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Is it legal or right for a plaintiffs Attorney to........

Discussion in 'Lawyers, Legal Practice, Ethics & the Bar' started by 3mike1, Mar 18, 2015.

  1. 3mike1

    3mike1 Law Topic Starter New Member

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    I'm a plaintiff in a lawsuit that has been going on for several years now. At one point in time ( not the only time ) I was trying to get in contact with my attorney in any way I could, usually by phone and leaving numerous messages to no avail. 9 months later I left a message to please call me back or I would have to contact/write to the B.A.R. Association. The very next day my attorney called me and left me a Voice mail stating if I were to contact the B.A.R. He/She would drop me as a client. Even though my case is on contingency, I took what my attorney said as a threat. So, my question is, is it legal for 1) An attorney to even say that by way of a threat ? And 2) Is it legal for an attorney to actually drop a client because the client said he/she would be writing the B.A.R. for not being professional nor returning a phone call promptly ?
     
  2. army judge

    army judge Super Moderator

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    The issue isn't a legal one, rather it sits in the area of legal ethics.

    An attorney can dismiss a client, as a client can dismiss an attorney.

    If you filed an ethics complaint against your attorney, he or she is bound to drop you as a client.

    That's just the way the system works.
     
  3. 3mike1

    3mike1 Law Topic Starter New Member

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    This is why I posted my question under ethics & B.A.R. Anyway, this wouldn't be the only reason for me to write the B.A.R. Association, there are many more issues as clients prevledges state from the B.A.R. and can say that about 6 out of the 10 Client prevledges that the B.A.R. has listed are the exact as my attorneys client prevledges which are framed on the office wall. I thought I read somewhere that an attorney can be severely repremended, disbarred infact, if he/she drops a client when litigation is still on going as well as having a trial date already on the calander. Also that the attorney would first have to consult and get permission from his/her client and file a motion in court. Is this statement true ? And if it is, do or would you still say that an attorney can threaten a client by saying in the same, " if you write to the B.A.R. I will have to drop you as a client " ? and that it is how the system works ? Just wondering
     
  4. army judge

    army judge Super Moderator

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    I will only say that if you believe any attorney has violated the canon of ethics, he or she should be reported to the state bar association (or the supreme court), depending upon which is appropriate in your state.

    An investigation will commence, and hopefully justice will prevail.
     
  5. 3mike1

    3mike1 Law Topic Starter New Member

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    Yes, there are 6 out of the 10 clients prevledges that the attorney along with the law firms personnal have 100% violated there own code of ethics and professionalism. Even if I was not 100% sure ( but I am ), my question still remains. Is it ethical or in any way professional for an attorney to tell his/her client that they would be dropped as his/her client if the client were to write the B.A.R. ? I believe that in itself, is an act of unprofessionalism because he/she can not face the music and to prove that an investigation is not warranted ? I guess it boils down to, what is the attorney hiding ? Any thoughts ?
     
  6. Betty3

    Betty3 Super Moderator

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    We can only say if you believe your attorney violated a code of ethics & was unprofessional, report the attorney to your state Bar Assoc. & hire another attorney. Dropping you as a client is what "most/many" (if not all) attorneys would do if you reported them. They can drop you as a client just like you can drop them as your attorney.

    I'm not going to come right out & say your attorney was unethical/unprofessional.
     
  7. 3mike1

    3mike1 Law Topic Starter New Member

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    Thank you for your responses Army Judge
     
  8. 3mike1

    3mike1 Law Topic Starter New Member

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    Hello Betty 3, thank you for your response. I completely understand how you can say that you cannot call my attorney unprofessional or unethical, because you do not know the facts. I merely posted a question to see if it was legal or professional for a plaintiffs attorney to say " if you write the B.A.R. I will drop you as a client " ? I think I got my answer, thank you again
     
  9. Betty3

    Betty3 Super Moderator

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    You're welcome. Good luck to you.
     
  10. cbg

    cbg Super Moderator

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    You do understand that you are not the attorney's only client, right? And that if he has more urgent issues going on, and things that are happening sooner with other clients than they are with your long-standing issue, that it makes much better sense and is a better use of his time to let your call wait and respond to the more immediate issues first?
     
  11. Disabled Vet

    Disabled Vet Well-Known Member

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    What if you wrote the bar a letter but never told your lawyer. then you lawyer dropped you. Would you want to sue because they didn't tell you before hand? My lawyer dropped me for writing a letter to the bar. Isn't it unprofessional or unethical for them to just drop me? Shouldn't they have told me if i wrote a letter to the bar they would drop me? This is just common sense.....
     
  12. 3mike1

    3mike1 Law Topic Starter New Member

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    @cbg- I completely understand that my attorney has a case load and have certainley told him/her this. As for not returning phone call after phone call at one particular point in time for a 9 month period, I would have to think that this is unprofessional. As it says in the " Statement of Clients Rights " not prevlidges, from the B.A.R.'s list and the Administrative Board of the Courts, ( which is the same as most attorneys ) that it states exactly as follows; " You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly ". With this being a Client RIGHT, I have to assume under the circumstances noted above, that it's not Definitly only a returned phone call that renders an investigation but now and back then, having all of this questions and moreso concerns I have on the facts of my case ( which I cannot devulge ), should as well be warranted for true valid investigation with possible disciplinary action. Having a lawsuit go on for a lot more then a decade, a relationship gets even closer as per, an attorney and client. Therefore, I don't believe my attorney has conducted himself/herself ethically in accordance with the code of professional responsibility. This is not my only concern about my attorney, but the topic as stated above is not the only time this has happened.
    Maybe I'm off track with my original question about, if an attorney can say or actually drop a client because of contacting the B.A.R. ? I just want to know legally if he/she can ? Given that proof of violation is in tact. I've held back for fours years in contacting the B.A.R. because of this statement being said to me. Is it just an attorney's way to threat so he/she doesn't get a mark on their record ? Or is it LEAGALLY TRUE ?
    Thank you to cbg for your response, as well as Disabled Vet ( You are Saluted )
     
  13. 3mike1

    3mike1 Law Topic Starter New Member

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    P.S. @ Disabled Vet,
    I already know that an attorney cannot drop a client without letting the client know first and sometimes has to file a motion in court to do so.
     

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