Attorney Arrested on Obscenity Charges

[willbfree]

HHM if you Google the thread title you will find it. Here's a link-

http://cincinnati.fbi.gov/pressrel/2009/ci050409.htm

[HHM]

If there is a bona fide News post you can link, I would be interested our of curiosity, but otherwise, no need to post details.

[chad9162]

Start talking about a lawsuit. That should perk up their ears.

While I agree that you "might" win a lawsuit, I don't think threatening one would help you RIGHT NOW. Challenging attorneys to a lawsuit is NOT always the best course of action and in most cases difficult to prove. Just because he's a perv doesn't mean he screwed up your case, which you'd have to prove. It also takes time and money, which you don't have. I think you need to contact the firm and see what they can do for you. Get another attorney and move on.

If I understand this correctly, your car payment was included in your means test but the loan is under your b/f's name. I don't know how that's going to work even if you are making the payments.

As others have suggested you might want to contact other lawyers and see what they think. Maybe since you've already started the process it'd be cheaper.

[dingdong]

Start talking about a lawsuit. That should perk up their ears.

The attorney has clear ethics violations, read the Ohio ethics guidelines for attorneys and see if this guy is gonna be disbarred. At the very least, I am sure his license to practice law is going to be suspended whiile he is incarcerated or awaiting trial.



Yuck!

I am sure his law firm is pretty distraught at the moment. Not good for business being a pervo!

[aces67]

OMG! I agree with willbfree. It's not your fault your lawyer can't behave. I do hope you get another lawyer soon and figure this all out.

[willbfree]

Why not contact his law firm directly and state "Since the events of my atty's conduct have made the news and your law firm has no other atty specializing in bk cases I expect a full refund of my retainer so I can hire a replacement." When can I expect the check to be mailed or shall I pick it up in person?" That shows you are not willing to negotiate on the subject but remain polite. After that much bad press I would hope his firm would be willing to refund and allow you to find another bk atty.

[queenfluff]

OMIGOD, that is so wack! Like you don't have enough stress already right?

I don't even think I wanna know what the obscenity charges are. Does it sort of give you the creeps too? Sounds like you knew this guy a bit too.

What about that Bar Association for Lawyers maybe they might be able to provide some guidance of what you should do next?

There has to be some way you can at least get your fees back since you are not at fault here. Also, to have a new lawyer go over your case from scratch will be a good thing for you.

Although, I am pretty sure the student loans can't be discharged but a new attorney might definatley do a better job.

Did you have any idea that something like this was going on with your lawyer? Or was it a total shocker?

[ProjMgrNewb]

As for the case itself, I'm almost hoping that I can start from scratch.... I can't trust a thing that now-ex-lawyer has done so far. I definitely need a "stay" or something in my case to give me some time to get new counsel and go through the paperwork with a fine tooth comb.

[ProjMgrNewb]

So, there's a big controversy on whether the school loans should be priority claims or not. Apparently, Northern District in Ohio says that they are because they're non-dischargable... Southern District (where I live, of course) has not ruled either way. Other states/districts are about 50/50 on this issue as well.

The other issue for some reason is my car. The car is not titled to me, and the loan is not in my name. My b/f financed it for me, with the intent that I pay all payments and expenses. For some reason the US Trustee does not like this either.

I dunno... I'm at a loss here.

[Bankruptcy20]

Wow, what a story. I am not a lawyer, but if I were in your shoes, I would focus first and foremost in getting a NEW lawyer. Get those free consults going again. History is unfortunate and not sure what you can do to your first nutty lawyer. Filing a complaint against him, may be the least of his problems if the FBI is after him, it would seem to me.

In your consult for the search for a new lawyer, maybe if you give the sob story, you may be able to find the one lawyer with a heart (hmm), and maybe he'll give you a discount. It's not really the new lawyer's problem, but many of them do pro bono/free work, so maybe he'll give you a discount. At the least, he should see that much of the paper work (despite its errors) was at least started.

Also, ask the new lawyers what you should do. It'll give you some perspective on how they deal with bad lawyers. Slimey ones will just shrug, but if you see them legitimately care and really give you constructive ideas... it's a good sign perhaps.

Tough situation, my heart out to you.

[2xBK]

No need to post a link, just google your subject line. Good Grief. I'm thinking he was too preoccupied with other things to properly prepare your case. I did''t think student loans could be a priority debt but I'll let others chime in on that.

[ProjMgrNewb]

Okay... as if things couldn't get *anymore* complicated with my Chp 7 case...

My attorney was arrested Monday by the FBI on Obscenity Charges (I'd post a link, but not sure if allowed.. PM me and I'll provide the info).

Here's where my case is at right now:

US Trustee is arguing that:

1) There is a presumption of abuse because:
a.) My school loans should not be a priority claim (as my attorney filled out my petition as such)
b.) The car that my b/f financed me should not be included in my petition (although I am making all the payments, responsible for insurance, etc)

So... today, I was suppose to meet with now incarcerated lawyer to discuss the gameplan... he said he was doing some case law research on the car situation that could make things easier, but that I was probably going to have to litigate on the school loans situation.

Anyway... WTF do I do now?? US Trustee posted his Presumption of Abuse a week ago today. I realize I need to get a new lawyer, since there isn't another atty in the firm who does bankruptcies.... is there any type of a stay or extension or something that I can file on my own to "freeze" my case or whatever to give me some time to get a new lawyer...

This doesn't even scratch the surface on how I'm probably screwed on the $1200 I've already paid to this guy/his firm. They said they're going to "calculate" how much he's worked on the case and bill me accordingly, and if I'm due a "refund" I'll get one.... yeah, at their $200 an hour rate, how am I going to get any $ back?

I don't have another $1200 to throw at a lawyer... this whole thing has been stressful enough, let alone throwing *this* into the mix.

Most of all, I feel bad for his wife and kids... oh, and he was the girls basketball coach at a local Catholic high school. The news is stating that the charges are more for online obscenities sent to undercover investigators not with the kids at the school (hopefully none surface).

Any all advice, suggestions, recommendations, prayer accepted!

Thanks!