OPTION # 1.. DO NOTHING ! (Not Recommended)

                     "Ill just wait to see what happens"

This option is NOT recommended unless your so called "GOOD" lawyer has become aware of the problem and has began to fix it to your satisfaction. 

(DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)

OPTION # 2. GET YOUR SO CALLED “GOOD” LAWYER TO FIX HIS PROBLEM WITH YOU DIRECTLY.

 " I am sorry I cheated you..  

I'll make it up to you"

 Try writing him/her a CERTIFIED letter explaining your situation, and why you feel he screwed up and how you want him to solve the problem. Try setting a specific time frame for a solution to take place. Ie “please respond to the above request within 5-7 days from your receipt ...”  At this point do not threaten him or her, with any retaliatory action but be firm in your stance. Use words like 
“ I’d like to resolve this matter on an amicable basis..” Also request that any response to your letter be in writing. If all you get is a phone call by either him/her or by someone within his office, send him/her a confirming letter/email memorializing the phone call and what the agreement and your understanding of the conversation or gist of the discussion was.

Also Try using the suggestions given in the FREE pamphlet sponsored  by the California State Bar called “WHAT CAN I DO IF I HAVE A PROBLEM WITH MY LAWYER” you can download this pamphlet at: http://calbar.ca.gov/LinkClick.aspx?fileticket=SwBeh1m5Lp0%3d&tabid=1397
If your letter is ignored or if his/her solutions do not met with your expectation of the problem, again address that in a subsequent “follow-up letter” Make it simple. Use phrases like “Although I’ve tried to reach a solution to the problem created by you  (see my first letter dated) ( put date of previous letter), your solution fails to rectify the problem by/ because (insert reasons, etc) Therefore you leave me no choice but to bring this matter before the California State Bar (or other agency depending on the type of problem)and seek their intervention...” etc. 

Always remember not to threaten or include insults in your written communications with him/her. Always be polite but firm.

Remember that your letters will or could be used as exhibits at some point by someone else and you don’t want a Bar investigator, or a Bar prosecutor or ultimately a Bar judge to read your letter wherein you insult your so called “GOOD” lawyer no matter how badly you want to do it. Doing that may discredit your position and cast you as a problematic and abusive client. Remember, your satisfaction will come when the Bar investigates the problem and decides to discipline, suspend and possibly recommend disbarment for your so called “GOOD”  lawyer

That’s what you want !!

( DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. If you need an attorney ,The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)

OPTION # 3. SUE your so called “GOOD” lawyer in court only.

                                      "SUE HIS A$$ FOR MONEY" !


You want action and can’t take your so called “GOOD” lawyer’s abuse and lies anymore. So you decide to SUE his ass in court.

This option requires immediate action, as it could include issues of time limits for filing a claim. This is known as “the Statute of limitations” It means you need to file your claim before a certain period of time expires.  Thus it is imperative that you hire a competent and experienced legal professional to advice you on this issue.

CAVEAT ! Please be aware that just because you decide to sue your so called “GOOD” lawyer in Court, because your case was lost, it doesn't mean it will automatically happen. You would need to hire a GOOD MALPRACTICE ATTORNEY TO BELIEVE YOUR LOST CASE WAS A WINNABLE CASE, but was lost because some wrong doing by your so called “GOOD” lawyer.

Thus it is imperative that you consult with a competent and experienced legal professional to advice you on these issues.

In this option you need to do all of the suggestions in 2 above (writing of letters etc) except do not make any mention of any reporting to the Bar etc. Simply say that something like..” Unless the matter (explain the problem) is rectified within (use your discretion as to how long to allow for a solution. If he/she owes you a million dollars, giving him 5 days will appear as unreasonable. However if your matter involves perhaps returning $5000 in unearned attorneys fees, give him/her 7 days or so to respond etc)   you leave me no choice but to seek Court intervention to address this matter. Please bear in mind that you could be liable for my new attorneys fees once the court decides against you at trial..” 

 Let him know that he will be looking at a new trial and that it will cost him/her MORE money to defend him/herself.

Remember that your NEW MALPRACTICE attorney, will use your letters when he writes his own letters to your so called “GOOD” lawyer as exhibits. Also very important that you immediately include in your letter a REQUEST for your ENTIRE client File to be sent to you with 5 business days pursuant to bar rules.

If your so called “GOOD” lawyer fails to provide you your COMPLETE client file, then you’d have an additional charge against him. 

CAVEAT !!! when you receive your client file.. CHECK IT FOR IT’S COMPLETENESS !!  Often times your so called “GOOD” lawyer, will remove incriminating memos or correspondence that shows he screwed up. Things like an email from the defendant’s lawyer offering a certain amount of money. 

Or a letter indicating the trial date.. (You know the one that only YOU showed up) or missing documents previously given to him.. Doctors reports which says how injured you really are.. Contracts, etc...CHECK EVERYTHING your so called “GOOD” lawyer sends you.

 Also make sure to include in your letter a request for a COMPLETE accounting of all monies or fees paid, or received by him. If you paid him cash money, check to see if your receipt given to you at the beginning, matches his receipt for moneys now being sent to you later. (Hey maybe he never gave you a receipt and he may deny you paid him a certain amount)

THEN you are off to the races and begin your search for a GOOD MALPRACTICE ATTORNEY depending on your situation.

If your situation involves let’s say the return of some settlement monies less than $10,000, or the return of some advanced or unearned fees which are less than $10,000, you may just be better off taking your so called “GOOD” lawyer to Small Claims Court. 


Let’s say you retained a criminal attorney for some DUI matter. To “represent you in Court” your so called “GOOD” lawyer asked $10,000 as an advance retainer fee from you. You paid the fee, he prepared some type of written defense, but he never filed said documents with the court, or he never showed up at the trial and you are found guilty and you lose your license etc...You ask for the return of a portion of the fee you paid. He tells you to go pound sand or totally ignores you. In this instance is probably easier to get a quicker resolution in Small Claims court. Remember that if you hire a NEW attorney to sue for a small amount of money, It could probably cost you more in additional fees.

BUT let’s say that at issue in your lost case is the loss of some BIG money or some uncompensated permanent injuries, or a corporate matter involving thousands and thousands  of dollars or maybe even millions of dollars or maybe a court order denying you something valuable in excess of $10,000, or a court order ordering you to pay  thousands and thousands  of dollars to someone, all because of your so called “GOOD” lawyer’s fault.

In that case as indicated you need to  find a GOOD LEGAL MALPRACTICE LAWYER to fight with your so called “GOOD” lawyer (legally speaking of course) It is always advisable to use the services of a reputable attorney referral service. There are several  good ones. Don’t just choose someone from the internet, or a phone book, based primarily on their advertisement content. And by all means  ASK IF HE/SHE has MALPRACTICE INSURANCE..  It's the law !! An attorney must have a Malpractice policy if he/she wants to Practice law in the State of California...

You must do a little homework and research their qualifications. You do not want to trade and go from BAD to WORSE. Ask the right questions. Normally a large firm who specializes SOLELY in Legal Malpractice matters will be a better choice than perhaps a solo operator who “specializes” in any matter and client that walks through his door. 

Ask things like, “what  percentage of your cases get resolved without going to court” or “what is your win track record in the last 5 years” etc. Remember, Part of the problem for being stuck with your so called “GOOD” lawyer, could be because the proper questions weren’t asked of him from the beginning BEFORE RETAINING HIM!
 

 Try using a feature by the State Bar called Legal Specialist Search. 

Also a new website called LawHelp.org may be of assistance.

( DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. If you need an attorney ,The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)

OPTION # 4. REPORT YOUR SO CALLED “GOOD” LAWYER TO THE CALIFORNIA STATE BAR and other Agencies.

            "Hello State Bar ?? I'd like to report my lawyer"

Every human being is capable of error: house painters, schoolteachers, doctors and even lawyers. When those mistakes are made in the course of their professional work, however, there needs to be some accountability to the client and to the public at large.  A licensed attorney in California, is bound by the Rules Of Professional Conduct, and must adhere to follow such rules.

The California State Bar is sort of like the Police agency which licenses and punishes lawyers when they screw up. They serve as an arm of the California Supreme Court. This is done through their State Bar’s discipline system and through The Office of the Chief Trial Counsel who actually prosecutes attorney misconduct.

In their State Bar of California Long-Range Strategic Plan, GOALS dated Aug. 23, 2002, it promises to:

    1.    Assure that the public is protected and served by attorneys and other legal services providers that meet the highest standards of competence and ethics.
    2.    To assure that the State Bar is recognized and respected as a contributing and accountable leader in improving the administration of justice and ensuring the rule of law in our civil society.

When a client believes or knows he has been harmed by his/her so called “GOOD” lawyer’s unethical conduct, the California State Bar will like to hear about it.

To begin your complaint against your so called “GOOD” lawyer, you must first fill out a COMPLAINT FORM which you can find at this link:
http://www.calbar.ca.gov/Portals/0/documents/Regulation/Complaint-Form_r.pdf

There are some tips to follow when you fill out the complaint form to insure all the information you want the Bar to notice is included. The section that receives all client complaints is called the “Intake Unit”. This section basically “reviews” your complaint and makes the determination IF an investigation is warranted.  In other words, this section sort of functions as the “Filter” to screen out complaints that do not indicate a potential violation of the Rules Of Professional Conduct.

If your complaint passes that test, it is  then transferred to the “Investigations and Prosecution Unit” It is here that your so called “GOOD” lawyer’s conduct will be much closely scrutinized. He/she will be sent a document called a “TR” letter.

This document in it of itself should  scare the daylights out of your so called “GOOD” lawyer. “TR” letter stands for “To Respondent” which means he is already considered a “respondent” in a Bar investigation. It is in this department that your so called “GOOD” lawyer will be forced and made to answer why he lost or harmed you with his unethical conduct.



To say the least. At this point of the complaint, your once “GOOD” lawyer will suddenly become THE BEST AND MOST EFFICIENT, HARDEST WORKER, MOST ETHICAL  AND HUMBLEST of all Lawyers.

It is at this point of the investigation that yourso called “GOOD” lawyer should hire an attorney to defend him against a Bar inquiry that could potentially yank his livelihood or his “ticket” to practice law. It could cost him anywhere between $15,000 to $25,000 depending on the severity of the violation..

DON'T YOU LOVE IT ?? making your so called “GOOD” lawyer spend money to now protect him/herself because he/she screwed you up.

That’s why as a tip when you fill out your COMPLAINT FORM, USE A SEPARATE PIECE of paper and name it “ADDENDUM TO COMPLAINT FORM”  !!

In this addendum. You must write in detail the what, where, when and the how your so called “GOOD” lawyer cheated you and/or lost your case. It is imperative to include dates, copies of documents, like your retainer agreement, copies of motions he lost, rulings etc. Also peruse the Rules Of Professional Conduct indicated above to see if your situation merits additional violations not previously envisioned by you.

For example your so called “GOOD” lawyer was incompetent when he failed to appear in court for you on a very important hearing. But when you asked for your client file, he refused to do give it. His refusal is an “additional” violation of the Rules Of Professional Conduct to his incompetence.  Citing these rules, will assist the Intake unit assess to a greater degree, how your so called “GOOD” lawyer violated the law.

 You must also be patient. The California State Bar is flooded with complaints on a yearly basis. According to their April 30, 2011, report The number of complaints received by the Intake Unit for the year 2010 was 17,904. That means that in 2010, there was 17,904 clients just like you, who felt their so called “GOOD” lawyer needed to be complained about.

In December 31, 2011's Discipline report,  The number of complaints received by the Intake Unit against so called “GOOD” lawyers was 16,156.  The point is you need to be patient with the Bar investigation process. Currently it takes anywhere between 4-6 months for an investigation to be complete, and a few more months after that, for an actual prosecution of your so called “GOOD” lawyer in Bar Court to take place.

BUT rest assured that once your so called “GOOD” lawyer knows he could get SUSPENDED or DISBARRED, he will have ENDLESS sleepless nights remembering you and your case.

Often times as part of their discipline or punishment, the State Bar can order restitution of moneys taken from you. ie the return of some settlement money or the return of some advance fees etc.  Also the bar has a division called “The Client Security Fund” which is designed to compensate those clients who were victims of so called “GOOD” lawyers like yours by returning monies wrongfully taken by lawyers.  It could be a good idea to also submit a claim after your complaint under this program if your money was wrongfully taken by your so called “GOOD” lawyer. For more information, click on the link for that Program.

If your so called “GOOD” lawyer simply stole your money ie you gave him a loan, or he/she gave you a check that bounced, or he took advantage of your vulnerable position and had sex with you, you MUST file a POLICE CRIME report with the local law enforcement agency in your area.

Perhaps your so called “GOOD” lawyer has threatened you with bodily harm etc. You must immediately report this activity to the local Police.

If your so called “GOOD” lawyer is a member of a large law firm, and you have information that they have done similar harm to other clients, you could also report the firm to the ATTORNEY GENERAL's office who will also investigate the matter. If the matter involves the swindling of clients and you have information to this fact, you could also file a complaint with the IRS whistleblower unit who will investigate the violation and could possibly give you compensation for the tip.

Perhaps  your so called “GOOD” lawyer boasts to everyone about being a member in "good standing" and having "A+" rating with the Better Business Bureau (BBB),  make sure you immediately ruin said record by filing a complaint with the BBB as well. (more on BBB policies in other posts)

All links to these agencies are located in the USEFUL LINKS section in this Blog.

( DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. If you need an attorney ,The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)

OPTION # 5. SUE and REPORT your so called “GOOD” lawyer.

SUE HIS BUTT, THEN REPORT

In this option, notice the order of action required. Firs t you SUE your so called “GOOD” lawyer by following the instructions in 3 above... THEN you also REPORT your so called “GOOD” lawyer after that. WHY do we recommend this pattern. Because once you retain your NEW attorney, to kick your so called “GOOD” lawyer’s butt (legally speaking of course ) he could assist you in the filing and wording of your complaint to the Bar. Again try to follow the instructions when you hire new counsel. DO NOT BE DECEIVED once again. Keep close tabs on your new attorney and explain to him/her your lack of trust in the legal system as a result of your loss. We are sure he or she will understand your predicament. 


(DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. If you need an attorney ,The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral) 

"GO AHEAD AND FIRE ME...WHO CARES... I'LL JUST PUT A LIEN ON YOUR CASE FOR MY FEES"

 "GO AHEAD AND FIRE ME...WHO CARES... 

I'LL JUST PUT A LIEN ON YOUR CASE FOR MY FEES" 

By Louis Nogali 

Often times a client is forced to FIRE his BAD lawyer when it’s self evident, the lawyer has abandoned the prosecution of that client’s good case. 

It all starts with the usual unreturned phone calls, the phone battles with the arrogant receptionist, the missing court dates, the failure to keep the client reasonably informed on the status of that client’s case, etc.. ( probably because nothing has been done since he was retained, safe sometimes for the sending of a simple representation letter to the insurance company, or to opposing counsel ) 

A client could also be forced to fire his BAD lawyer, perhaps because the BAD lawyer once thought he had a million dollar case when the client walked through the door, and saw the crutches and the bruises (he probably told the client that his case was worth a million bucks). This bad case evaluation, could have been primarily based on the following facts: 

1. On the BAD lawyer’s inability to either know the law on the issue when the client came in for consultation,.. 

2. Or because his inability to establish some type of legal theory on which to base a claim upon 

3. Or because of pure and simple laziness, 

4. OR because after some reconsideration, he realized post retention, that to bring such a case to trial in front of a jury, (if is a contingency agreement) it would cost the BAD lawyer an arm and a leg, in expert fees, jury fees, and other incidentals, something 99.9 % of other GOOD reputable lawyers normally advance for the client without a glitch, but a BAD lawyer, never agrees to pay out of his pocket anything if all possible. 

5. Or because the BAD lawyer sticks to his motto of “Settled cases pays the bills” and “tried cases’ “Bills” makes you ill” In other words LOTS and LOTS of work...and money....Something foreign to a BAD lawyer’s.. Modus-Operandi ... 

So it’s easier for a BAD lawyer to just put the file in the “Forgotten” or the “Let’s see what happens” drawer, until a phone call comes in from some adjuster who wants to bestow a little mercy on behalf of humanity, (something that occurs once every millennium) And offers a “nuisance value only” “Found money” or “Take it or leave it” so called “Settlement Offer”.. 

So once that occurs, your so called “GOOD “ lawyer gets to put all his “negotiation” knowledge and skills he’s learned at all those Los Angeles County Bar Association (LACBA) seminars to a test and good use by bullshitting the client into accepting such a “Good Offer” so that the BAD lawyer can get some type of fees, and buy himself a new life...pay his rent, or pay his State Bar membership Fee....

 It doesn’t matter what the Client gets... 

BUT if all of the above never happens and the CLIENT wises up and decides to FIRE the so called “Good lawyer”, despite the stellar performance as described “hereinabove” (“hereinabove” is one of those $400 word some Bad lawyers like to use to dazzle and BS the opposition when they can’t write themselves a cohesive sentence out of a paper bag if their lives depended on it) 

But if all that fails, the BAD lawyer still has one more trick up his sleeve.. If a client FIRES his BAD lawyer’s ass because of any of the above, the BAD lawyer thinks he has nothing to worry about... He thinks he is “FULLY” protected because in his retainer agreement, he has very cleverly placed a “LIEN” clause, giving him priority in getting his exorbitant, and extortionate fees and costs paid in the event of termination prior to a settlement or a judgement. 

Perhaps you saw something like one of these clauses below in your BAD lawyer’s retainer agreement and wondered what it all meant.. 

Or perhaps you never read that sentence during your interview because you were being dazzled with all the brilliant courtroom legal battle victories by the so called GOOD lawyer...you know the ones where he gets a $20,000 jury verdict after 10 years of litigation. 

Here is what a BAD and so called GOOD lawyer has on his retainer agreement. 

“LIEN. Client hereby grants Attorney a lien on any and all claims or causes of action that are subject of Attorney’s representation under this agreement. Attorney’s lien will be for any sums owing to Attorney for any unpaid cost, or attorney’s fees, at the conclusion of Attorney’s services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgement, settlement or otherwise. The effect of such a lien is that Attorney may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Attorney has been discharged before the end of the case. Because a lien may affect Client’s property rights, the Client may seek the advice of an independent lawyer of client’s own choice before agreeing to such a lien” 

And here is what another “GOOD” lawyer has on his retainer agreement:  

“LIEN: Client hereby grants Attorneys a lien on any and all causes of action Client may assert in any court action brought by Attorneys on Client’s behalf under this Agreement. Attorneys’ lien will be for any sums due and owing to Client to Attorneys at the conclusion or termination of Attorneys’ services. The lien will attach to any recovery Client may obtain in the court action, whether by judgment, settlement or otherwise” 

AND still yet another on his retainer agreement also says:  

“ Client shall pay ATTORNEY as his fee for such representation the sum of THIRTY THREE and 1/3 percent ( 33 1/3%) of any settlement obtained. If a lawsuit is necessary and filed, then the Client shall pay ATTORNEY as his fees the sum of FORTY PERCENT (40%) of the settlement, verdict, award or recovery. ATTORNEY shall have a LIEN on my cause of action and any favorable judgement obtained, to the extent of the percentages mentioned above in the event of premature termination by the client” 

 As you can see this last guy wants it ALL.. This last guy, if the client gets a new attorney to continue representing him, will get NOTHING for his services according to this lien’s verbiage. 

BUT are these lawyers allowed to do this ? 

99.9% of all REAL GOOD attorneys have similar clauses in their retainer agreements. Such lien clauses are allowed under California law... Most of these REAL GOOD lawyers, use these clauses as protection against scumbag clients who despite a good representation and good settlement or jury verdict, they still nickle and dime their REAL GOOD attorney when the time comes to distribute the spoils of the litigation...ie the MONEY... 

Often times these scum bag clients do not agree on the fees and thus refuse to sign off or endorse the settlement check. It is on those RARE instances where a LIEN clause is designed to protect these REAL GOOD Attorneys.. 

BUT what we are talking about here, are those BAD and so called “GOOD” lawyers who are lazy, and do absolutely NOTHING for their client during their representation as their lawyer and now that the client has decided to substitute them for a REAL GOOD lawyer, the BAD and so called “GOOD” lawyer suddenly tries to hide behind his “LIEN” clause to get “HIS” exorbitant fees and costs paid. 

The Law here in California is very clear on this issue.. In the most recent California Supreme Court Case of Fletcher v. Davis (2004) 33 Cal.4th 61, the court very clearly stated that California Rules Of Professional Conduct 3-300 goes against the applicability of a Lien by a former BAD lawyer who the client was forced to FIRE, to hurt a client by purposely holding settlement or judgement moneys back until his fees are paid by the client... 

Said rule states as follows: 

Rule 3-300 Avoiding Interests Adverse to a Client: “A member shall not enter into a business transaction with a client; or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, unless each of the following requirements has been satisfied: (A) The transaction or acquisition and its terms are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which should reasonably have been understood by the client; and (B) The client is advised in writing that the client may seek the advice of an independent lawyer of the client's choice and is given a reasonable opportunity to seek that advice; and (C) The client thereafter consents in writing to the terms of the transaction or the terms of the acquisition.” 

In other words, Let’s say you had a good personal injury case, but your so called “GOOD” BAD lawyer that you hired did nothing and forces you to FIRE his ass. At the firing, he arrogantly tells you to go pound sand because he doesn’t care what you do since he has a “LIEN”clause in his retainer agreement, for his fees and costs. 

(that portion was never fully explained to you by him when you retained him. At the firing you are NOT told how much as of that day his fees and costs are..) 

So the next day you find a VERY GOOD attorney to substitute the BAD one. The new retainer agreement also calls for the payment of 33 1/3 % of the settlement amount etc..... 

After another year, the VERY GOOD lawyer manages to get you a sizable settlement agreement for let’s say $350.000. GREAT you say...$233.345 for you for compensation for your injuries, and for your VERY GOOD lawyer $116.655.. CASE RESOLVED you say...Right ??? WRONG !! 

Your happy fairy tales dream is quickly shattered when your VERY GOOD lawyer tells you that your former so called “GOOD” BAD lawyer who sat on his ass for most of the time he was your “attorney” and did nothing for you, has sent your VERY GOOD lawyer a statement of “HIS FEES & COSTS” in the amount of $$85.000. And now that your case has been settled, he wants “his money”. 

As security, your former so called “GOOD” BAD lawyer has sent your VERY GOOD lawyer a copy of the “LIEN” he has placed on the outcome of your case. To make matters worse, the shyster insurance carrier adjuster, sent the settlement check payable to YOU, the BAD lawyer, and the VERY GOOD lawyer’s name. 

Your VERY GOOD lawyer wants to sign the check but won’t until the BAD lawyer reduces his extortionate fee to a much more realistic amount, like $200. 

The BAD lawyer tells your VERY GOOD lawyer, he did LOTS, and LOTS of work on your file and he is entitled to get $85.000 pursuant to a valid LIEN and that he’ll only sign the settlement check once his entire amount is paid ... YOU want to sign the check so you can get your $233.345 so you can feed your family who by now are near starvation... BUT at the same time, you tell your VERY GOOD lawyer not to pay the $85.000 claimed by the BAD lawyer.. .

So in the mean time YOU as the client get NOTHING.... That’s what the NEW California Supreme Court case of Fletcher v. Davis (2004) 33 Cal.4th 61 is designed to avoid... 

Under this new mandate, the BAD lawyer can’t just hold the former client hostage or the payment of his extortionate unearned fee by withholding signing off on a settlement check. In fact the mandate states that the BAD lawyer if he has a dispute over his fee with the former client, or vice-versa, he must IMMEDIATELY take steps to resolve the issue without causing an adverse HARM to the former client. 

The BAD lawyer must get declaratory relief from the court, or by arbitration of the fees IMMEDIATELY. He cant just play dilatory games and hold off endorsement of the settlement check in a capricious fashion, with the sole intent to force the payment of a fee that’s been disputed by the client..

The mandate suggested placing the disputed amount in a neutral account if agreed by everyone, where no one can get it while the determination process is obtained. If that meets with everyone’s approval, the rest of the settlement proceeds MUST be released to the client... 

The mandate clearly indicated that it’s the BAD lawyer who must seek judicial intervention or Arbitration IMMEDIATELY and not the client.. 

So if you are in a similar situation and you have a so called “GOOD” BAD, lawyer who you are contemplating FIRING and if you do and he gives you a load of CRAP about his “Lien clause” etc, YOU can now tell him to pound sand... 

Or if you are contemplating retaining an attorney and you read that portion of his retainer agreement which contains a LIEN clause, it may be a good idea to have him/her explain in detail what that clause means, and INSIST to include an hourly breakdown of his fees in the event of premature termination (OR you FIRING his ass) 

In other words, agree to a LIEN clause, but for the reasonable amount of work ACTUALLY performed, at the rate of let’s say $250 per hr (or less if you can get it) in any event make sure he/she is a VERY GOOD attorney .. Don’t get suckered. GOOD LUCK. 

I hope this posting has helped you. If it has, and you have your own story to tell, please do so and share it in your comments below. Thanks for Visiting our Blog... 

(DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. If you need an attorney ,The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)

YOU WANT WHAT ? "GOOD" CLIENTS ONLY? YEAH RIGHT --GIVE ME A BREAK!

"Can I be your "GOOD" client ?? 
I won't ask or say anything..

"Everyone in the world wants "Good" things. No one wants BAD. You want a good job, a good car, good salary, good life etc. You want everything "GOOD". But what may be "GOOD" for you, it may just be the "WORST" for others.. specially if if you are a BAD, LAZY & ARROGANT LAWYER who hurts clients..

A BAD, LAZY & ARROGANT LAWYER is no different than you and I when it comes to wanting "good" things. The only difference is the definition applied by the BAD, LAZY & ARROGANT LAWYER, to the word "GOOD"

To a BAD Lawyer, the word "GOOD" has a very different meaning when it comes to the type of "CLIENT" or "CASE" he is only willing to accept..  If is a personal injury matter, a BAD, LAZY & ARROGANT LAWYER will only accept such a case if it has LOTS and LOTS of undisputed liability from the defendant, and LOTS and LOTS of DAMAGES to you the client.

To a BAD, LAZY & ARROGANT LAWYER, a "GOOD" client is one that does NOT fit into any of the following categories below. But if you do, a BAD, LAZY &ARROGANT LAWYER will NEVER  represent you.. BUT in fact will go out of his way to avoid you as a client at all costs:

1. The Angry Client:

To a BAD, LAZY & ARROGANT LAWYER, an angry  client is the potential client who is full of rage over what happened to him. A BAD, LAZY & ARROGANT LAWYER, feels that just because the anger is directed at the person or entity who caused  the harm or injuries, , it doesn't mean it won't be directed at him in the future. To a BAD, LAZY & ARROGANT LAWYER, if a client seems to have anger management problems it is best to stay away from such a a client. To a BAD, LAZY & ARROGANT LAWYER, this type of client is "NOT GOOD ENOUGH" and far too likely to make his life miserable. To a BAD, LAZY & ARROGANT LAWYER some things are not worth the money and that includes not representing  this type of client..  So to a BAD, LAZY & ARROGANT LAWYER, only "HAPPY" clients need to apply.. You know.. the type who are "Happy" over their accident, or their wrongful incarceration.

2. The Vengeful Client:

To a BAD, LAZY & ARROGANT LAWYER, this type of client is often the same as the angry client but not always. To a BAD, LAZY & ARROGANT LAWYER, the vengeful client is the one who follows the mantra that "revenge" is a dish best served "Cold". The BAD, LAZY & ARROGANT LAWYER, thinks this type of client only hires a lawyer solely to make another person's life miserable. To a BAD, LAZY & ARROGANT LAWYER, if you are this type of client, you are more interested in hurting people than in achieving some positive goal, and as such, a BAD ,LAZY & ARROGANT LAWYER will avoid representing you ..  WHY ??  Because a BAD , LAZY & ARROGANT LAWYER feels he could easily become the next target of the vengeful  client's hit list... (specially if  the BAD lawyers botches  your case)

3. The Unrealistic Expectations Client:

To a BAD, LAZY & ARROGANT LAWYER, there are four kinds of  an unrealistic client. (1) Expectations about service; (2) expectations about time; (3) Expectations about costs; and (4) Expectations about results...( could this be because of the many lies and falsehoods told to the client

 by the BAD, LAZY & ARROGANT LAWYER to entice the client into retaining him) A BAD, LAZY & ARROGANT LAWYER, will often times verbally tell a client his services are the BEST, or that he can make things happen rather QUICKLY, ( and then he'll jack up his fees, if he sees the client is in dire needs, or if he/she is indigent) .. and lastly, a BAD, LAZY & ARROGANT LAWYER, will verbally tell a prospective client, he "HAS NOTHING TO WORRY ABOUT" because now  you are "In good hands"

Because of such verbal unrealistic falsehoods and misrepresentations, the end result will be an Unhappy client and a confrontation will result, when the BAD, LAZY & ARROGANT LAWYER's "promises" are not kept. If you are this type of client, you must establish the ground rules on what to expect from the BAD, LAZY & ARROGANT LAWYER, from the very beginning.

To a BAD, LAZY & ARROGANT LAWYER, if such a client persists in requesting that all verbal promises made to the client at the onset of the interview be in writing, a BAD, LAZY & ARROGANT LAWYER, most likely will NOT represent you and will recommend you find another attorney.

4. The Inappropriate client:

Law school does not spend a lot of time teaching BAD, LAZY & ARROGANT LAWYERS how to fairly  and appropriately treat a client. To a BAD, LAZY & ARROGANT LAWYER, this type of client is to be AVOIDED at all costs specially when he/she turns down  a BAD, LAZY &.  ARROGANT LAWYERS proposal of exchanging sex for legal services. If a BAD, LAZY & ARROGANT LAWYER, wants to trade sexual favors for legal services, the client needs to very quickly establish that this will never be an option in the attorney-client relationship. And if it occurs, immediately;y REPORT the incident to law enforcement and to the appropriate Bar Association. If the BAD, LAZY & ARROGANT  accepts this rule and drops the idea altogether, then there may be no problem in the BAD, LAZY & ARROGANT LAWYER going forward with representing the client. However, if the BAD, LAZY & ARROGANT LAWYER, persists in trying to seduce  the client or if the client believes he or she will yield to temptation over time, it is best to terminate the attorney-client relationship immediately. No client should risk his/her case or life over a BAD, LAZY & ARROGANT LAWYER's advances who is only  pretending to care for his client to get sexual gratification.

5. The Rude Client:

To the BAD, LAZY & ARROGANT LAWYER, most clients are difficult to deal with anyways. A BAD, LAZY & ARROGANT LAWYER, would  much rather deal  with indigent clients who don't ask or demand good services. To a BAD, LAZY & ARROGANT LAWYER, an "ASSERTIVE" client is to be "AVOIDED" at all costs possible, and a BAD, LAZY &ARROGANT LAWYER will turn away an assertive client without losing sleep over It. But a BAD, LAZY & ARROGANT LAWYER, a rude client is another matter entirely. A BAD, LAZY & ARROGANT LAWYER, will categorize a client being rude simply for standing up against being  disrespected by the BAD, LAZY & ARROGANT LAWYER, ..

To a BAD, LAZY & ARROGANT LAWYER, a client is "RUDE" if he will push him to DO HIS JOB he was retained to do, or demand that his inquiries about his case be answered, and Rude and annoying if such a client tries repeatedly to get a simple phone phone call or a message or an email returned. To a BAD , LAZY & ARROGANT LAWYER a client is "RUDE" when he/she will not appreciate the BAD, LAZY & ARROGANT LAWYER, 's failure to protect him/her during a deposition or in Court. To a BAD, LAZY & ARROGANT LAWYER, a client is considered "RUDE"  for being critical over his continued failure to make the proper appearances in court on his behalf. And to a BAD, LAZY & ARROGANT LAWYER, a client is "RUDE" and not satisfied when the results obtained are dismal compared to the ones promised  by the BAD, LAZY & ARROGANT LAWYER.. To a BAD, LAZY & ARROGANT LAWYER, every interaction with this "RUDE" client will be unpleasant so a BAD, LAZY & ARROGANT LAWYER, will never represent you because most likely to a BAD, LAZY & ARROGANT LAWYER, when your case is lost, a "RUDE" client will want a refund, Or report you, or even SURE you...To a BAD,M LAZY & ARROGANT LAWYER he will consider a waste of time representing a "RUDE" client..

So our suggestion, and opinion.. DON'T WASTE YOUR TIME, with a so called "GOOD" lawyer and if you are already stuck with a BAD, LAZY & ARROGANT LAWYER and he does any of the above and he thinks you are "RUDE", you are probably better off getting a BETTER lawyer....

If something similar to the above has ever happened to you, we welcome your comments and ask you to share any similar experiences  THANK YOU...

(DISCLAIMER: No portion of this post should be considered as giving legal advice, but is t be used for informational purposes only. The publishers of this post are NOT LAWYERS and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)

GOOD vs. BAD LAWYERS

FAMOUS QUOTES BY LAWYERS

BAD LAWYER

 

 A BAD LAWYER WILL SAY:

QUOTE:  "Of course divorce is the only course for you. You got plenty of grounds. and I suggest we get started right of way before he/she beats you to it"

PROBLEM: If a lawyer tries to push you  into filing for Divorce, or to push you into any other action that you are not ready to take, don't go back to him/her.

QUOTE: " Don't worry about a thing; I'll take care of everything."

PROBLEM:  with these types of large promises, you may have a hard time getting this type of lawyer to take care of anything, even returning your phone calls.

QUOTE: "Don't even think about my bill. It will come out of the settlement"

PROBLEM: You are ultimately responsible for your own lawyer's bill, and it's important that you know FROM THE BEGINNING how will the work get computed.

QUOTE: " I'll make all the decisions. Trust me.. That's what Lawyers are for"

PROBLEM: your lawyer should be an advisor and your representative not your boss.

QUOTE: "You are not going to understand any of this, So I wont bother explaining it or sending you copies of anything. Why confuse you with the facts ?"

PROBLEM: You don't deserve to be patronized on top of all other things you are going through.You are entitled to know what's happening in your case and to receive copies of all correspondence and court papers.

QUOTE; "It's all in who you know, and I know all the judges"

PROBLEM: Any lawyer who makes a statement like this, is revealing  his or her own lack of integrity and competence.

STATEMENTS A COMPETENT AND 

GOOD LAWYER IS LIKELY TO MAKE:

GOOD LAWYER

" Are you certain that the marriage is over ? Have you had counseling ? Would you consider reconciliation .?"

"I cant make any promises, but I will make my best effort to secure a reasonable agreement for you. I'll arrange for us to meet with your spouse and his/her lawyer to negotiate a settlement, as soon as financial statements have been exchanged"

"To make sure that we are both clear about the fee agreement,I'll put it in writing and we'll each have a signed copy"

" I am accessible. I can almost always return your call by the end of the day. If you have an emergency, be sure to say so when you call".

"I'll send you copies of all the correspondence and pleadings as I receive them, and I will consult with you before taking any action in your case. I also expect you to keep me posted about significant changes "

"A contested Divorce is the last resort, and a very difficult process. you are far better off with an agreement, but an agreement does require flexibility and compromise on both sides"

" I am here to advise you, to inform you and to represent you, but not to make your decisions for you"

(DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposed only.The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)