 19th. I hope they can look into this quickly as I might end up with something against me on the 19th.

I know the court papers for the suit have been filed but I don't know where to go from here.

I don't know if a court date has been set yet.
A full deposition hasn't been done either.

DataCom

 

[DataCom]

I called the Attorney Grievance Committee and they said it sounds like a fee dispute and gave me the number for them. They didn't seem concerned with any part of what happenned nor any ethical issue's, and actually told me that it is the lawyers option to do what he want's to do.

So much for the Attorney Grievance Committee.

I will have to look for the contingency agreement paper providing I was sent a copy as I signed it when he was at my home.

Looks like ethic's & Justice aren't important anymore.
It must depend on what a persons clout is, or how smart or rich they are.
It appears Justice or injustice are purchasable items like Commodities.
However I am not stupid, and I'm not currently a millionaire who own's a large Business.
I do know when my Business brings me to millionaire status. Money won't override my principals and I will continue to be a fair and honest person.

As far as New York is concerned disregarding my complaint, my wife and I were going to purchase a home in NY.
We will now be purchasing a home in PA and the employees I will be hiring in the future will live in PA not NY.

Lesson Learned

DataCom

 

[You Are Guilty]

So you're holding the entire state responsible for one person's actions? That makes perfect sense. I'll tell you though, I wouldn't move my shop to PA - that state is chock full of nutjobs who molest and murder innocent Amish schoolgirls. Creepy.

And having seen the Grievance Committee in action (they have no problem recommending someone be disbarred for violations, unlike other states'), if they say there's no ethical violation, I'd say there's probably a reason for their conclusion.

One last point which I forgot to add earlier - if you can't find another lawyer in time for your next hearing, you can certainly advise the court of your efforts to do so and request a brief adjournment to permit more looking. Judges are generally very willing to accomodate such requests, particularly if the time asked for isn't lengthy.

 

[DataCom]

I am holding the state accountable for the Grievance Committees lack of action and interest.
I wouldn't hold the state accountable based on a lawyers actions.

I can say that when I talked to the guy(don't know his title) at the Grievance Committee he came across the same as if someone had just woke up, expressed NO interest, asked NO questions, and not everything was explained including ethical issues. He zeroed in on the fee the lawyer is after and nothing else. He gave me the impression/feeling that wasn't a place to file/express a Grievance towards a lawyer. I used the URL you posted and found the phone number of the location that is listed for my area. Because there are more than one office maybe not all offices treat complaints the same way.

What happened in PA is a tragedy. NY probably has more nutjobs than PA but with less publicity. Look at what happened this summer, the escaped convict ran around NY for
a few months eluding the law, then crossed into PA and the State Troopers of PA were waiting for him.

As far as the case is concerned I feel my creditability has been seriously damaged by the lawyers actions and I haven't decided if I am going to proceed.

If I do proceed I would be at Lawyer #3 in this case. (that doesn't look very good)

Thank You for Your advice should I decide to proceed.

DataCom

 

[You Are Guilty]

Changing lawyers is a non-factor and utterly inadmissible when it comes to trial. So don't let that deter you from pursuing your claim (if you otherwise want to). As far as your perceived damaged credibility, you're probably making a mountain out of a molehill - your lawyer's actions are not yours. You can be, and only are, held accountable for the testimony you give. Your lawyer can't testify. And frankly, even if you did end up with a shyster, odds are the defense attorneys were already familiar with him from prior cases and could be looking at you more favorably now that you got rid of him.

As far as specific tactics are concerned, it's near impossible to determine their "appropriateness" via the internet, but suffice it to say that there are often valid reasons why lawyers do and say certain things at certain times which could easily appear to be improper or useless to a layperson. So unless you have an expert in litigation who is willing to say that Lawyer 1 or 2 did something improper or unethical, your personal beliefs on the issue aren't going to hold any weight in court. It would be akin to you telling your cardiologist that he is misinterpreting your EKG results - you just don't have the proper background to make that call.

With reespect to the Grievance folks, I don't know who you spoke to, but it seems like calling on a different day, or even to a different office might be in order. The whole point of that office is to "care" about people's complaints, so for them to brush yours off makes no sense.

 

[DataCom]

Changing lawyers is a non-factor and utterly inadmissible when it comes to trial. So don't let that deter you from pursuing your claim (if you otherwise want to). As far as your perceived damaged credibility, you're probably making a mountain out of a molehill - your lawyer's actions are not yours. You can be, and only are, held accountable for the testimony you give. Your lawyer can't testify. And frankly, even if you did end up with a shyster, odds are the defense attorneys were already familiar with him from prior cases and could be looking at you more favorably now that you got rid of him.

As far as specific tactics are concerned, it's near impossible to determine their "appropriateness" via the internet, but suffice it to say that there are often valid reasons why lawyers do and say certain things at certain times which could easily appear to be improper or useless to a layperson. So unless you have an expert in litigation who is willing to say that Lawyer 1 or 2 did something improper or unethical, your personal beliefs on the issue aren't going to hold any weight in court. It would be akin to you telling your cardiologist that he is misinterpreting your EKG results - you just don't have the proper background to make that call.

With reespect to the Grievance folks, I don't know who you spoke to, but it seems like calling on a different day, or even to a different office might be in order. The whole point of that office is to "care" about people's complaints, so for them to brush yours off makes no sense.

I agree with everything in your last post.
I have decided to proceed in pursuing my claim and will contact a different Grievance Committee office or wait a day or two.

The three things of concern to me at this time are:
1. How to handle the motion (I feel I should present at the motion as the attorney said he was going to handle the fees with a lien on any recovery/settlement I may end up with vs. what he is doing)
2. Obtaining the case file.
3. How to cancel/withdraw the suit should I not find an attorney.

Update: I have already located evidence prior to the date of evidence the attorney based his withdraw on. I knew the time line he had was incorrect.

 

[DataCom]

I called the Attorney Grievance Committee today and the person I spoke with
classifyed this as a lawyer malpractice issue and he said they don't do anything about lawyer malpractice issues only ethics issues.


Now I am lost on this.

 

[You Are Guilty]

I called the Attorney Grievance Committee today and the person I spoke with
classifyed this as a lawyer malpractice issue and he said they don't do anything about lawyer malpractice issues only ethics issues.


Now I am lost on this.

Well, there's a fine line between ethical lapses and malpractice, and the GC seems to think this falls into the latter category. The difference is now you'd need to pursue it as a legal malpractice case. Luckily, there are a lot of lawyers in NY who do that sort of work (lots of clients, lol) so try using that gray box on the right side of the screen to find one. Most offer free consults, so if nothing else, you'll get another perspective on your case.

In response to your prior reply:

The three things of concern to me at this time are:
1. How to handle the motion (I feel I should present at the motion as the attorney said he was going to handle the fees with a lien on any recovery/settlement I may end up with vs. what he is doing)

We can't answer this one for you. You have every right to show up and simply request a brief adjournment so you can continue to look for new counsel (if you are), or else you can show up and make your argument to the judge (or his law clerk) yourself. You'll have to figure out which.

2. Obtaining the case file.

This one is easy - send a polite, certified letter, return receipt requested, to both lawyers requesting it. They may ask for copying costs - don't pay more than $0.10 - $0.15/page. (If they want more, have an outside duplication company handle it).

3. How to cancel/withdraw the suit should I not find an attorney.

Not finding an attorney doesn't mean you have to withdraw your claim. There are zillions of "how to prosecute pro se" books in the regular library and every law library, as well as bookstores, amazon, etc. Millions of people do it every year, and, I speak from experience, as retarded as some are, they still get results if they have a valid claim. Although everyone is supposed to follow them, courts are hesitant to punish pro se plaintiffs on failing to follow procedural rules - the one area they clearly would be unfamiliar with.

But to answer your question, all you need to do is file a written "Stipulation of Discontinuance" (with or without) prejudice. If you were to go this route, the defendant(s) will be so happy aboout it, if you ask them to draft it for you, they'll almost certainly say yes.

 

[BelizeBreeze]

But to answer your question, all you need to do is file a written "Stipulation of Discontinuance" (with or without) prejudice. If you were to go this route, the defendant(s) will be so happy aboout it, if you ask them to draft it for you, they'll almost certainly say yes.

But don't let them CHARGE you for drafting such

 

[DataCom]

Thanks for the info "You are Guilty"


Now this is getting weird.

Just recieved a call from lawyer #2 office and she said the date of the motion was changed to November and the defendants lawyer is going to be there.



This isn't making much sense.


added: what would the purpose of the defendants lawyer being there?

 

[You Are Guilty]

added: what would the purpose of the defendants lawyer being there?

Ah, I love the easy questions! Here's your clue: on what basis are defense lawyers paid?