There is a nothing more frustrating than an irresponsible attorney when they are the culprit of the losses you suffered in your legal case. I am not an attorney, so this post if not written from a technical case law perspective, but rather a real-world example of how I held my attorney’s responsible for my attorney misconduct cases.
This post is not legal advice, and I suggest you consult an attorney if you are a victim of legal malpractice involving significant loses. I encourage you to seek legal consultation by visiting Avvo’s Legal Malpractice & Negligence or Ethics & Professional Responsibility sections and find an attorney in your area. Avvo has the absolute best attorney directory and offers some very affordable introductory consultation packages. You can even ask free questions.
If your legal losses do not justify an investment in an attorney, I will encourage you to read on and consider my self-help eBook, Dispute It – A Layman’s Guide on How to Get an Attorney Refund & File a Bar Grievance, to assist your endeavors. My journey involved two attorneys, where I invested a total of $15,037.00 in legal fees. You can read the full details of my attorney misconduct cases in my eBook, Dispute It, but in summary; I received refunds averaging 43% from what I paid two attorneys. The following are the paths I chose and the outcome of my work:
- Direct Negotiations – After discovering the first attorney’s errors, I negotiated directly with him resulting in a $4,200.00 refund against $7,037.00 of total paid legal fees.
- Fee Dispute Arbitration – With the second attorney, I went the route of a fee dispute arbitration with my local bar resulting in a $2,170.84 refund against $8,000.00 of total paid legal fees.
- State Bar of Grievance – Also with the second attorney, I finished the job by filing a grievance with the State Bar of Texas. Unfortunately, I came up short with it resulting in a “No Just Cause” ruling. However, I did make it to the investigation stage. The “No Just Cause” ruling proceeded to the State Bar’s Summary Disposition stage, where the decision was upheld.
In retrospect, I did have some success, but my shortcomings caused me to miss out on recovering thousands of dollars more in refunds and in having sanctions leveled against the second attorney. But now, you can learn from the mistakes of my attorney misconduct cases and perhaps achieve an even better outcome when you buy Dispute It.
Kenneth R. Gilley is the President of Kenneth R. Gilley & Co., LLC, a small digital marketing company. He is the author of the e-book, Dispute It – A Layman’s Guide on How to Get an Attorney Refund & File a Bar Grievance, and regularly contributes to his blog, My.LegalLessons.com. Ken holds a B.S. in Marketing from McNeese State University in Lake Charles, LA, and lives in The Woodlands, TX.