Did you know it is against the Cannon of Ethics for you to get a second opinion? Once a lawyer appears, he’s an exclusive. If you go to another lawyer to confirm whether or not you are receiving good advice, that lawyer will ask some questions, quickly determine you are already represented and then will decline to give you advice under the Cannon of Ethics.
Do you know what happens if you start asking too many embarrassing questions of your lawyer? If you try to manage your employee and take too active a role in your own future? They will feel intimated, they will detect a risk of a grievance, fee dispute, or bad PR. What do you think a lawyer will do then? They will try to get you to shut up and toe the line, threaten to withdraw from your case or in the worst case they'll stop looking out for your interests while still collecting fees. I've experienced this entire range. Your other choice, leave your future and everything you care about in a strangers hands who doesn't really care about you (although they will try to pretend that they do).
Did you know you need the judge’s permission to fire your lawyer? Did you know the judge can and does refuse? He did when I tried to fire my 2nd lawyer after 2.5 years of child support was held up in escrow and I was labeled a Deadbeat Dad and enforcement actions were being taken. The only way I could get her fired was to take a page from the lawyer’s playbook, pull a stunt. I handed a note to the bailiff stating that my lawyer was hostile, not representing my interests and I was being denied my due process to competent representation.
Do you know what happens to the fees for a lawyer you want to fire for poor performance? The fired lawyer will file a motion for fees. The judge will grant it (unless your lawyer appeared in court incoherent on drugs). He also will include an order to seize assets. In my case they seized the assets from the 2.5 years of child support held in escrow. How much? Two thirds of his child support was taken away. But that’s OK, I was still on the hook for replenishing the assets taken.
So you can’t hire a competent lawyer until you pay off the incompetent one in full and then you have to come up with a retainer. This is why lawyers will freeze everything, way more than any potential settlement, so they have something to draw their fees from. And once frozen, this guaranteed source of income provides a disincentive to settling the case in a timely manner. That’s why my case is taking so long, the vampires have not sucked me dry yet, they are close, but the greedy bastards want every last drop. Then the case will end because a “good” divorce lawyer knows its time to settle when the host has been sucked dry.
Did you know a judge can deny your sixth constitutional amendment rights to represent your self Pro Se? Technically he can’t, but practically he easily can. He just needs to make things difficult for you, hold you in contempt for procedural errors and practice intimidation. I was told in chambers with no court reporter present that I would appear with new representation at the next hearing or the lawyer I wanted to be fired would remain as my lawyer. How did that appear officially? As a hand written order, continuing the motion (without decision) to release counsel and requiring my presence in chambers (as if Pro Se was to be granted). No mention was made “on the record” that I would not be allowed to represent myself.
Did you know that lawyers are allowed to harass you to the point of physical intimidation? There is a lawyer in our area notorious for that and has had over 50 grievances filed. None of them were successful, even those filed by judges, because he was merely “zealously representing his client’s interest as required by the Cannon of Ethics.” One disgruntled opposition client was indicted for putting out a “hit contract” on that lawyer (not his wife, her lawyer).
What can you do if you are a victim of this kind of “Sweet Deal”? Well stay tuned as I write some new Plans:
- Plan Pearl Harbor File
- Plan Go Public
- Plan ACLU
Status: First Draft
7 comments:
do you remember when I went public via the blog when my soon to be ex husband's zany and crazed out attorney tried to get me to take down my other blog?
Once I posted her name on the blog, the bitch started to contact me at home to intimidate me. I had to change my freakin' telephone number. Then, on top of that, she called my lawyer and said that she was going to sue me because of "defamation". But all I did was retype a letter on the blog that she herself wrote, so how is that defamation?
I thank God everyday that I changed my home phone number. I should have passed her the bill, though.
Well good point. Lawyers can dish it out but they certainly can be a whiny bunch if they have to take it.
Actually the embarrassing questions paragraph was the initial thought for this post.
Hopefully people will know my post title is sarcastic, it would be more accurate to call it "F--kin Rigged Game".
I do remember that you had posted verbatim quotes and still got tons of grief. Which is not defamation any way shape or form. It was them practicing intimidation against you. Dishing it out as only they can.
But her calling you incessantly wasn't "harassment"? Only in their twisted world, because I know if anyone else did that you could have the police at their door and their phone disconnected. But then as my lawyer said, they all have a "license to fuck" and fuckup they do, to so many people.
Instead you should have reported them to the police and phone company as harassing calls. But I understand why you didn't, because after they get done screwing someone over, you barely know which end is up. And of course that is the whole point. Maybe its not too late?
Actually it may be a violation of the Cannon of Ethics for her to contact you directly when she knew you were represented.
Filing a grievance is an exercise in futility, but at least you're on record for anyone else who is checking into that lawyer.
My idea to go public would be an act of desperation, an effort to return the fuck.
But here is how I would do it, when and if I get to that point.
I would release it to the media and let them take the heat.
But then I'd have to thank you and Kate for that idea, because it is your bad experiences that have led me to conclude that Freedom of Speech on a Blog still exposes you to quite a bit of grief. So much for that "Freedom".
So readers "Don't try this at your home". Freedom of speech is best left to "professionals" by that I mean big media outlets with deep pockets so they can hire (oh yeah) more fuckin lawyers.
I think I feel some puke in the back of my throat.
very true! My lawyer told me not to mess with that opposing lawyer bitch because she's very rich and she can put a defamation lawsuit on me with all of her cash, just to put me in the legal poorhouse.
I guess freedom of speech on a blog is strictly for the rich and powerful.
But the crazy thing is, that she had a crappy case for defamation. And there needs to be damage, how many potential clients read your Blog and picked a different lawyer? People in your city, getting a divorce at that point in time, and considering her. And since you wrote that she was tough, that may have been taken as positive by some. You shouldn't sue someone for free advertising that might attract clients.
But she would have abused the system to screw you over. Just like she's been doing to some extent and just like my wife's lawyer does.
But reason does not prevail, so when the lawyers get ridiculous and abuse the courts power and harass the opposition, they get away with it.
And after you were broke trying to defend the defamation, it would likely be dismissed as insufficient evidence. So you'd be right and broke. Great!
But she was out of line calling you directly when you were represented. That's one of the few benefits, she is not allowed to talk to you about anything, she has to go through your lawyer.
Sol, if that reoccurs, you really should consider filing phone harassment charges. They are only allowed to harass you in court, not on the street or your home.
I was talking to the person (adult) who delivers our newspapers, same crap, same abuse. It's everywhere you look.
BUT THAT DOESN'T MEAN WE SHOULD PUT UP WITH IT! WRONG IS WRONG!
PS: Thanks for the reminder, since your old Blog is down, it's good to bring up that point for others to see.
JQ,
I am not going to worry about you and this situation because I am an optimist and I BELIEVE good will prevail. You are a great dad...that is all that matters. Enjoy each day even when things are tougher than nails...this too shall pass!!!
Keep in touch.
I am outta the blog game for a bit!!
ALL my best.
hint: for a bit? oooh, then you're coming back??? :)
Post a Comment