shinyhappypeople Posted July 17, 2013 Share Posted July 17, 2013 Final update in #28. Updated in post #17. Deleted our legal soap opera. Thank you for your help and support :) Quote Link to comment Share on other sites More sharing options...
PentecostalMom Posted July 17, 2013 Share Posted July 17, 2013 I'm sorry I don't have any answers for you, but I do have sympathy! I don't know where you got this "lawyer" but is there a legal services agency in your area? They may be able to help you sort all of this out. (((hugs))) Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted July 17, 2013 Share Posted July 17, 2013 Can you call the trustee and tell him what your lawyer is trying to do to you and ask for advise on how to proceed or how to go about getting your account transferred to a non scam artist lawyer? (((hugs))) Quote Link to comment Share on other sites More sharing options...
amyco Posted July 17, 2013 Share Posted July 17, 2013 If the current one really is correct and final, what is the effect of signing the two earlier ones besides covering his mistakes? Would you be in trouble somehow for signing something you knew was wrong? I understand that you are really frustrated (rightfully so!) but you did say you want to get it over with. If signing the older two doesn't hurt your case in any way, or penalize you somehow for his mistakes, then perhaps you should consider it. Just my thoughts...but I am generally non-confrontational and not familiar with this procedure. Here's hoping you get it taken care of! What a pain. Okay, I am editing this to add that after I thought about it, it is probably (definitely?) wrong to sign something you knew was wrong...so I am changing my opinion to stand your ground and not sign them until you get further info/instructions from the trustee or a different lawyer. Quote Link to comment Share on other sites More sharing options...
SpecialClassical Posted July 17, 2013 Share Posted July 17, 2013 I don't have any legal knowledge, but I think you are exactly right. This lawyer is trying to get you to sign off and make it look like you agreed to the errors. I would let him stew over it and you just sit back and communicate with the trustee. Write down everything that happens from here on out. Take pics of notes and papers and date everything. He is in big trouble and desperate. Ignore him until you get solid legal guidance. Quote Link to comment Share on other sites More sharing options...
jhschool Posted July 17, 2013 Share Posted July 17, 2013 Don't sign ANYTHING. Get another lawyer. Once you sign something that you disagree with, you may be in big trouble. You won't be able to say: "I legally signed this thing but I didn't really mean to sign--the lawyer made me." It won't hold water. They will take your signature as legally binding. Find help--free legal services, another lawyer, the court? Quote Link to comment Share on other sites More sharing options...
Truscifi Posted July 17, 2013 Share Posted July 17, 2013 Can you just take a copy of the final one straight to the trustee? I dfinitely wouldn't sign the others without talking to the trustee or another lawyer first. Quote Link to comment Share on other sites More sharing options...
Um_2_4 Posted July 17, 2013 Share Posted July 17, 2013 Yeah, don't sign. Talk to the trustee or call the state's AG or law board(forgot the full name.) The lawyer could backdate and say, yes they did sign them. I had issues with the lawyer I used for my mom's probate and had to switch mid case. It is doable, but I had to notify the court. Quote Link to comment Share on other sites More sharing options...
MomatHWTK Posted July 17, 2013 Share Posted July 17, 2013 I would ask the Trustee which governing body is the one to file a formal complaint with (either the attorney's state Bar Association or the Federal Bar). I would then notify the attorney via certified letter that either the appropriate and correct amendment is filed post haste or you will be contacting said association. Or you could just contact the association without giving the attorney a shot first. I would prefer the latter as the attorney needs to be disciplined for this behavior, but the former will get your document faster. I would suspect he is trying to remake the record after the fact. The court probably sent a letter demanding proof that you had signed off on the original amendments and he doesn't have them, of course, so he's trying to get them in the file now. I would also ask the Trustee if you can finish the filing yourself- you may be close enough to the end of the proceeding that they will allow you to "represent" yourself and get it done. If you can, just get your filing done and then for the sake of other future clients, turn the guy into the correct watchdog agency. Quote Link to comment Share on other sites More sharing options...
zoobie Posted July 17, 2013 Share Posted July 17, 2013 Finding a reputable bankruptcy attorney can be difficult, but try to find another. The trustee might actually be able to recommend someone for you, and if your lawyer has screwed up, the good one can help get back whatever you've paid the incompetent one. Trust your gut. ETA: Hired an appearance lawyer to stand in for him? Odd. Check your state Bar's website to make sure this guy is actually licensed and in good standing. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted July 17, 2013 Share Posted July 17, 2013 cover his behind from whom? the bar? the AG's office? ces't la vie. if he doesn't want a hassle with the bar/ag, don't play games. if he survives, he'll hopefully think twice next time. Quote Link to comment Share on other sites More sharing options...
Melissa in Australia Posted July 17, 2013 Share Posted July 17, 2013 :grouphug: Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted July 17, 2013 Author Share Posted July 17, 2013 Thank you for your help :) Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted July 17, 2013 Author Share Posted July 17, 2013 (deleted post) Thank you for your help :) Quote Link to comment Share on other sites More sharing options...
Ravin Posted July 17, 2013 Share Posted July 17, 2013 I suggest writing a letter to the Court in charge of the case outlining your concerns. Also file a complaint with the bar association. If you speak up, you shouldn't be held responsible for your lawyer's unethical actions. If you don't, he continues to be your agent and you will be responsible for what he does in your name. Quote Link to comment Share on other sites More sharing options...
RoughCollie Posted July 17, 2013 Share Posted July 17, 2013 The trustee's office can't give you legal advice, but they can answer questions. I would call them first. You can also call your state's bar association ... look on their website to find out if they will be helpful first! I would wait to report your lawyer for ethical violations until you have your ducks in a row and the case is over. You have enough on your plate now, and waiting awhile won't change anything. Also, there are books about handling your own bankruptcy and a bankruptcy forum (BK Forum) from which you can get some answers and good advice. There is a forum for pro-se filers at BK Forum, too. http://www.bkforum.com/forum.php?s=d58ee7423925ab98aa741da9eb599821 Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 27, 2013 Author Share Posted August 27, 2013 UPDATE (please don't quote, I'll edit/delete later): So, um... wow. Lots has happened since my jerk lawyer ("JL") pulled the deceitful, unethical stuff I originally posted about. Trying not to get TOO detailed here,... (edit, edit, edit) ... IF this plays out like I hope and pray it will, one thing will lead to another and he'll be out of business :thumbup: (edit... edit... edit...) Anyway, please keep me in your thoughts and prayers. I have ONE chance to speak, and I want to make sure what I say is what the judge needs to hear in order to see through the lies to the truth, and also to see what a big deal JL's actions are. And, by the way, if you have any advice as to what I should say, I'm all ears :bigear: Quote Link to comment Share on other sites More sharing options...
Catherine Posted August 27, 2013 Share Posted August 27, 2013 Definitely go to the hearing and speak!! Rehearse your remarks ahead of time. No one will expect you to be anything other than an ordinary citizen (which you are NOT, because you are a classical homeschooler!!) so you don't need to worry. I say do it! Quote Link to comment Share on other sites More sharing options...
MomatHWTK Posted August 27, 2013 Share Posted August 27, 2013 Bring a copy of the "You're fired" letter you sent him and show it to the UST before you speak. Failing to withdraw when directed by a client may bring additional charges. You are not alone, you have the full weight of the rules of legal ethics on your side. :) Quote Link to comment Share on other sites More sharing options...
Ravin Posted August 27, 2013 Share Posted August 27, 2013 Make notes for yourself of what you need to say. Have a copy of the letter firing your lawyer. Let them know you want to speak to the UST's office. Attorney-client privilege is for your benefit, not the attorney's. You should also get a new lawyer if you can. Quote Link to comment Share on other sites More sharing options...
Moxie Posted August 27, 2013 Share Posted August 27, 2013 I didn't know attorney-client privilege went both ways? ETA: I just spoke with..er..someone in the legal profession and he said a client can waive privilege and say whatever she wants. Quote Link to comment Share on other sites More sharing options...
Happy Posted August 27, 2013 Share Posted August 27, 2013 Write out what you want to say. You will not read aloud what you wrote :) , but hopefully the writing it out will organize it in your head. A few words on notecards to jog your memory is all you should take in there. Get your most important point or two out there first. Focus on the judge and not on anyone else in the room. And because this is what I would do--wear your favorite 'power' clothes--the ones that make you feel strong and sassy. Then, as our own RemudaMom would say, dab some rum behind your ears and go kick some donkey. Praying for eloquence and clarity for you. Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 27, 2013 Author Share Posted August 27, 2013 Definitely go to the hearing and speak!! Rehearse your remarks ahead of time. No one will expect you to be anything other than an ordinary citizen (which you are NOT, because you are a classical homeschooler!!) so you don't need to worry. I say do it! :) (editing a bunch) Summary: He's really unethical and incompetent in pretty much every way. Thank you for letting me ramble. :) Quote Link to comment Share on other sites More sharing options...
Forget-Me-Not Posted August 27, 2013 Share Posted August 27, 2013 Yikes. I'm no expert by a long shot, but can't you file that form yourself? I would think you just take it to the courthouse and probably pay some kind of filing fee. Hope it all works out, and soon! Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 27, 2013 Author Share Posted August 27, 2013 Yikes. I'm no expert by a long shot, but can't you file that form yourself? I would think you just take it to the courthouse and probably pay some kind of filing fee. Hope it all works out, and soon! Yes. No. It's complicated (to me). We filed a "you're fired" letter (aka substitution of attorney) and the judge denied it. So, last week, JL (well, his paralegal) had us sign a different substitution of attorney that the paralegal was supposed to submit. Except he hasn't submitted it yet. :banghead: (edit...) Can this whole stupid mess be over now? Quote Link to comment Share on other sites More sharing options...
Ravin Posted August 28, 2013 Share Posted August 28, 2013 I'm sure the passive aggression is because he'll be out a job if his boss is fired. Can you file it yourself? Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 28, 2013 Author Share Posted August 28, 2013 I'm sure the passive aggression is because he'll be out a job if his boss is fired. Can you file it yourself? He's been like this from the beginning. It took him SIX weeks to file the first amendments, completely missed a deadline. Lied about filing other paperwork (actually filed it, oh... a month or so after he claimed he had). And yet he's still employed.... the mind boggles. Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 30, 2013 Author Share Posted August 30, 2013 It's over. There will be no hearing. The judge made his decision today, because Jerk Lawyer stipulated to his misconduct (I think that's more or less the right phrasing). The judge will never hear the full extent of the lawyer's misconduct, because we weren't allowed to speak to the UST and the hearing was our chance to be heard. Jerk-Lawyer gets a slap on the wrist and will continue practicing more or less as usual. DH and I will never have our voices heard. I've learned a valuable lesson: the legal system protects its own. No one cares about clients. The system is pay to play and if you can't pay.... well f-in sucks to be you. I haven't decided whether to invest the time and emotional energy into a bar assn. complaint, because who am I even kidding? Lawyers protect their own. I hate our justice system, and I hate myself for being so stupid and not seeing Jerk Lawyer for who he was from the beginning. I feel violated in a way that's hard to describe. Quote Link to comment Share on other sites More sharing options...
fraidycat Posted August 30, 2013 Share Posted August 30, 2013 :grouphug: Quote Link to comment Share on other sites More sharing options...
zoobie Posted August 30, 2013 Share Posted August 30, 2013 What state are you in? That's a very, very fast turnaround for an ethics charge! Are you sure this is your only outlet? Did you file a complaint with the Bar? File a malpractice claim? Quote Link to comment Share on other sites More sharing options...
Ravin Posted August 30, 2013 Share Posted August 30, 2013 You can sue for malpractice. There are attorneys who specialize in this. They usually work on contingency. And please do file a bar complaint! Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 30, 2013 Author Share Posted August 30, 2013 The dollar amount we lost is not enough to interest a lawyer in helping us file a malpractice claim. We could take him to small claims court, but we would lose b/c he's drinking buddies with every judge and lawyer in town. Next step is bar assn. complaint, and BBB. Quote Link to comment Share on other sites More sharing options...
Dana Posted August 30, 2013 Share Posted August 30, 2013 :grouphug: Quote Link to comment Share on other sites More sharing options...
Ravin Posted August 30, 2013 Share Posted August 30, 2013 More power to you! Some attorneys do care about ethics. Quote Link to comment Share on other sites More sharing options...
zoobie Posted August 30, 2013 Share Posted August 30, 2013 The dollar amount we lost is not enough to interest a lawyer in helping us file a malpractice claim. We could take him to small claims court, but we would lose b/c he's drinking buddies with every judge and lawyer in town. Next step is bar assn. complaint, and BBB. That's good. The Bar may help get your fees back from him. We filed a complaint against a closing attorney who had a paralegal pretend to be an attorney. He reimbursed our fees as part of his agreement with the Bar over sanctions. Good luck. Quote Link to comment Share on other sites More sharing options...
Acadie Posted August 30, 2013 Share Posted August 30, 2013 There are plenty of lawyers who care about ethics, and whose job it is to uphold the legal and ethical standards of the profession. I have a good friend who does just that, and suffers the consequences socially and politically, but he is doing good work. Make a complaint. It may make you feel better, and will certainly help other people. So sorry this happened to you. Amy Quote Link to comment Share on other sites More sharing options...
shinyhappypeople Posted August 30, 2013 Author Share Posted August 30, 2013 There are plenty of lawyers who care about ethics, and whose job it is to uphold the legal and ethical standards of the profession. I have a good friend who does just that, and suffers the consequences socially and politically, but he is doing good work. Make a complaint. It may make you feel better, and will certainly help other people. So sorry this happened to you. Amy Please hug your friend for me, and tell him thank you for being one of the good ones :) I know a handful of ethical attorneys, but none will stand up to Jerk Lawyer. And JL isn't some high powered, successful lawyer. His practice is small and low-rent. But, this is a small town, with small town politics at play. I am comforting myself tonight by remembering that Al Capone went to jail for tax evasion. In other words, I don't care HOW I bring him down, but it WILL happen. Quote Link to comment Share on other sites More sharing options...
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