Re: Lawyers giving false information to client

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On 9/13/02, SCH wrote:
> We have had numerous attorneys jeopardize our case,
risking
> it going past the statute of limitations, by giving us
> false information that delayed our decision to sue. The
> state bar association has refused to reply to my inquiries
> as to what the real facts are, and why we were so badly
> misled. We only found an attorney who was straight with
us
> by going outside the area of specialty/practice that we
> were continually advised to stick with. Has this happened
> to anyone else

My experience at going after an attorney was to retrieve my
fee from him in Texas. The State Bar Association of Texas
takes the complaint and ONLY IN WRITING. An investigator is
assigned the complaint, and if it meets the threshold of
incompetency, then, it is elevated to a registered
complaint. The Bar and the Supreme Court of Texas handles
going after attorneys for malfeasance, incompetency and all
the other matters of malpractice.

Volunteer specialist attorneys are assigned by the Supreme
Court of Texas to handle the area that you are complaining
about. It is very important that the complaint be well
written and in lawyerly fashion. If you are not specific,
then it will be determined to be vague they will not pursue
the case. The Supreme Court of Texas is your advocate in
Texas for going after an incompetent lawyers, malfeasance,
the unofficial practice of law, etc. When it becomes an
Official Complaint, the Bar/Supreme court WILL investigate
the case, serve the lawyer with notice and a hearing will be
scheduled.

The lawyer has to respond. All complaints are permanently
kept in his file for future inquiry also, so they don’t like
this at all. The Bar also allows them to settle with you and
thereby ending the case before it goes to a hearing, the
appellate process, etc. You can research and get a copy of
statutes on this process, etc., You can obtain a copy of the
statutes from the bar or get a copy from any Law Library.

In conclusion, it may be possible that you only telephoned
someone at the Bar, and they don’t respond to telephone
calls.

If did get to speak to an investigator, they are very busy,
and do not try to help anyone over the phone. They only
work on written complaints, and don’t give much credence to
phone conversations. Also, in your complaint, you need to
express very susinctly what you are asking for (the specific
issues ) and the remedies you are seeking. You may not be
able to obtain damages from "bad lawyers" other than the
fees you paid them for their "poor advise". Also, I don’t
think an attorney is liable for money damages to you for
remedies you may or may not have recovered in the cause of
action that you sought their counsel on.

Re: Lawyers giving false information to client, 9/28/02, by SCH.

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