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NO way!! Proof to research atty's first!!!

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    NO way!! Proof to research atty's first!!!

    My husband pulled this off the internet. We never imagined to do this prior to filing our ch.7. This 'guy' prolonged our case, didn't get info in correctly, and was then fired (for whatever reasons). The 341 continuance was today (w/ the new atty) and everything went well! We should have our discharge in 4-6 wks. So relieved!

    *********
    (this dates back to 2002/all names have been removed)

    Discipline Notice
    Bar # ****** Member Name ********
    Action Suspension Effective Date 12/17/2002
    RPC 1.3 - Diligence
    1.4 - Communication
    1.5 - Fees
    1.15 - Declining or Terminating Representation
    3.2 - Expediting Litigation
    8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation
    Discipline Notice ********(**** No. ******, admitted 1995), formerly of *****, was suspended for sixty days, following a stipulation, by order of the Supreme Court, effective December 17, 2002. This discipline was based on his failure to diligently represent three clients, refund unearned fees and dishonest conduct in 2000 and 2001.
    Matter 1: In September 2000, Mr. ****** agreed to represent a client in a Chapter 13 bankruptcy matter. On September 18, 2000, the client paid Mr. **** a non-refundable flat fee. After September 28, 2000, Mr. **** sent the client bankruptcy forms to complete. The client called for advice on how to fill out the forms, but Mr. ***** did not return his calls. In March 2001, the client retained substitute counsel to complete his bankruptcy. On March 26, 2001, Mr. **** sent the client a letter informing him that Mr. ***** had transferred the client’s case to another lawyer. The client responded that he had hired a different lawyer and wanted a full refund of his fees. Mr. **** did not refund the client’s fees. Mr. **** paralegal stated that Mr. **** told her to make untrue statements to disciplinary counsel during the investigation of this matter.
    Matter 2: In October 2000, Mr. **** agreed to handle a Chapter 7 bankruptcy for a client. The client paid a non-refundable flat fee. Mr. **** told the client he would contact her creditors and ask them to wait for the bankruptcy. Mr. **** did not contact the client’s creditors. From October through December 2000, Mr. **** took no action on the client’s case and failed to answer her phone calls. In January 2001, the client was incarcerated and provided Mr. ***** with a power of attorney, authorizing her mother to work on the bankruptcy matter. Mr. **** did not file the client’s bankruptcy. On April 25, 2001, the client fired Mr. **** and demanded a refund. Mr. **** did not refund the client’s fees.
    Matter 3: In January 2001, Mr. **** agreed to represent the mother in a child residential placement matter. On January 18, 2001, the parties met for a settlement conference. The next day, the client fired Mr. ****. Mr. **** did not tell opposing counsel that he no longer represented the father, and she sent him draft final documents. In January 2001, Mr. **** told opposing counsel that the mother was having second thoughts about the settlement. Opposing counsel set a deposition date for the mother and suggested that the case be set for trial. Mr. **** took no further action. On September 10, 2001, the court authorized opposing counsel to contact Mr. **** client. The client appeared and the case settled.
    Mr. **** conduct violated RPCs 1.3 and 3.2, requiring lawyers to diligently represent their clients and to expedite litigation; 1.4, requiring lawyers to keep their clients reasonably informed of the status of their matters; 1.15, requiring lawyers to withdraw from representation when asked to do so by the client; 1.5(a) and 1.15(d), requiring lawyers to charge reasonable fees and to refund unearned advanced fee deposits upon withdrawal; and 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation.
    ********* represented the Bar Association. Mr. **** represented himself.
    Last edited by moneytree; 12-27-2006, 12:55 PM.

    #2
    Glad to see the continuance went well. Congratulations!

    I hope you do in fact file a complaint against this man. I am unsure how he is even still practising law but he shouldn't be. Hopefully by you letting everyone here know your situation will help the newcomers see that they really should thoroughly check into their attorney. But for you, at least now you are past the hurdle and it's time to breathe and know there is an end.
    "Try to save money. Someday it may be valuable again." - Anonymous

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