T.R | Title | User | Personal Name | Date | Lines |
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69.1 | Here's a few | USEM::MCQUEENEY | Panache = the art of faking it. | Fri Jun 15 1990 11:50 | 31 |
| Well, since I've had both good and bad luck using myself, and nothing
but bad luck using an attorney, I'll come up on the "pro" side overall.
Pros = It's a lot cheaper.
Many judges are sympathetic.
I'm not apt to bargain myself down the river 'cause
I'm chummy with the other attorney.
I'm apt to try for the longshot, that attorneys might
not feel is worth the waste of their time.
I KNOW I have MY best interests at heart.
Mine is the only case I care about. I've heard from
at least one attorney the quote "Look, you may have
to live and breath this, but I don't!" which tells me
right off the bat how important I am to that guy.
Cons = Lots of library time reading the laws.
Need to make several trips to courthouses to check and
make sure you're following proper procedure.
Getting out-conned by a swift talking shyster. I don't
care what anyone says, going into a courtroom is going
to give you the jitters unless you've had YEARS of
experience.
Looking like a fool if you quote some precedent out
of context.
Losing because of inexperience.
Those are the major ones I can think of off the top of my head,
from my own recent experiences. Feel free to add or comment.
McQ
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69.2 | | JAIMES::STRIFE | | Mon Jun 18 1990 08:31 | 23 |
| re .1
I read your response Friday and am still intrigued by your interpreting
your attorney's statement that "You may have to live and breathe
this..." as meaning that you weren't important to him. To me, a
cardinal rule of practicing domestic relations law is remembering that
you aren't just dealing with property and money, you're dealing, on a
very fundamental level, with people's lives. Sometimes what may look
like a very reasonable compormise to me, may not be something that the
client can live with and, in these cases, they will literally have to
live with it. Therefore, when discussing a potential compromise with
a client, I will often give them my take on it and then ask them to
make sure that whatever the decision they are comfortable with it
(And not agreeing just to get things over with) because they have to
live with it I don't.
Not knowing the context in which your attorney made the remark, I can
only assume that he was trying to impart the same sort of message. I
hope so..... I also have to wonder if any of my clients have
misinterpreted what I've said to mean that I don't care.
Polly
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69.3 | | USEM::MCQUEENEY | Panache = the art of faking it. | Mon Jun 18 1990 13:22 | 9 |
| Re: .2
Oh, I'm sure that's not what this guy meant at the time. I was
not pleased with the amount of effort he was putting into the case,
and I let him know it in no uncertain terms. The "...but I don't!"
was his response to my complaints. I dismissed him shortly thereafter.
McQ
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69.4 | | BARTLE::STRIFE | | Tue Jun 19 1990 10:36 | 3 |
| RE:. 3
And well you should have!
|
69.5 | my openion | CSC32::HADDOCK | All Irk and No Pay | Tue Jun 19 1990 11:49 | 35 |
| I have to agree with what McQ said in .1. I started being my own
attorney ( a fool for a client ) after I had one lawyer violate
privileged information and give another attorney information that
other the knew the other attorney was intending to use in another
case, and another attorney was just plain incompetent (he's now
a judge--I dearly hope he's a better judge than he was a lawyer).
The biggest pitfall is being able to keep your cool and think on
your feet. In Colorado anyway, the Judge is bound by the Rules of
Civil Procedure or the Code of Judicial Conduct (I don't remember
which) to "cut you some slack" when being your own attorney. In
other words, you shouldn't loose because you "didn't do it right".
The biggest plus is that you *know* you have your best interests
at heart. I don't care what you see on Perry Mason, an attorney
is not likely to do anything that will get the Judge that he will
have to plead other cases in front of, or the lawyer that he may
have to ask a favor from or get to cooperate on another matter
p.o.ed at him. His main concern is likely going to be his own
career and colecting his fee.
The Bar Association in most states subscribe to the Code of
Professional Responsibility. You can find it in most libraries.
The Colorado Revised Statutes contains a copy. I'd advise
anyone who is doing or going to do any heavy duty dealing with
attorneys to get a copy of these and a copy of the Code of
Judicial Conduct and read through them. It's pretty dry reading,
but very eye-opening information.
If you're having a problem with a lawyer, call the local Bar
Association. They will probably not give you any advise on
what to do, but can tell you how to file a complaint with the
proper authorities.
fred();
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69.6 | Code of Ethics | JAIMES::STRIFE | | Wed Jun 20 1990 07:37 | 20 |
| Actually Fred, Bar Associations are merely professional
organizations that attorneys belong to -- some choose not to.
The code of professional ethics is something that attorneys throughout
the country are required to adhere to. In fact, there is a muti-state
professional responsibility exam that you have to pass before you
can take the bar exam. (This requirement is only 5-10 years old so
some of the attorneys who've been practicing awhile wouldn't have had
to pass it.) States have licensing/policing bodies -- in Ma. it's the
Board of Bar Overseers -- who are charged with ensuring that attorneys
are meting the code. If they find behavior that is unprofessional/
unethical they bring an action before the court that admits attorneys
to the "Bar" in that state. They also recommend the penalty which
can be anything from a private reprimand, public censure, practice
only under supervision etc. to suspension from the Bar or -- worst
case -- disbarrment.
If you have a real complaint about an attorney -- i.e. (s)he divulged
confidential information -- you really should file a complaint.
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69.7 | I tried | CSC32::HADDOCK | All Irk and No Pay | Wed Jun 20 1990 08:36 | 12 |
| re -1
I did file a complaint-complete with COURT TRANSCRIPTS where the
other lawyer said that he got this informtion from my *former*
lawyer.
The investigating committee's response:
"We find that the incident stated in the complaint did not
happen".
fred();
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69.8 | Sorry to hear it! | BARTLE::STRIFE | | Wed Jun 20 1990 18:40 | 10 |
| re -1
Can be tough to prove some of these things. And, quite frankly,
attorneys are very reluctant to testify against another attorney. I am
surprized that, with court transcripts in hand, the committee could
come up with tht response. Unless, of course, the other attorney
explained that that wasn't really what he meant.......
Doesn't make me very proud of my profession..........
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