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

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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.
From these facts, I don't see any way you would be disbarred
or suspended. In my opinion, you must take this seriously and
answer in as much detail as possible and address each point in
the complaint. Unless you did something wrong, which it
doesn't appear you did, there is no need to be apologetic or
contrite. Just refute each point in the complaint and the
matter will probably be dropped by the disciplinary committee.