Created April, 6, 2005 2:25 AM | IARDC Stats Updated Saturday, November 1, 2008 9:00 AM Frequently Asked Questions and Knowledge Base (Opinion-Based FAQ/KB) You can hit ctrl-f to search for a word or phrase. Double-click any word for more info. Snap Shots Enabled
Q. Can I sue an attorney or law firm that is representing the other side in my lawsuit? A. Yes. If you can prove that the lawyers are aiding and abetting their client in committing fraud or some other unauthorized practice of law. See file, case law, and definition of Concert Of Action. - top Q. What is a Engagement Letter? A. It's a legally binding contract that defines the rules of your relationship with your attorney. You must have one at all times when dealing in any legal matters involving an individual you nominate to represent you and your best interest. An individual without an engagement letter with their attorney could end up having a sneak thief as a lawyer.- top Q. Why do I need a Engagement Letter? A. You'll need one so that your attorney will act only in your best interest. It will also insure that if you're not pleased with their work, or if they breach your contract, they won't be pleased with you or the revenue you handed to another more competent lawyer possibly at his or her own expense. - top Q. What are common attorney billing practices? A. Some of them include padding such as additional and extraordinary services, notes, e-mail's and letters to staff and associates, periodic reviews of materials, excessive "research", long story telling sessions, copied and tailored memo / petition template billing, excessive waiting room time, letters to staff, dreamed up time, staff conferences, submitting additional bills outside of fixed fee agreements and engagement letters. Others include bogus travel and inflamed office expenses and fees. "Billed legal 'research' is at times free legal training for attorneys." It's been know in this area that they sometimes count all of the "active" cases that they have, and bill research time to all of them in the same hour (aka double billing). If you take for example 25 or more cases and multiply that by $160 per hour, per case, your lawyer would have just self-dealed themselves $4,000.00 or more for that particular hour while they were out on the river or at the mall with their kids. They figure that the chances are null that you will get with their other clients and compare notes or legal invoices. So why not bill for "research" or "extraordinary excuses"? Here's why! "Proving that this type of activity in the legal field actually takes place is tough. Lawyers ability to prove that this activity doesn't take place is simply impossible". Also put in your mind that they could be participating in that type of activity three or more times a week. Who's going to say anything or look into it? Their clients just want the case resolved and to be done with the whole thing. Especially in cases where the divorce industry (where judges are appointed to baby sit adults and create and maintain jobs for lawyers) is justifying its existence. It's also not uncommon for a business to keep multiple sets of books. So go figure. - top Q. How do I know if my attorney specializes in a specific field? A. Remember that one attorney specializes in one area. Check your yellow pages or their web site to see what they claim their specific area of expertise is in. An attorney that is claiming to be a specialist in a particular area of law must be Board Certified in that area as well as be deemed a specialist by their peers. The American Bar Association mandates that active attorneys show a continuance in education. You will want them to produce proof in regards to that when you interview your potential employee. You can also tell them that the web would be a wonderful place for them to post their credentials and accomplishments with little or no additional cost to them or their firm. One of the benefits of web discovery would be that they and their potential clients could avoid direct discussion of this subject if their background were firmly in place on the web. Additionally, general inactive lawyers aren't required to show proof of a continuing education. Point: Stay clear of general practitioner (dragnet) attorneys when you feel you need a specialist. They're usually priced the same as a dragnet lawyer and are much better suited to handle a specialized area of law. Board Certified Legal Specialist don't require much unintelligible research time that you would otherwise end up eating. - top A. It is a mutually beneficial payment agreement between you and your attorney. It will give you the opportunity to pay a lot less and at the same time, they will have the opportunity to work a lot less and get paid more...ethically. You will want a fixed fee along with a letter of engagement arrangement as a minimum to do business with your prospective employee. Things get done when this arrangement is in place and in most if not all cases, done to your satisfaction. If your prospective lawyer refuses either of these arrangements, remember that there are many other talented attorneys out there that would quite possibly accept your legal engagement offer and might end up being a better performer in your case. Remember to cordially mention this site to them when leaving their office or ending your phone or e-mail correspondence. They might in some way find it useful. - top Q. Should I include travel time in my engagement letter as a billing exclusion? A. Yes. Your lawyer is earning their living being a lawyer; not a traveler. Travel time is one of the most popular and unethical methods lawyers use to pad their clients. It makes sense to think that they are in fact your attorney no matter where they stand or what they do while they are entrusted to your cause. They have operating expenses at their office and that's covered by the fee you agreed on. The car or plane should be no different and should not be seen as an office fee when they're not in the office. Fuel, reasonable airfare and lodging are acceptable expenses; but nothing more. There's also a salvation army or McDonalds™ in every town if ol' boy gets hungry. Besides, I never asked my past employers to pay for my lunch breaks so why should they. If they gripe about it, just tell them to think about or pretend to work on another case while they're on the road and bill that client or all of their others "accordingly". Remember that research is research no matter where they stand. - top Q. What common types of crimes do some attorneys commit? A. Stealing from clients, forgery and uttering, using clients trust funds for personal use, misleading a client in regards to the status of their case or to obtain a gain for themselves or another client, charging excessive fees knowing they will need little time to resolve a legal matter for their client or lying about qualifications in order to obtain a fee. These are some of the few intentional acts of malpractice. Unjust enrichment, and billing a client to review and evaluate the economical value of a case for the benefit of the attorney can also be construed as fraud. - top Q. What is an Unintelligible Bill? A. It's a legal bill for services rendered that contains mostly invoices such as "research", "planning", "review" or other vague entries. Since there's no way for the court to determine their purpose, they've been disallowed as legitimate billable time. Unintelligible bills can be voided according to the rules of professional conduct. - top Q. What are Unbundled Legal Services? A. Unbundled Legal Services allow you to buy "pieces" of legal services from an attorney. Since 2001, the ABA removed the requirement that a lawyer see a case in its entirety to its end. The removal of this limitation allows Pro Se individuals to buy specific services from attorneys so they can do the footwork that the attorney would otherwise do on behalf of their client. THIS SAVES MONEY and can save a lot of it if you are involved in a case where the other side is clearly dragging their feet as well as their hands, or if you are in a war of attrition's with the wealthier side. Coaching is a good example of ULS or limited scope representation. - top Q. What is the "Old Boys Club"? A. It's a group of legal professionals that show economic and social favoritism towards each other within their area. Law firms of considerable size and/or are members of the country club, or that have a particular "last names", and/or do a lot of business with the court system (revenue generators) are considered at most times "Old Boys Club" members. Among other things, these attorneys will not sue or report attorney misconduct of another lawyer that they, or their country club friends know or know of in their geographical area. Also, this "club" dislikes lawyers that are not "home boys"; lawyers that are from other parts of the state or are based out-of-state that are licensed to practice law in Illinois. Ask yourself, why would a lawyer need to belong to a group that provides preferential treatment? Maybe it would have something to do with their qualities as humans, or that they're lacking an ability in one area, and feel that they need to make up for it in another. See: Good Ol' Boy Network Tip of the day: If you need an attorney, go with a home boy that's not a club member. In determining who is a "club member", present this site to your prospective attorney and purchase and study the books listed on the home page or at the bottom of this FAQ. These resources may also help you root out the lawyer that has their own best interest in mind as well as at heart. - top Q. Why is the legal business so big and expensive? A. Money and Greed! After all...The legal industry is geared to make money as well as create and maintain jobs for those in various facets of the law; namely the financial and divorce industries. It also gives attorneys a license to steal if their clients aren't hip to their ways. The perfect crime for lawyers to commit is imposing bogus fees for "services" or "excuses" rendered when they know that a "rubber stamp" payment is available. There's a public consensus in regards to this matter that states that the growth in the legal industry is related directly to an attorneys ability and will to commit the "perfect crime". It's called SIGNING THEIR OWN PAYCHECKS through unsubstantiated, unintelligible legal fees and underhanded collection practices that their fellow club members would be more than happy to turn a blind eye to. A clients ignorance is the main catalyst that sits between an unethical lawyer and their soon-to-be unfairly "won" prize. Note: As long as it's dressed up to look like something else, a business, such as a law firm, will always do well if it owns its own laundering and legitimate counterfeit money printing press while others close to them or that are related in some way are willing to turn their head. - top I was told to have fun getting another attorney in my area to audit his legal fees. So was I...Now I'm having fun! - top A. Check out the Wikipedia entry and Rule 6.1 of the model rules of professional conduct in regards to Pro Bono. Q. What's with all of these research and memo/letter expenses in my legal bill? A. That really depends on your situation. What I can tell you is that you should always scrutinize your legal invoice until full clarity is achieved as to what it actually represents, and what results each line of the invoice has obtained for you. Like everything else in law, it must have merit to back it up. This reminds me of the issue of not having an engagement letter.- top Q. What is your opinion of the "Your Lawyer On A Short Leash" book? A. You will not want to be without it. Every home should have a copy. The money you spend on it could save you ten times the amount that you spent on it or more in legal land mines and pitfalls. Get it! - top Q. How can I tell if my attorney is learning the law on my time? A. That's tough one to determine. If anything, this site and the materials that I make reference to can help you keep your lawyer out of all-expenses-paid "night school" that you would otherwise be supplying them with. School that other clients will benefit from with no effort on the lawyers part other than making sure the invoice for the schooling gets paid. Rule 1.1 prohibits attorneys from charging clients to supply learning curves. Research and learning the law sometimes go good together like ham n' cheese. But not at your entire expense. Lawyers are expected to know the law before agreeing to take your case. That's just one of the MROPC's. It's your responsibility to make sure they prove that they know the law and have a successful and truly honest track record. It's the most important part of the interviewing process. - top Q. Is this site run by lawyers? A. The information on this site is supplied by my personal research and experience dealing with lawyers. Attorneys as well as others in the legal profession have come forward to help contribute to the legal system's inherent flaw of self policing effort through use of this site and the information that they've chosen to come forward with. | See: Conflict Of Interest Consumers of legal services such as myself and others are volunteering our time and resources to help folks make the legal arena more tolerable and reduce most, if not all, abuses of process. Note: I personally feel that the legal system can work and has worked in the past with the right people working it. It's the lawyers that look out for their other lawyer friends and, the ones who take advantage of their position in their community that represent parts of the legal system that I, and others, have a problem with. And yes, it is a big problem...It's called Corruption. - top Q. Where can I download the attorney complaint form? A. The IARDC and Illinois Bar complaint form can be downloaded here. Adobe Acrobat Reader is required to fill out and print the form. You will need to print it out and send it to the Illinois Attorney Registration and Disciplinary Commission and/or the Illinois State Bar. I recommend filing your complaint with the bar first. The complaint to the bar will stain their record permanently regardless of the outcome. Afterwards, I would suggest using the results from the bar complaint to enhance your ardc complaint. - top Q. I'm indigent and need to file a petition against another party. What can I do? A. You have the right to legal services regardless of your situation. You can option to do it Pro Se if you truly feel that you have the mental capacity, by using a lawyer that will work under Rule 6.1 or one that will work under some form of a contingency plan (family & criminal law excluded). Happy Hunting! You also might be able to get the filing fee waived (In Forma Pauperis) if you go to the county courthouse and get a waiver form from the circuit clerk. Legal aid might be able to help you get other services paid for such as discovery cost or by contacting Land of Lincoln and seeing what other options would be available to you. The availability of these options depends on your situation. Also, sign an engagement letter with your attorney. The rules apply in regards to their conduct in effectively representing you; regardless of the fee and expense arrangements you and your attorney make. Bring to their attention that you are aware that you won't be on their backlog. Also, that you expect letterhead, telephone conferencing or encrypted e-mail communications at least once a week FROM ONLY THEM, or upon discovery of any pertinent change in your legal matters. Because they optioned to work pro bono, help them realize that you expect the same performance or better is expected from them just as if they were working for a fortune 500 company. They're will be No Exceptions since your attorney MUST effectively represent you regardless of any personal matter or inconvenience. THAT'S THE RULE! They also shouldn't give you the impression that they're going to represent you the way that they want to, or they're not going not represent you for free at all. Move on to the next option if you even so much as feel a hint of that situation coming on. Dangerous waters may lie ahead for you if you don't prior to signing your letter of engagement with them. Additionally, your attorney must notify you by certified mail if they wish to withdraw from your case and must obtain a court order to withdraw. If they try to withdraw for a reason that seems fishy, meet them in court and tell the judge everything you know in relation to their attempt to withdraw from your matter. Especially if somewhere down the line they "discover a conflict". Them knowing that you'll do that in front of a judge might tighten things down a bit. After the attorney-client relationship has established itself, they're yours. Never get frustrated and let your attorney go if you suspect any of the rules are being broken. If you get mad and walk out, you could be waiving your rights to a claim of malpractice. Don't Fire Them...Blind-side them with a petition. Remember that there are skilled lawyers out there do eat their own kind. A Lawyer choosing operate Pro Bono Publico is a choice that only the lawyer can make and enforce. That means that there can be no excuses. Also remember these rules during your initial intake with the attorney. Make her realize that you didn't take pre-law because they didn't teach it in pre-school, and that's why your meeting with them. Study the attorneys loss prevention manual before meeting with them. - top Q. I have a complaint against an attorney with the ARDC and the State Bar. Will you post it here? A. Yes. The rationale for posting any complaint against any attorney is this. When a complaint is lodged against a layperson, it's made public record and stays public record regardless of the outcome until it's sealed or expunged. Since attorneys are held to a higher standard, it's even more important to let the public be aware of what those who are held to higher standards are currently involved in; good or bad. Lawyers are not permitted to even attempt to break the rules. But at the same time, if they haven't actually damaged you in the eyes of those (other lawyers that they pay dues to every year) that are policing them, then it's no harm done. It's sort of confusing, backwards and inconsistent. But true nonetheless. Nobody is ever presumed innocent when their face is plastered all over the airwaves. Fair enough... Supreme court rule 766 states that all disciplinary proceedings will be confidential and private. But it doesn't mention anything about you posting your own personal complaint online in regards to those pending actions if any. Nor does is forbid any of your rights to freedom of expression in regards to those matters. You still have the right to shout from the rooftops about anything as long as it's true so why not? Send a copy of your complaint to Lame Lawyer.Com 2043 elm st., quincy, il 62301 c/o sean heeger, or a pdf or text file to postmaster @ lamelawyer.com. I'll set up a sub domain (http://lawyername.lamelawyer.com) on this site so that you can share with the world your grievance against the lawyer in question. I can also help you set up irrevocable web hosting so that you can run your own root level complaint domain ("LawyerName"Sucks/Blows.Com) indefinitely if you would like something more meaningful, unique and to the point. - top Q. There's other lawyers involved on the oppositions side in my case and my lawyer is really dragging their feet. What's happening? A. That's hard to say. I had one lady call in and state that she had experienced a situation similar to this in a case involving lawyers (private practice lawyer turned states attorney). She said that in the end, she discovered that the attorneys on both sides were at one time partners as well as friends (see Old Boys Club). Since lawyers do look out for their own, you might be experiencing a first-hand form of (possibly "old boys club") damage control. If I were you, I would ask your attorney what their past relations (if any) are with these people and log the times and dates that you talk with your lawyer in regards to this matter as well as any other relative matter. You should also keep phone logs and fax confirmations for all correspondences that you have with your lawyer. This is so that you'll be able to prove that they've been with you every step of the way and that the attorney-client relationship has been established and is maintaining its establishment. If you feel that damage control is really taking place, don't tip your attorney off that you're on to it. Keep them on the case and insist that they abide by model rules of professional conduct (Rule 3.2). You might be in a position to make him whip his own boy in the end. Remember, doing a conflict check is solely the responsibility of your attorney. If they say "no conflicts", it's blue skies and tailwinds as long as they have malpractice insurance.- top Q. Can I do legal research for my attorney? A. YES! You can do whatever research that he or she needs. You have access to the same resources they have, so why not? It's just the same as you have access to this site and other places on the global network. Get a list of what they need then go from there. You can achieve two things from doing their research for them. You can eliminate legitimate research fees and root out the bill padding for unintelligible research fees. GET THIS IN YOUR ENGAGEMENT LETTER. You can limit their scope of representation to everything but research while saving you untold amounts of cash.- top Q. This lawyer contacted me through e-mail. Is their e-mail message the real deal? A. It may be. But to be certain, their e-mail message must be trusted. ALL legal e-mail from ALL lawyers should be accompanied by a digital certificate or a true PGP/GPG digital signature. In my opinion and for confidentiality purposes, it must be encrypted if correspondence between the both of you will be ongoing. Again, I would declare it a suspicious mail message unless it's proven to be trusted. See my MyPGP or TrustedNotary sites for information regarding and obtaining trusted e-mail systems. (See Nevada supreme court ruling in regards to attorney-client confidentiality and privilege). See Rule 1.6 [17] "When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients (See the MyPGP FAQ). This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy (which unsecured e-mail does not provide due to the path it travels over the open public network). Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this Rule, or may give informed consent to the use of a means of communication that would otherwise be prohibited by this Rule." As a global web server and e-mail certificate trust provider, I can help you roll out an e-mail / host authentication that will you maintain online A-C privacy. This will reduce cost as well as eliminate the possibility of giving the "other side" an edge in your legal matters. I also carry copies of statues and case law that can stop an intrusion if you choose to host your domain e-mail on my system. Remember to google "global surveillance networks" and read up on how your e-mail can be intercepted. EPIC also has a great list of online privacy tools if you're still not sure where to start. Q. My lawyer wants to indemnify and release herself of any liabilities in our engagement letter. Can she get away with this if something happens? A. It's not enforceable. Go ahead and let her include it (or any other language that would construe a limitation of liability) in her side of the engagement letter. See 1.1:350 - Waiver of Prospective Liability. - top Q. How will my complaint against an attorney be presented on this site? A. You can send me a copy of the complaint and I'll post it as a sub domain or child directory on this site. All I ask is that you include a copy of the return receipt from the bar/ardc. I feel that posting the complaints publicly and operating outside of rule 766 as an individual will help keep the discipliners from giving up too easily. Which in most cases they do. Let the disciplinary officials know that you'll be sure to spell their names right when the time comes. Remember that anything outside of the public is considered an internal matter. - top Q. Why are legal terms in latin? A. The Roman empire set the framework for modern law as we know of it. Latin was the language of the Romans and at one time they wanted everyone to think and act as they did. In some degree, if you practice law, you're thinking as a roman did. That's one of the reasons that today's lawyers love throwing latin phrases around in an attempt to make themselves look "smart" and to possibly get you to think like they do. My finding is that using and learning latin really helps in a mnemonic fashion to "hotkey" legal terms. For instance, one word can represent one sentence or phrase as It's a very succinct language in nature, and seems to come in handy when you're pressed for time (in a foot dragging legal system). It levels things out "time wise". Or it can make getting your point across an efficient process. For example, try saying "toy boat" three times really fast. Then say it in latin three times "logica navis navis". See? It does make communication easier and more efficient. Try it in the drive thru sometime. Here's a link to latin phrases. Hopefully, with a little effort and practice, you too can appear to be "smart". - top Q. My attorney is not communicating with me in a timely manner. What's up? A. Print this out and send it to them return receipt. Remind them that the next mailing will be to the ardc and the bar if you incur a detriment as a result of their rule 1.4 violation and their apparent disrespect towards you and your case. There's no excuse or reason for this type of behavior since your attorney would not tolerate it if the table was turned.- top Q. I'm going to a deposition and I'm not sure how to handle taking the stand. A. I can't tell you how to handle the deposition, but I can tell you what my studies have revealed if and when you find yourself in front of a questioner. The Federal Rules of Civil Procedure for Depositions and Discovery are located here if you would like to obtain the rules first hand. You'll find my current deposition research results for those that will be testifying below. For further reference and research, please review the Illinois Supreme Court Rules 200 through 213. See also: Malpractice: How to survive a deposition.
Bullet points:
Unless leave of court has been granted, a deposition day is that of seven hours (3 hours per deponent in Illinois). That doesn't include breaks or other instances that may be allowed if requested. Also, if your party is either the plaintiff or defendant, be prepared to pay their (the other sides) travel and lodging expenses if you fail to appear to the deposition. Witnesses are excluded from that rule. Remember that the truth can be manipulated but not destroyed. If the truth is on your side, then it's open skies. If not, DON'T LIE! Also, squirming and stonewalling while answering will only help their side bring your credibility into question and line you up for an impeachment. Also read "Laying a Foundation to Impeach a Witness at Deposition". It should give you a good heads up as to how they may try to trip you up even if you plan to provide honest answers. - Nolo has a great resource for those that plan on being involved in a deposition. - top Q. I'm feeling very vulnerable since I really need a lawyer. I need a retainer agreement to take with me on my initial visit. Can I download it and taylor it to my needs? A. Yes! The devils advocate web site has a great client friendly retainer agreement template. I recommend it to anyone that needs any attorney for any reason. This template along with other materials that are referenced and readily available on this site will help you root out the bad ones that practice stealing . Best of luck to you with this form. Remember to read and taylor it carefully. | Download a local word 6 preformatted copy. - top NOTE: You will want the lawyer that you plan to speak with to know that your sending them a copy of this agreement prior to your initial meeting. Tell them if that if they agree to sign a client friendly agreement such as this one, you'll keep your initial appointment. - top S. I'm looking forward to the day that you get sued for setting up this website. R. Unfortunately for you and the other hate mailers/unethical lawyers, you'll be waiting for a day that will never come. In addition, nobody can tell me what not to create or post online anymore than they can tell CNN or FOX News what to post and what not to post or create. That is unless their "advertisers" forbid it. Sorry to say that the truth denounces slander and libel. Q. An attorney stated that I couldn't turn her in to the ARDC since she never represented me. Is this true? A. No. That's a false statement of fact and I would include that as an additional violation of the Rules Of Professional Conduct in your complaint. That statement in itself violates rule 4.1 and in itself is actionable. Making it very simple, the attorney made an attempt to thwart prosecution in a self-policing environment by her peers. Additionally, any attorney or judge can be turned in by anyone to the Bar and the IARDC. The theory and practicality is that any innocent bystander can report a crime, or be used as a witness to any crime . While keeping in mind that a crime is a form of deviant behavior, lying is the same as committing a crime when you swear under oath not to. Some criminal examples include perjury, contempt of court, general attorney misconduct, deceptive practice, uttering, etc...Especially when someone swears under oath that they won't steer away from their obligations to do their part in maintaining what's left in the integrity of the legal system. It's a fact that the attorney who spoke those words took an oath to adhere to the rules when they became a lawyer and they violated that oath by lying to you. Here's the form that will assist you in effectively filing your complaint. Whether or not the DC enforces the complaint is another story. They have a tendency to side with their own when the media isn't involved or the public in general isn't aware of your issue . - top Q. I get the impression that my lawyer is the boss and I'm to do whatever she says. Why am I made to feel that way? A. During your next sitdown or phone conference, ask for clarification as to her demeanor. Be polite as you would expect her to be polite towards you. Granted, some lawyers are just use to being in control of their clients altogether at all times. This is where a client friendly engagement letter comes in handy even before you meet with them. - top Q. I fired my attorney and he won't give me my file. What are my options? A. This also goes out to those that are thinking about migrating to a more competent or new lawyer. If you have a new lawyer, they should be able to get your file (including their notes, theories, strategies, and other relative work that you paid to have done) from your old attorney. If you haven't fired them yet, I would ask to look at your file in its entirety, then fire them on the spot and walk out with it. This way you'll get all of the notes and other relative materials that they might end up cherry picking out of your file before deciding to release it to their successor. There's not much they can do about that other than attempting to commit unlawful restraint on you. Take a buddy with you when you go, or ask the sheriffs department if they would assist you or oversee in some way that you retrieve your property. That file is yours regardless if your lawyer is paid in full or not in Illinois. Some states allow lawyers to place liens against your file so look into it first if you're not from here. - top Q. In reference to the legal system and its attorneys, What does the term "self-policing" mean? A. It's an oxymoron at best. The general rule is that self-policing is a conflict of interest; much the same as if you were to pay yourself cash out of your employers cash register. Self policing also lacks a system of checks and balances. Quote from wikipedia - "Self-policing of any group is also a conflict of interest. If any organization, such as a corporation or government bureaucracy, is asked to eliminate unethical behavior within their own group, it may be in their interest in the short run to eliminate the appearance of unethical behavior, rather than the behavior itself, by keeping any ethical breaches hidden, instead of exposing and correcting them. An exception occurs when the ethical breach is already known by the public. In that case, it could be in the group's interest to end the ethical problem to which the public has knowledge, but keep remaining breaches hidden." This wiki excerpt is partially responsible for this site taking action in disseminating publicly the misconduct of attorneys. Thus the purpose of the phrase, "self-policing equals self-preserving" residing on the front page. Point Of Interest - When an attorney steals from a client, the IARDC states that there is a no tolerance rule in regards to a lawyers sneak theft. It's safe to say that in response to their statement of tolerance, there's tolerance in other areas of misconduct. Even though the rules specifically state that "A lawyer shall not break the rules...or attempt to break the rules" within that spirit. For example, telling lies is apparently one area of tolerance. Even though lawyers swear under oath that they won't do that when they become lawyers. All an attorney has to do is admit that they're "only human" and they "make mistakes". Or even so much as "attempt to respond" to your complaint against them. In that, all is forgiven by the self-policers. The Bar just needs to look concerned with the complaint, then it's over until new evidence is provided. Additionally, since lawyers are held to an even higher standard than ordinary lay people, they should have more to lose since they're entrusted with an apparently sacred duty. I feel strongly that if Rule 766 did not exist, things would be different in regards to the system of legal self-policing. How diligent would the disciplinarians be if they knew the general public had a clear and transparent eye on them? How would decisions be rendered if people had the ability to see how lenient they were being towards each other and those in their club? I believe it would be a drastically different scene. Finally, a layperson isn't given the "hush-hush" courtesy and privilege when they find themselves in trouble. It all gets logged publicly. So why should lawyers be shown preferential treatment? They've got it backwards. I also think that if people gradually lose their fears (of the old boys club) of coming forward with their complaints, things will be a lot different in regards to reporting attorney misconduct as this site gains maturity. - top Q. Is it safe to say that ethical lawyers don't carry malpractice insurance? A. It's safe to say that most ethical lawyers don't. I think the reason's obvious why most of them don't carry it. But it shouldn't be a sole indicator as to weather or not a lawyer is ethical. Some ethical lawyers carry it because of potential vicarious liability issues with lawyers they are mandated to oversee and take responsibility for. Others carry it for reasons they can't think of. - top Q. Are lawyers entitled to a fee for their services? A. Yes. Rule 1.5 clearly outlines that a lawyer is entitled to a fee for services rendered. However, expenses should be included in that fee. Remember to nail them down in your engagement letter in regards to fees. Otherwise you could end up getting double billed or heavily padded in the confusion if or when you decide to bring a bill's integrity into question. ALWAYS READ YOUR BILLS! - top Q. What is the most common defense (excuse) that attorneys use in an ARDC/Bar complaint response? A. Here's a list of common excuses:
These excuses are designed to gain emotional influence over the disciplinary commission and the majority of the time, they're very effective. Especially when the time is right for them to end the debate in regards to the reporting or investigation of a lawyers misconduct. The use of these these excuses is in direct conflict of the rules of professional conduct. Namely the ones that pertain to the attorney-client relationship and interactions with others in general. It's best to nail these issues down preemptively in your initial complaint against a lawyer. Remember to make the claim crystal clear, then back it up with tangible or other substantiated claims. Always send your complaint via fax with confirmation, or US Mail with delivery confirmation. - top Q. My attorney filed a petition against another party but they haven't been served. What could happen? A. The case could get dismissed in accordance with Supreme Court Rule 103. thirty one days after filing the petition with the circuit clerk. (See: Alias Summons, Lack of Due Diligence | Wiki ) This is not a good thing and is grounds for you to bring a causation lawsuit against your attorney or law firm. If you prove during the lawsuit that you would have won the case that your attorney filed the petition against, your former lawyer will be held accountable for whatever damages that the law deemed appropriate to award you in that case. You'll need to hire a non old boys club lawyer or non-home boy to sue on your behalf. Your best bet would be to call her or send certified fax or mail to her and mention this rule. Be prepared to hear some of the best or worst excuses. There also may be a competence or conflict issue that resulted in her negligence to have those on the other side served, so keep that in mind when cordially confronting her with this matter. - top Q. My lawyer won't return my calls in a timely manner or at all and I'm afraid that something bad might happen to my case as a result. What's the deal? A. First, don't panic! Get a letter together and send it to them certified in a book mailer. The mailer should peak their curiosity as to what's inside. Tell them that you don't appreciate being treated like this and that you are reminding them that you will not incur any expenses or billings in attempting to communicate with them in the future. If they fail to return your call, e-mail or letter again, they'll be fired and they will be returning all monies that they've been paid, along with your complete file with notes, theories and strategies inclusive, and also that you'll be filling out and mailing this form to both the IARDC and Illinois bar upon their refusal to comply with your demand. You'll also include in the language of your letter that you'll be sending all of the information regarding the process and/or outcome of your complaint to postmaster @ lamelawyer.com where it will be perpetually publicly disseminated on the web in any given form. For what it's worth, even lawyers that I have no attorney-client relationship with usually call me back within four hours or so. There are NO EXCUSES for lack of communication! - top Q. A lawyer did a background check on me without my consent. Is that legal and if not, what can I do to retaliate against them? A. This is one of the many cases where attorneys feel that they have a "true sense" of control or ownership over lay people or other non-lawyers. Which in all reality is false to those that know better. If it was an attorney working for a bill collector, they violated your fourth amendment right and as a result of their actions, is grounds for a civil rights lawsuit both against the collector and the attorney through the rule of vicarious liability. You'll need to find out for sure why the check was performed before you can consider taking an appropriate action. All in all it's an invasion if privacy and you should be able to use that as a lever against them (Possibly making the matter that they've been contracted for to go away permanently). File a complaint with the bar against them and the principle attorney in their firm if one exist. Their response to the complaint should yield the reason that they did the check providing that they are willing to tell the truth in the response. Also, you'll need to hire an attorney that they don't run with socially, or know if the future looks bright in getting a settlement out of them. Additionally, check to see if the lawyer has malpractice insurance by looking up the attorney through the IARDC if they're licensed to practice in Illinois.- top Q. My husband and I are getting a divorce and we agree on every aspect of it. Why is it that no lawyer will take our case without a fight being part of our divorce? A. It's simple. The billable time for a "no contest" divorce has very little "billable" time opportunities attached to it for the lawyer to make it worth their while (worth their while being a very subjective phrase). This just goes to show that it's not about the client; it's about the divorce industry and its attorneys. Remember that it's in their best interest to take the long way home during rush hour when your clock is ticking. - top Q. What part do children play in the legal system? A. Unless you are on the issue of abortion, the kids always "Come First". Children are used to play many parts in the legal system at the direction of those who have possession and control over them. It's mostly the mothers of the children, or the state using the children at the direction of the mother as a lever to obtain (financial) leverage over another individual, organization, or non-custodial visitor though legalized peonage, involuntary servitude and coercion. Point - Children and Non-Custodial Visitors are the main driving force that fuels the high profit margins and job maintenance and support for those that thrive in the divorce industry. If you take away the monetary factors, you'll see an entirely different lawscape in regards to a child's best interest. - top Q. My lawyer wants to have sex with me. Is this ethical or even legal? A. See ABA rule. "A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced." You must also be the age of consent (AOC). 1.13:520 Representing Client with Fiduciary DutiesIn ABA Formal Opinion 92-364 (July 6, 1992), Sexual Relations With Clients, the ABA plainly states that a sexual relationship between a lawyer and a client "may involve unfair exploitation of the lawyer's fiduciary position, and/or significantly impair a lawyer's ability to represent the client competently." In respect to the corporate setting, the lawyer's client is the corporation, rather than an individual employee. See id. As a result of instructions from the client, the lawyer may be instructed to follow "the established corporate chain of command in fulfilling counsel's obligation to report to the entity client." See id. Therefore, the ABA states that a potential conflict of interest arises when the a lawyer, engaging in a sexual relationship with a representative of a corporate client, learns information which may "redound to the detriment of the sexual partner, but which should be reported to a higher authority." See id. Point - This is one of those many questions they've asked when the powers that be decide that it's okay to legislate morality or have a tendency to place social magnets around their moral compass.- top Q. My case is going bad due to my lawyer ignoring the facts that will help me win. What is the best way to make this possible detriment to my case known to the ARDC and the Court? A. Bring this problem to your lawyers attention in writing first and make sure that you have proof they received the letter. If you don't see a change in their behavior, you'll need to write a letter to the judge that's presiding over the case and carbon copy the letter to the ARDC. The Judge should be made aware that you have written a letter to the ARDC by including a CC: ARDC in your letterhead. Be sure to go over the MRPC's and point out what you know the lawyer (or any lawyer involved in your case) is doing wrong. - top Q. Why can't I sue a lawyer for punitive damages in Illinois? A. The Illinois State Legislature is lobbied by lawyer lobbyist. The lawyer lobbyist see to it (make a good effort) that their own don't undergo or experience monetary punishment in any malpractice lawsuit, regardless of the severity of the detriment they may have caused. (See: Self Policing and Conflict of Interest) Note: Solvency is also a factor in regards to suing an attorney. - top Q. I'm a beneficiary of a trust. What duties does the lawyer working with the trust owe me? A. Since you and the trust are one in the same, the lawyer that is appointed by the trustee must have your best interest in mind at all times (why else would they want to speak with you). If the lawyer makes any statements to the effect that they have to do what's in the best interest of the trust, they are including you as a priority in that statement since you're name is on or in the trust document). If it doesn't seem as though they are including you, and appear to be doing what seems to benefit them, or putting the trustee or their financial institution first, then one should look into leveraging the courts assistance to break the trust and sue the trustee for breach or accounting. ANY trust may be broken and any beneficiary of a trust can file a lawsuit against the trustee. In some cases, you can sue the lawyer for aiding and abetting the trustee for any action that may be deemed unlawful or unethical. Additionally, you should not consider signing any release and standard receipt from either the lawyer or the trustee . Especially if they want to distribute the assets directly to you. Also, look out for any direct or indirect coercion tactics or derailments. In Illinois, you should act (file a petition against the trustee) well before 3 years of the last known or suspected misconduct of the trustee and 2 years within the last known or suspected misconduct of the lawyer. Tolling on the statute of limitations may be a factor if you feel that ether the trustee or their lawyer placed you under duress during their actions against you or fraudulently concealed their actions. - top Q. I want to protect the unencrypted e-mail that I send my attorney. What do I need to do? A. You'll want to read ABA Formal Opinion 99-413 "Protecting the Confidentiality of Unencrypted E-Mail". Then discuss this concern with your attorney before you decide to converse with them using e-mail. Although specific protections are granted by these rules, it's still a fact that your e-mail could be intercepted by anyone. As a result, it could possibly find it's way to those that could hurt your case or your relationship with your attorney with or without your knowledge. Regardless of how it's obtained or it's potential legal or illegal use in or out of court, it can still be used as an edge to tip the other side off. This sites sister site offers information on obtaining, consulting and using trusted e-mail security. (see also) S. I heard that the attorney/client privilege is eroding in estate law. R. Read this as a reference. It's possible that the Illinois lawyer lobbyist group will eventually shore that one up just as they did in limiting punitive damages against lawyers from their clients that sue them. Q. A lawyer wants to take my case for free. Why? A. Unless they actually have good intentions like the lawyers at public citizen, or those that wish to help shape the law in order for it to be fair and just, or those that actually have your best interest at heart, be careful what you say to them and quietly walk away. Chances are that they're friends with the other side and they want to invoke some sort of damage control. Think about it, If you're of modest means, what better way for a crooked lawyer to gain control of you and your case by working for free. Theses guys are also usually the ones that leave books laying around about ethics and other subjects pertaining to proper conduct. Additionally, don't enter into a lawsuit unless you have the money to see it through to the end. FYI - A free lawyer isn't the same thing as a lawyer working on contingency. One has one type of motive and incentive and the other just has a motive.- top Q. Is there a good place to post my complaint about bogus legal fees? A. Rip Off Report is your best option. After you file your complaint on their site, fax it in to the law firm so that they're made aware of it and are given fair chance to file a public rebuttal. It's a perfectly legal move as long as you're truthful. Just make sure that you don't threaten them with filing a report. Just file it, then duke it out online. The best thing about filing a Rip Off Report is that it can never be removed from the internet. Complaints.Com is another good option if you want to double up spreading the word. Or, if you're "spirited", put up a gripe site (sucks.com) about the law firm. and name the principal lawyer(s) as the individual(s) that you're complaining about. Additionally, scanning all of paper evidence (which you own under the nine-tenths rule) to pdf and hosting it on Box.net can be a real plus in publicly supporting your claim. Box.net is free and allows you to create website widgets for you to place your files in so that your web visitors can easily retrieve and study your claim. - top Q. What can I do to keep lawyers, law enforcement and court orders out of my computer systems. A. In short, use encryption and plead the 5th (if being compelled with a password or passkey request. See: duress) if needed. The following links will help you in accomplishing this task. Remember to keep both your friends and enemies close on this one. See Also: United_States v. Boucher. Note: Stay away from common commercial (non open source) security products. "Quincy Lawyers effectively use the attorney client and work product privilege to dodge or hide the facts...so why shouldn't you?" - Anonymous Tough Guy - top Q. How can I tell if my lawyer is video taping me without my knowledge? A. If you have to ask this question then you need to get a new lawyer (that's not a DA) that they're not friends with. I can totally empathize with this. One indicator along with your gut instinct is that if your lawyer won't say anything out loud that you know that they've said in the past to you and they would normally say anywhere else, you're most likely being surreptitiously recorded. Watch for abrupt adjustments in vocal timbre and volume along with noticeable shifting in physical positions. Make sure you also monitor their eye contact with you. You can tell them what they want to hear and in the same breath, ask them if they have knowledge of you being monitored or observed with any recording or CC TV device. Don't say anything until they answer you in a reasonable tone. Then you decide. Watch out for them attempting to break attorney client privy by having someone (excluding paralegals or clerks) bring papers into the room or asking someone a question over the phone (anything over the phone is hearsay btw) or intercom while you're there. Good Luck! - top Q. What is the Common Interest Doctrine? A. In Adams County, Illinois and other places it has two meanings. First, read this abstract. It should give you a good idea about mutual clients and a/c privy. Second, calling into question a "common interest" that lawyers have, such as imposing and enforcing bogus attorney fees and unjust billing and collection practices upon their present nad past clients (which is widely abused since "everyone does it") is in fact the second "unwritten" meaning. Think of it as a chinese wall (ethics wall) between money and power as the common interest. This doctrine and its two descriptive's is a powerful tool that lame lawyers also to decide which client is more profitable to maintain and withdraw from the other. Additionally, If you find yourself in a situation where the attorney/client privilege can hurt you more than help you...BREAK AC PRIVY YOURSELF. Post it online then notify them thought certified letter, fax or e-mail! - top Q. I want to know more about online law. Where can I start? A. The Electronic Frontier Foundation (www.EFF.Org) has an Internet Treatise for referencing online law. It's still in beta as of the time of writing this response so read the disclaimer. - top
Call (312) 242-1691 or e-mail postmaster @ lamelawyer.com for more information. (pgp)
Get a trusted computer network. | Maintain "The Privilege" and privacy through e-mail. Attorney Client Privilege act of 2007 | FlexYourRights.Org Sources for those who wish to complain effectively without the use of an attorney. This FAQ is a work in progress. | Home © 2005-2008 - Sean Heeger
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