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What can I do if my lawyer lied to me?

 
 
Reply Mon 15 Aug, 2011 10:15 am
So I recently hired a lawyer to represent me in an out of town speeding ticket. I paid him in full and he has all the documentation. I called him today because I had not heard from hom (my court date was 7/30) and was told he would call me right back. Calls back and tells me there was an "error" and I would need to take something to my local DMV saying my DL was suspended in error and pay 60$ to have it fixed. I called the DA where the ticket was and low and behold the lawyer forgot about my case and faxed over whatever it is he does RIGHT after he got off the phone with me. Before I call and swear him up and down, is there anything I can do if he doesnt care?
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Type: Question • Score: 7 • Views: 3,587 • Replies: 9
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JTT
 
  1  
Reply Mon 15 Aug, 2011 10:26 am
@scottsims1,
The first thing you should never do is phone him and "swear up and down at him". That will mark you as an idiot. What you should do is DOCUMENT THE FACTS, then, DOCUMENT THE FACTS and finally, DOCUMENT THE FACTS.

Once you've done that, you'll know which way to go. Swearing at a lawyer who has made the error you believe was made means little compared to clearly presented facts that show the mistakes a lawyer has made.
scottsims1
 
  1  
Reply Mon 15 Aug, 2011 10:32 am
@JTT,
Agreed, and I would never swear literally.. My question is what accountability does he have? I was told he could be dis-barred for this sort of error. Should I ask him to pay for my time, the ticket itself and refund my lawyer fees? What is my recourse?
jespah
 
  1  
Reply Mon 15 Aug, 2011 10:36 am
@scottsims1,
Contact the local bar association, and provide as much documentation as you can regarding this matter.
0 Replies
 
JTT
 
  1  
Reply Mon 15 Aug, 2011 10:40 am
@scottsims1,
Quote:
My question is what accountability does he have?


That which a reasonable, honest and just person has. If you really know what that means, then you'll know what you are due.

Has the speeding ticket situation now been rectified, ie. are you back in the same position you were in before the ticket or have you been put at some measurable disadvantage?

I don't know all the facts but I don't see this as a wrecking a person's career mistake.
scottsims1
 
  1  
Reply Mon 15 Aug, 2011 10:44 am
@JTT,
I am not in the same position i.e I know have a suspended license until I take a half day off of work to visit the DMV and pay for his mistake. I still do not have a decision on my case, but I assume I will be found guilty and have to pay the 300$ fine. I have already paid his fees (up front). So my assessment is that I am out 160$ in fines and fees, I am out half a day of work (I make about 48$ an hour) and I will likely have to pay the original fine of 300$. SO I basically and worse than I began.
JTT
 
  1  
Reply Mon 15 Aug, 2011 10:49 am
@scottsims1,
Jespah's advice is good, but I think that people should always first try to work out these problems "face to face". As long as you are fair, honest and straightforward, I can't imagine any lawyer or person who wouldn't want to come to an honest and fair agreement than face whatever music has to be faced from the bar association.

Obviously, the operative words are "honest and fair" - on both sides.
sanfranciscolaw
 
  0  
Reply Fri 2 Sep, 2011 02:18 am
@JTT,
I think you should contact the local bar association, and provide as much documentation as you can regarding this matter. Hope you will get a good result.
roger
 
  1  
Reply Fri 2 Sep, 2011 03:27 am
@sanfranciscolaw,
Glad you could agree so completely with jespah.
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bettyBLEWITT
 
  1  
Reply Sun 11 Sep, 2011 03:13 pm
So, at the end of the day, you take the "high road: report it to the Bar and go through additional, seemingly endless red tape and grief (that which you paid to avoid in the first place) and your only "restitution" is to screw up the lawyer... OR
Negotiate with an obviously inept attorney who is technically a "criminal"
GOD BLESS AMERICA
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