Re: Grievance filed: what do I do? PLEASE HELP

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Thanks for your advice, everyone.

I have my notes from each conversation I've had with client, but
I have not written him a letter reciting every conversation we
ever had. Will my handwritten notes be sufficient?

Client has not paid me anything. CLient came to me through a
legal referral service, where you get paid at the end of the
engagement.

So I should go ahead and terminate the relationship? I didn't
want to do anything that would provoke the grievance panel. If
I do it according to the rules, though, there should be no
problem, right?

Client had 2 arguments. One we discussed in July, and I told
him it would be very difficult to win, so he decided not to
pursue it. The other argument involves profit-loss from online
stock transactions. The online broker provided profit-loss info
that differs from what the client thinks is accurate. I told
client to contact the online broker, and to get complete records
of the purchase price (basis) and sales price. To this day, I
still do not have this information. I have a hard time seeing
how I abandoned a case if I still don't have all the correct
information.

When I answer the grievance, can you provide any advice on the
tone of the answer? I was thinking I wanted to appear humble,
and sorry that this whole thing happened, but at the same time,
it's not my fault.

Thanks again. I feel much relieved after reading your responses.

Frank

On 10/27/05, Curmudgeon wrote:
> And learn the lesson--put everything in writing. If you speak
> on the phone to a third part, write a letter to client
> informing him. If you speak on the phone to the client, write
> a letter confirming the conversation. If its not in writing--
> it doesn't exist.
>
> I had half a dozen complaints filed against me. For every
> one, I could just send back copies of the correspondence and
> every one was closed without further investigation.
>
> On 10/27/05, Prairie Dawg wrote:
>> Has he paid you anything? If he has I'd return it, tell him
>> that in view of the fact that he's pursuing legal action
>> against you that you cannot adequately and zealously
>> represent him, tell him he can call for his file if he wants
>> it, and notify all the people you've been negotiating with
>> on his behalf that you no longer represent him.
>> Of course if he has not paid you, that makes it better for
>> you.
>> Then secure your file and maintain your correspondence file.
>> You'll get a letter and if you answer it appropriately the
>> complaint will end up in the crapper where most of them go.
>> Depending on where you're practicing, it could amount to a
>> slap on the wrist or a private letter of reprimand if there
>> isn't something going on that you have not told us about.
>>
>> On 10/27/05, Frank wrote:
>>> I posted this on the solo board earlier, and decided to
>>> post it here too.
>>>
>>> I've had a client file a grievance against me for
>>> abandonment of their case. It's a tax matter, so I've been
>>> dealing with the IRS. Client came to me in June, and I
>>> told him it could take several months to work this thing
>>> out with the IRS. I filed the 2848 Power of Attorney, but
>>> it was originally sent back because the right box wasn't
>>> checked. Client claims he called the IRS in September, and
>>> I am still not listed as the POA. I called the IRS today,
>>> got the name an ID # of the IRS rep, who told me that I
>>> was, in fact listed as the POA.
>>>
>>> In late July I contact the IRS, and discussed this case
>>> with them. I called client, told him that, based on my
>>> discussion with the IRS, I didn't think one of his
>>> arguments would fly. I told him the other argument would
>>> take enough work to exceed the estimate I had originally
>>> given to him. He was going to think about it.
>>>
>>> In late August, client called, and we played some phone
>>> tag. On Sept. 21 client sent a certified letter to me, in
>>> which he claimed that I still wasn't on the POA (which I
>>> am convinced was wrong due to my call with the IRS
>>> today). I had actually packaged up his file and was going
>>> to mail it to him, and terminate the relationship without
>>> charging him anything. Had I done so, his case would not
>>> have been hurt in any way. Now he's filed a grievance
>>> against me for abandoning his case, since we haven's
>>> spoken in a couple of months.
>>>
>>> Obviously, this is very upsetting. I've never had a
>>> problem before, and am scared of being disbarred or
>>> suspended over this. Do I need to hire someone to
>>> represent me in this? Do I call the client to discuss?
>>> Is it too late to terminate him? Please advise ASAP.