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Old 09-03-2008, 03:37 PM   #11 (permalink)
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Originally Posted by jowey View Post
Thanks, wish we had such a dialog over the years.....

I would be concerned about "filing charges" such as you identified. I admit that I lack communications skills. I have two examples that illustrate my concern with the Virginia courts.

The first time I was bitten by "defending oneself" in court, that was when the second attorney left us high and dry. The opposing counsel was lying to the courts, the judge listened to their evidence and then refused to listen to ours. I cleared my throat and said "your honor", he then said he had heard enough. I then responded that I thought that I had the "right" to present our material - wrong thing to say, he started pounding his little mallet, threats of contempt, contempt. We had pictures and documents to present that would have refuted the claims of opposing counsel.....

Another time with the CVS incident, after my attorney implied kangaroo courts I kept my mouth shut, I dreaded actually having to plead guilty myself, hate lying, I bit my tongue and my attorney did it for me. That judge went on a five minute rant or so it seemed against the prosecutor for his deal, without hearing the case. After the lying cop this totally dumbfounded me, there is a difference where a judge hears the case and then "delivers" sentence and one that does not and goes on a rant against their prosecutor without foundation. After such a diatribe what would the prosecutor do to the next Jowey..... After hearing that I wanted the video so badly, but my attorney would not respond to calls from my friends, myself or correspondence. Nothing like sitting in jail and not being able to contact your attorney, answering machines do not take collect calls from the jail - cute trick. Not to mention trying to make such a call from population.

If we are lucky and did file such charges with the court without counsel we run the risk of being in the wordsmith's theater (there is no fool like one who defends oneself) and a court biased in the favor of its own. I cannot help but wonder about others that also lack communications skills, easy victims of a wordsmith.

Right now we have achieved balance on the tightrope. This latest attorney has not responded to my requests about billing but did show up in court and did "something" - this attorney I can almost forgive, given the nature of the population. I have no confidence in this crap shoot, given our experiences what would the eleventh one be like ?

Oh man, just noticed your reference Code of Professional Responsibility was replaced in 2000 by Professional Guidelines and Rules of Professional Conduct. This occurred the year that my girlfriends attorney deserted, in 2000 I noticed this then and commented that this time because her attorney deserted she would get support - I was wrong. Following that the Bar dismisses complaints involving "strategy" which would fall under the old "Code of Professional Responsibility".

Maybe it applies after going through the courts, which means that one needs to convince an attorney to represent them or risk experiences that we have had with self representation - catch 22, no win scenario and back to my correspondence with Ms. Gould of the Virginia State Bar.

Again thanks for the civilized dialog, been called many names.....
good lord, i would never call you names. no proper professional does things like that to someone who is in need. if i were licensed in Virgina i would be able to give you a referral, hell i would get you somebody to take your case probono. unfortunately i got zippy do da connections there and don't know anyone who even practices in that circuit. you could try legal aid--which is like the public defender for civil matters. not your highest quality, but they are usually very dedicated and care about their clients. there are advocacy organizations that handle things like this. VaLegalAid.org - Civil legal information in Virginia
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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Old 09-03-2008, 03:39 PM   #12 (permalink)
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Quote:
Originally Posted by jowey View Post
Thanks, wish we had such a dialog over the years.....

I would be concerned about "filing charges" such as you identified. I admit that I lack communications skills. I have two examples that illustrate my concern with the Virginia courts.

The first time I was bitten by "defending oneself" in court, that was when the second attorney left us high and dry. The opposing counsel was lying to the courts, the judge listened to their evidence and then refused to listen to ours. I cleared my throat and said "your honor", he then said he had heard enough. I then responded that I thought that I had the "right" to present our material - wrong thing to say, he started pounding his little mallet, threats of contempt, contempt. We had pictures and documents to present that would have refuted the claims of opposing counsel.....

Another time with the CVS incident, after my attorney implied kangaroo courts I kept my mouth shut, I dreaded actually having to plead guilty myself, hate lying, I bit my tongue and my attorney did it for me. That judge went on a five minute rant or so it seemed against the prosecutor for his deal, without hearing the case. After the lying cop this totally dumbfounded me, there is a difference where a judge hears the case and then "delivers" sentence and one that does not and goes on a rant against their prosecutor without foundation. After such a diatribe what would the prosecutor do to the next Jowey..... After hearing that I wanted the video so badly, but my attorney would not respond to calls from my friends, myself or correspondence. Nothing like sitting in jail and not being able to contact your attorney, answering machines do not take collect calls from the jail - cute trick. Not to mention trying to make such a call from population.

If we are lucky and did file such charges with the court without counsel we run the risk of being in the wordsmith's theater (there is no fool like one who defends oneself) and a court biased in the favor of its own. I cannot help but wonder about others that also lack communications skills, easy victims of a wordsmith.

Right now we have achieved balance on the tightrope. This latest attorney has not responded to my requests about billing but did show up in court and did "something" - this attorney I can almost forgive, given the nature of the population. I have no confidence in this crap shoot, given our experiences what would the eleventh one be like ?

Oh man, just noticed your reference Code of Professional Responsibility was replaced in 2000 by Professional Guidelines and Rules of Professional Conduct. This occurred the year that my girlfriends attorney deserted, in 2000 I noticed this then and commented that this time because her attorney deserted she would get support - I was wrong. Following that the Bar dismisses complaints involving "strategy" which would fall under the old "Code of Professional Responsibility".

Maybe it applies after going through the courts, which means that one needs to convince an attorney to represent them or risk experiences that we have had with self representation - catch 22, no win scenario and back to my correspondence with Ms. Gould of the Virginia State Bar.

Again thanks for the civilized dialog, been called many names.....
good lord, i would never call you names. no proper professional does things like that to someone who is in need. if i were licensed in Virgina i would be able to give you a referral, hell i would get you somebody to take your case probono. unfortunately i got zippy do da connections there and don't know anyone who even practices in that circuit. you could try legal aid--which is like the public defender for civil matters. not your highest quality, but they are usually very dedicated and care about their clients. there are advocacy organizations that handle things like this. VaLegalAid.org - Civil legal information in Virginia
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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Old 09-05-2008, 05:36 PM   #13 (permalink)
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Quote:
Originally Posted by Rigged View Post
good lord, i would never call you names. no proper professional does things like that to someone who is in need. if i were licensed in Virgina i would be able to give you a referral, hell i would get you somebody to take your case probono. unfortunately i got zippy do da connections there and don't know anyone who even practices in that circuit. you could try legal aid--which is like the public defender for civil matters. not your highest quality, but they are usually very dedicated and care about their clients. there are advocacy organizations that handle things like this. VaLegalAid.org - Civil legal information in Virginia
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
No problem on the assist, kind of given up on any functional channel.

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:
  • Domestic Relations - girlfriends divorce.
  • Civil - husbands suit.
  • State - girlfriends bankruptcy.
  • Injury - dog bite injury.
  • Prescription fraud - CVS incident.
  • Criminal - CVS incident.
  • Debt - girlfriend got some credit cards, against my wishes (another long story - dont trust family). Amazing how much credit these companies give to someone with no income, no job and injured. Trying to bankrupt her again but these attorneys do not respond to my letters even though I paid them and to address would get "their" client out of trouble.....

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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Old 09-07-2008, 06:47 AM   #14 (permalink)
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Quote:
Originally Posted by Rigged View Post
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

-k
Did the "rules of professional conduct used in federal courts" change in the last two decades ?
The main issue is that a client does not have any leverage to assure that the retained attorney does the job competently.
  • Without an authority stating that a client grievance has weight, the client can be dismissed by the population.
  • Industry reticence to address malpractice.
  • A damaged client may not have the assets to pay to regulate this profession by taking malpractice to court.

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:
  • If the Fed's changed policy in a similar manner the effect would be the same and the population would not be "regulated" by damaged clients either.
  • Is there a statute of limitations on addressing such issues - we were told that there were which means that our issues cannot be addressed individually (1989-1995, 1995-2000, 2005 and then 2006, 2007).

    They can be used to identify the inability of the Bar to be an effective oversight of its population, that its claims of diligent members can be refuted and that it has no knowledge of just how diligent its members are. That the institution does not ensure the integrity of the profession and as a result does not adhere to Canon 1.

    I have pointed this out to the Bar, that with each failure to address in a diligent manner they were demonstrating a pattern of avoidance, providing a niche for "bad practice". The question then becomes, is it endemic to the profession or that we are on some list, attorney looks us up and we become clients of non-choice ? Institutional negligence or discrimination. I have been told that I cannot sue the Virginia State Bar....
Words such as you presented are what get me in trouble, that judge comes to mind, turning red, pounding his gavel. I point out an item that says it applies, is a rule and then am told that in their "interpretation" it does not. It is annoying to be told by the Bar that they do not address "strategy" but one can hire another member, someone who we have no confidence, demonstrates a reluctance to engage and if they fail it is their "strategy" again of course they will demand payment - a cascade that preys upon people in trouble.
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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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