Re: Grievance response - PLS HELP

More | Report Post

My response is 9 pages long, not including atachments. Is it
better to responde minimally, or do a detailed response outlining
the whole case? Does whoever sees the response care about
detail? Please help - it's due Mon.!!

On 10/28/05, Frank wrote:
> 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.