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#11 (permalink) | |||||||||
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Remedial
Join Date: Feb 2008
Location: The Secret City
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you may want to contact them about this. they could help you file a claim against this attorney that left you "high and dry" as you put it. Anyways, after reviewing the new information, i have come to the conclusion that this 'new' approach is just a copy of the model rules of professional conduct used in federal courts. i want to point out something to you, but on a sidenote i actually have a centennial edition of the rules in book form 2008 which i got for free from a seminar--about well 'legal ethics.' they are exactly the same as the new code Virgina adopted--basically. 1. Look to rule 1.1 competence and subsequently comment 1, 4, 5 and commentary by code committee. 2. Look to rule 1.2 on scope of representation which explains that (in the commentary) that there is a line between objectives and means. the bar of overseers had better read the rules. you are the architect of your lawsuit--not the attorney. 3. look to rule 1.4 communication which states very clearly that your attorney failed in his duty to keep you informed. that would be my argument. 4. look to rule 8.4 misconduct Was your case in Virgina state court or district court? i wonder about the judge you had because most judges in my experience are very patient with pro-se (self-representing) litigants. i have even heard judges tell the plantiff's lawyer to 'shut up' because he was trying to hear the defendant speak. they relax the rules for pro-se litigants many times--they will however, recommend you take an attorney for complicated ma s should not happen to people in need.
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#12 (permalink) | |||||||||
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Remedial
Join Date: Feb 2008
Location: The Secret City
Posts: 713
My Mood:
Thanks: 65
Thanked 95 Times in 64 Posts
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Quote:
you may want to contact them about this. they could help you file a claim against this attorney that left you "high and dry" as you put it. Anyways, after reviewing the new information, i have come to the conclusion that this 'new' approach is just a copy of the model rules of professional conduct used in federal courts. i want to point out something to you, but on a sidenote i actually have a centennial edition of the rules in book form 2008 which i got for free from a seminar--about well 'legal ethics.' they are exactly the same as the new code Virgina adopted--basically. 1. Look to rule 1.1 competence and subsequently comment 1, 4, 5 and commentary by code committee. 2. Look to rule 1.2 on scope of representation which explains that (in the commentary) that there is a line between objectives and means. the bar of overseers had better read the rules. you are the architect of your lawsuit--not the attorney. 3. look to rule 1.4 communication which states very clearly that your attorney failed in his duty to keep you informed. that would be my argument. 4. look to rule 8.4 misconduct Was your case in Virgina state court or district court? i wonder about the judge you had because most judges in my experience are very patient with pro-se (self-representing) litigants. i have even heard judges tell the plantiff's lawyer to 'shut up' because he was trying to hear the defendant speak. they relax the rules for pro-se litigants many times--they will however, recommend you take an attorney for complicated matters. i wish you and your girlfriend the best of luck and health and i am sorry i cannot do more to assist you. -k
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#13 (permalink) | |||||||||
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Senior Member
Join Date: Oct 2007
Location: Virginia
Posts: 1,306
Blog Entries: 23
Thanks: 52
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Kind of given up on any resolutions from the individual attorneys - get the impression that the statute of limitations has passed to address their individual failures. There is a claim that "word of mouth" is supposed to have some sort of regulatory effect - so I keep this up, besides it keeps me off the streets and provides entertainment. If anyone has issue with what I say, they will have to address the site, even if it does ramble. I understand the words that you post, but when we talk to the attorneys here they dismiss the material that we have, claim that too much time has passed, that ours would be too hard and most importantly too expensive. I then get into this circular logic cycle as to identifying the "oversight" of this profession. Since the response from the Bar is to hire another attorney (take it to court (amateur in court - like pigs in space )), that they do not address strategy ? The Bar expects a damaged client to regulate the service that its member provide. A client is expected to go into debt providing oversight, risking their assets on another "professional" who executes questionable diligence. The client is told to go on and another "incident" occurs, after five years my girlfriend finally got her divorce, the suit against us dropped and several months later she is bitten by a dog - after five more years that Virginia attorney deserts. These things accumulate and are a reflection on the profession.In our case my girlfriend is bankrupt, lost everything and injured. I hire an attorney to represent our issues and have another "experience". To avoid communications problems I provide an outline identifying possible assets. I admit communication is not my strong point. I did expect the outlines to be reviewed, items highlighted and used or dismissed. Guess this is another "strategy" issue with Virginia professionals. Lets see the issue that we have been through:
The incident with the Judge was a bad move. The husband had a tape - classic they had a better hand. The phone calls were intended to address a stalker who had been making threats and assaulting their wife throughout the neighborhood. That Christian attorney painted a "Christian" picture of this guy. I told the judge that I did not say what they were alleging. We had documents and pictures. After hearing the tape, the judge said that he had heard enough. I started to present our side, the judge then said that he had heard enough. I then stated that he had not heard what he was stating that he was listening for - he did not care...... Years later when our fourth attorney finally presented some of the evidence, the judges said that they would not overturn another judges ruling. The judge with the CVS/police assault incident floored me, since my attorney then did make a deal with the prosecutor - the judge dumped on the prosecutor for five minutes, well some time. They had not heard anything more than the deal, this supported my attorney's implications that I would NOT get a fair hearing (maybe evidence was irrelevant - presumption of guilt paradigm). Think my girlfriend tried legal aid, she qualifies, she told me that they have some sort of list and she has a communications problem worse than my own. I still do not get this avoidance to documents, why didnt this last attorney respond to my correspondences on his billing. Then there was Pre-Paid Legal Service who after a year of letters requesting help finally told the Bar that they had allegedly sent a letter of referral - dated a month after the court date. Lastly just how through was the Bar in researching the deserting member, in those five years did a probono client get a settlement that was used to pay off "real clients" by the Bar ? Remember those five Bar attorneys laughing when my girlfriend asked about her case, ha ha, they were going to take the deserter to the cleaners - didnt help my girlfriend. Here are some communications I have had with the larger community..... lawyers.com - suing a state lawyers.com - two decades lawyers.com - facilitation Rants from 2000 Was expecting the response that I received here, professional, polite and available options provided - thanks for that .my entertainment
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A long standing member of the "Moronic Order of Singularity" O homines ad servitutem paratos...Emperor Tiberius Sun Tzu on the Art of War - the oldest military treatise in the world (6th century BC) Now, when your weapons are dulled, your ardor damped, your strength exhausted and your treasure spent, other chieftains will spring up to take advantage of your extremity. Then no man, however wise, will be able to avert the consequences that must ensue. |
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#14 (permalink) | |||||||||
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Senior Member
Join Date: Oct 2007
Location: Virginia
Posts: 1,306
Blog Entries: 23
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The main issue is that a client does not have any leverage to assure that the retained attorney does the job competently.
I had used the Code of Professional Responsibility in the 90's, the grievance had some weight then. After 2000 similar grievance's did not. I had been upset with the our "abuse of process attorney" dropping the issue. We had pre-paid for court trial, which never happened, we had supposed that the money would go for the "abuse of process", when dropped.... This does not mean that the Bar was effective, I have a letter and a report where the Bar/trustee responded with "because the ____ said so they find in their favor" - even though material was available that could have refuted the claim. This leaves several items:
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A long standing member of the "Moronic Order of Singularity" O homines ad servitutem paratos...Emperor Tiberius Sun Tzu on the Art of War - the oldest military treatise in the world (6th century BC) Now, when your weapons are dulled, your ardor damped, your strength exhausted and your treasure spent, other chieftains will spring up to take advantage of your extremity. Then no man, however wise, will be able to avert the consequences that must ensue. |
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| The Diligent Virginia Attorneys - Blog entries | This thread | Refback | 09-05-2008 03:59 PM | |