Re: Grievance response - PLS HELP

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Your handling of the case was not perfect. Therefore, you have some
exposure. My advice--bury them in details with explanations of what
you did and why and who you talked to and why. Particularly
emphasize the amount of communication you had with your client and
what was conveyed to him each time. And mention that there has been
no harm to your client.

Don't be argumentative. Don't be contrite. Be straight-forward.
Just the facts. Remember, you are your client. Represent yourself
as well as you would represent any other client.

On 11/03/05, Frank wrote:
> 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.