Comments on: Sustained Objection: Lawyer discipline still inadequate

By: Ann Marie

Ann Marie — Wed, 02 Jul 2008 10:11:16 +0000

This divorce has dragged on for four years. The transcript of his testimony is as thick as the yellow pages. Two courts called him inconsistent, and fraudulent, yet my attorney stood by doing nothing as my house was put up for foreclosure, my child support was mistakenly removed for seven months and I fell into poverty. Well, almost nothing, now, he wants to have himself removed as my counsel for non payment before equitable distribution and the domestic relation matter is resolved. He actually lied to me and told me that I could not ask for legal fees in the support matter.

By: David Giacalone

David Giacalone — Fri, 06 Jun 2008 23:41:14 +0000

Thank you, Mr. Steinmetz, for taking the time to share your suggestions here at f/k/a. You can find more information about discipline systems in each state at the HALT website. Along with its 2006 Attorney Discipline Report Card, HALT noted that: "Public Participation --- On most hearing panels just one out of every three members is a non-lawyer. Six states - California, Hawaii, Kansas, Mississippi, South Carolina and Tennessee - do not allow a single layperson to hear evidence in disciplinary proceedings. Idaho is the only jurisdiction in the country where non-lawyers comprise the majority on hearing committees." See, in general, the HALT Lawyer Accountability Project.

By: William Steinmetz

William Steinmetz — Fri, 06 Jun 2008 23:14:38 +0000

Hi. This is a subject that has interested me for several years. My suggestion is to promote a state proposition to take control of the Bar association from the attornies ie require that 2/3 of the members of the governing board be non sttornies 1/3 could be elected and i/3 appointed.

A number of states ( Arizona is one of them ) allow for direct vote propositions on issues which the legislature for whatever reason doesn’t wish to handle. It requires $ to get such a proposion on the ballot but I blieve it can be done.

My guess if handled properly such a proposition would be positively received by the public ( not by most attornies ) Once passed the board of governors of the bar could spearhead needed reformmwith full public disclosure.

I would suggest picking the first state wisely ( California would be too expensive ). My guess if such a propsition were passed the idea would catch fire and be introduced in other states as well.

By: Sherrell

Sherrell — Tue, 19 Jun 2007 02:44:48 +0000

My 88 year old Mother hired attorney for a stolen idenity & charges that call for a summary hearing. She ask for $5,000. but accepted $2500. Several days later, the summary hearing was dropped due to the debtor received information that was submitted. The attorney received 7 phone calls from my Mom and myself and never returned any. She kept the $2500. and charged us a $175.00 phone charge that we called to tell her that the summary hearing charges were dropped. For 6 months she continued to charge us & we never talked to her. Isn't that excessive and she continued to work on the idenity theft after we told her secretary that she could keep the monies for the letter she wrote and send us the remaining money. She kept it all and stated my Mother owed her $300 more and she would write it off. What is this all about?

Editor's Note: Sherrell, I'm sorry that your Mother is having these problems with her lawyer. You need to seek help from bar agencies or organizations in your State that have been established to help with fee disputes and attorney misconduct. You can get helpful information from the legal reform group HALT, by clicking here. One useful HALT document is "I Have a Problem with My Lawyer, What Can I Do Now?". HALT also has a HelpLine, which you can reach by calling 1-888-FOR-HALT. The county or state bar association where you live will probably have a fee dispute committee. I suggest contacting them, if you have not done so. If the attorney will not agree to cooperate with the fee committee, you can file a grievance with the state disciplinary authorities. The American Bar Association has compiled links to the Lawyer Discipline Committees in each state.

By: Mary D. Wojkowski

Mary D. Wojkowski — Mon, 12 Feb 2007 17:43:23 +0000

Replying to my own post – I have established a domain to vent my anger, inform Ohio folks facing divorce, and let the world know of the lies and misdeeds and incompetence of the lawyers, magistrate, judge, sheriff’s deputies, and my husband. The “systems” fail those they are meant to protect, and justice is not served when criminal behavior is ignored or not actionable, and pennyless old housewives are abandoned. (Do I sound bitter? Well, yes, I AM !)

The domain has just begun, but will continue to grow with details and hard evidence . . . . .

By: Mary D. Wojkowski

Mary D. Wojkowski — Sun, 02 Jul 2006 23:28:06 +0000

My divorce attorney was contacted by my spouse regarding filing his complaint for divorce – he said he spoke to her, she admitted he had an appointment, but stated she recognized the name from potential action from me 3 years earlier and so didn’t speak to him; the first Magistrate assigned was my husband’s divorce lawyer in a previous divorce; despite evidence and confessions of his financial misconduct and abuse, the Magistrate’s decision drew unfounded conclusions; my lawyer worked against me, filing ridiculous interrogatories and unreasonable demands for a deposition of my husband, supposedly to prove his hidden assets. She prejudiced the court against me; she never did do the deposition she stated was needed to prove his hidden income. I gave her all the proof via bank deposit records/ P&L’s/ billing statements/ and income tax forms. She didn’t use the documentary evidence, didn’t subpeona official bank records, and basically tried to get me to pay half of expenses for husband for credit card records and an appraisal done by his lawyer’s choice of appraiser (to whom it was suggested that they thought the online tax appraisal was closer to the true value than an appraisal done 4 years previous.)

Then, twice, she filed for withdrawal (excuses of non payment per contract, my inavailability, my criticism of her attitude and performance. The Magistrate didn’t move on the second until two days before my deadline to filing objections. My original 3000 fee was long gone (only had that because my mother died six weeks prior to his filing). She knew this was the limit of my available funds. I’ve had to use charge cards (now over 10,000 in debt) and borrow $6,000 from my daughter to cover cash only expenses and minimum credit card payments. She drained me of every cent, and now I’m facing an objections hearing without counsel. She never got me temporary support, delayed hearing dates for her own convenience and billed me for them, would not negoitiate on fees, explain fees, correct billing errors, or make arrangements – but they accepted partial payments until deadlines approached, then demanded payment in full; plus, her contract had added contingency clause, giving her an open hand to charge whatever she wished after judgement. The Magistrate granted her motion to withdraw two days prior to my deadline for filing objections to his decidions. The local Bar Association never returned any of my calls (she’s a member.) Legal aid won’t take up a divorce case in progress. The lying, perjuring party wins – the stupidly honest wife loses. My list of grievances goes on, and I will file them with the state board – but, I’ve little faith in the system. I truly hope that the reforms you speak of herein come to pass. It may all be too late for me, but hopefully it will mean a more fair system of “justice” for others in the future.