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Posted: 9/10/2010 2:36:38 PM EDT
I paid a lawyer in full to have two arrests expunged from my record. The cases were dismissed, but the arrests still show up on a background check.

I called him twice within two months of paying him and got "I'm submitting the blah, blah - if you're needed in court, I'll notify you". Three other calls were never returned. I went to his home (that's where I dropped off the payment) and left a message and card with his son and asked that he call me - still no call. This lawyer doesn't have an office any longer - works from his home. FYI - he was the lawyer who got my cases dismissed - I didn't just hear from a friend of a friend "hey - go give the man at this address $1,150.00 and he'll hook you up, dude." I don't want to lose my money, and I don't want to needlessly cause a stink (especially with a lawyer) - but I want the services I paid for.

I called the court to see what I should do - they said - I shit you not - "contact your lawyer."

Thanks in advance for any suggestions.
Link Posted: 9/10/2010 2:36:58 PM EDT
Lawyer up!
Link Posted: 9/10/2010 2:38:52 PM EDT

Originally Posted By Seasoned_Salt:
Lawyer up!


Link Posted: 9/10/2010 2:39:24 PM EDT
Are you sure that the arrest is still there? Can the court/county verify this? Online background checks can and do have old data in them. Talk to somebody in the records department at the courthouse.
Link Posted: 9/10/2010 2:39:45 PM EDT

Decapitate him....
Link Posted: 9/10/2010 2:39:58 PM EDT
File a bar complaint.
Link Posted: 9/10/2010 2:40:23 PM EDT
You've tried lawyers and money. That just leaves one option.
Link Posted: 9/10/2010 2:41:00 PM EDT
yup, he's a lawyer
Link Posted: 9/10/2010 2:43:09 PM EDT
Originally Posted By DarkNite:
You've tried lawyers and money. That just leaves one option.


did he say he was in cuba?
Link Posted: 9/10/2010 2:43:32 PM EDT
Just wait for SHTF.
Link Posted: 9/10/2010 2:44:01 PM EDT

Originally Posted By Seasoned_Salt:
Lawyer up!

Do lawyers sue each other?
Link Posted: 9/10/2010 2:44:57 PM EDT
Lawyers, how do they work?
Link Posted: 9/10/2010 2:45:18 PM EDT

Originally Posted By ae1:
File a bar complaint.

this WILL get his attention.
Link Posted: 9/10/2010 2:45:50 PM EDT
Originally Posted By ae1:
File a bar complaint.


this sounds like a good idea

first I would write him a certified letter. nothing good can from just knocking on his door.
Link Posted: 9/10/2010 2:46:43 PM EDT
Originally Posted By E-Mag:

Originally Posted By ae1:
File a bar complaint.

this WILL get his attention.


This.

Lawyers do these things (not returning calls and doing their own thing despite being paid). However it is unacceptable to do it to a client.
Link Posted: 9/10/2010 2:47:38 PM EDT
Originally Posted By E-Mag:

Originally Posted By ae1:
File a bar complaint.

this WILL get his attention.


Yep, a letter written to him and copied to state bar will certainly get your phone ringing. Include details of when you paid, and calls you made that were not returned, etc. Details, details, details.
Link Posted: 9/10/2010 2:48:12 PM EDT
Originally Posted By ae1:
File a bar complaint.


This is the correct answer
Link Posted: 9/10/2010 2:49:17 PM EDT
Originally Posted By Seasoned_Salt:
Lawyer up!


Link Posted: 9/10/2010 2:54:52 PM EDT
are you even sure expungment is possible? An arrest will always have an FBI # attached to it. A 'triple I' background check will always show it.
Link Posted: 9/10/2010 3:02:40 PM EDT
Link Posted: 9/10/2010 3:14:32 PM EDT
Has he actually seen you or did you do all this on the phone?

You are the last guy in the world I would want knocking on my door in a bad mood!
Link Posted: 9/10/2010 7:45:02 PM EDT

Originally Posted By DarkNite:
You've tried lawyers and money. That just leaves one option.

Warren Zevon sees what you did there.
Link Posted: 9/10/2010 7:50:10 PM EDT
Send him a message that if you doesn't respond my 5:00 Friday, you are going to file a grievance with the state bar. Include a basic description of your complaint with him.

Link to TX Bar Geivance Procedure.
Link Posted: 9/10/2010 7:53:48 PM EDT
File a claim with the ABA.
Link Posted: 9/10/2010 7:54:27 PM EDT
The bar is just more lawyers. They can have a black and white he fucked you and they wont do dick.
Link Posted: 9/10/2010 8:06:06 PM EDT

hire a lawyer to go after him, hope the new lawyer returns your calls



Link Posted: 9/10/2010 8:06:32 PM EDT
Originally Posted By Kodiak-AK:
The bar is just more lawyers. They can have a black and white he fucked you and they wont do dick.


Please list for me your experiences with the ABA. Your statement is astronomically ignorant of the actual disciplinary process.
Link Posted: 9/10/2010 8:11:39 PM EDT
Contact your local BAR Association.
Link Posted: 9/10/2010 8:13:15 PM EDT
What class of misdemeanor were the charges?

In Texas you cannot get a class A misdemeanor expunged anymore. You can have the records sealed so that it will not pop up on a basic background check but a more "official" check will still show it.

Back in houston about 1995. I had the nerve to have a beretta 92fs in my car w/ the ammo in the same general area as the pistol (not loaded, just both on the back seat). Now its legal, back then it was a class A misdemeanor, got it dismissed, bout three years ago I went to have it expunged. No dice.
Link Posted: 9/10/2010 8:14:08 PM EDT
Originally Posted By Slavac:
Originally Posted By Kodiak-AK:
The bar is just more lawyers. They can have a black and white he fucked you and they wont do dick.


Please list for me your experiences with the ABA. Your statement is astronomically ignorant of the actual disciplinary process.


Divorce.
Her lawyer lied to the court.
I proved it.
Nothing happens.
Bar does dick.
My lawyer with held evidence of other lawyer lying to the court.
Bar did dick.

Link Posted: 9/10/2010 8:16:46 PM EDT
Send a letter by fax saying

I really need to hear from you. I appreciate your help but need to know the status of my case. If I do not hear from you by xxxxx I will have to contact the Bar. Please call me.

This letter will get you a call or the lawyer is on a drub binge. .
Link Posted: 9/10/2010 8:17:57 PM EDT
Originally Posted By Slavac:
Originally Posted By Kodiak-AK:
The bar is just more lawyers. They can have a black and white he fucked you and they wont do dick.


Please list for me your experiences with the ABA. Your statement is astronomically ignorant of the actual disciplinary process.


+1
Link Posted: 9/10/2010 8:17:59 PM EDT
Originally Posted By capnrob97:

Originally Posted By Seasoned_Salt:
Lawyer up!

Do lawyers sue each other?


Link Posted: 9/10/2010 8:21:13 PM EDT
Originally Posted By Kodiak-AK:
Originally Posted By Slavac:
Originally Posted By Kodiak-AK:
The bar is just more lawyers. They can have a black and white he fucked you and they wont do dick.


Please list for me your experiences with the ABA. Your statement is astronomically ignorant of the actual disciplinary process.


Divorce.
Her lawyer lied to the court.
I proved it.
Nothing happens.
Bar does dick.
My lawyer with held evidence of other lawyer lying to the court.
Bar did dick.



Proving something in your mind may require a slightly different standard than the bar requires to destroy a person's career.

Secondly, if you lawyer acted contrary to your instructions, why didn't you fire him?
Link Posted: 9/10/2010 8:24:36 PM EDT
During the divorce , He was all I could get . I tried to get him removed from the case. I can't remember the exact terms used but the jist was "lack of confidence."I had also shown at that point that he had a conflict of interest as he had represented the guy fucking my wife when he broke his wife's arm.Judge would not let him off the case.

I am not as naive as I was back than.
Link Posted: 9/10/2010 8:31:20 PM EDT
I know a guy in Ohio who recently had his record "sealed". The lawyer did something similar. He filed the motion, made a court appearance, had the record sealed. He sent out a copy of the formal court records. The subject never had to go to court. He only met the lawyer one time.It took about 8 weeks...

Link Posted: 9/10/2010 8:36:11 PM EDT
Originally Posted By Billmanweh:
Originally Posted By ae1:
File a bar complaint.


this sounds like a good idea

first I would write him a certified letter. nothing good can from just knocking on his door.


Certified letter, regular letter, email, and VM, preferably at the same time / date. Then the bar complaint. He'll claim he never received any of your correspondence but it's difficult to believe that he never got any of them.

Link Posted: 9/10/2010 8:37:55 PM EDT
Should have used these guys the best in the business and CHEAP.

http://www.criminalhistorycleaners.net/
Link Posted: 9/10/2010 8:42:07 PM EDT
Link Posted: 9/10/2010 8:45:06 PM EDT
Link Posted: 9/10/2010 9:01:56 PM EDT
Originally Posted By mcculver5:
Originally Posted By capnrob97:

Originally Posted By Seasoned_Salt:
Lawyer up!

Do lawyers sue each other?


Do Black Widow spiders eat their mates?


Is a bird in the hand worth two in the bush?
Link Posted: 9/10/2010 9:08:02 PM EDT
Originally Posted By capnrob97:

Originally Posted By Seasoned_Salt:
Lawyer up!

Do lawyers sue each other?


Does a bear shit in the woods?

A lot of personal injury attorneys also sue other attorneys in instances where they fucked up. They are not well liked in the lawyer community.
Link Posted: 9/11/2010 7:56:33 AM EDT
Originally Posted By PattyOSullivan:
Originally Posted By capnrob97:

Originally Posted By Seasoned_Salt:
Lawyer up!

Do lawyers sue each other?


Does a bear shit in the woods?

A lot of personal injury attorneys also sue other attorneys in instances where they fucked up. They are not well liked in the lawyer community.


Kind of puts into perspective the old saying, "If it wasn't for lawyers we wouldn't need lawyers."
Link Posted: 9/11/2010 8:00:44 AM EDT
Originally Posted By TC6969:
Has he actually seen you or did you do all this on the phone?

You are the last guy in the world I would want knocking on my door in a bad mood!

That was my thought.

Link Posted: 9/11/2010 8:05:20 AM EDT
1. A bar complaint wont do anything because he has done nothing wrong.

2. Lawers are busy and they have important shit to do. Im willing to bet your cases are being handled just fine.

Granted, he should have called you back.
Link Posted: 9/11/2010 8:10:02 AM EDT
I don't even really have anything to tell you. I don't really know why he is working from home. Was he working from home when he got your cases dismissed?
Link Posted: 9/11/2010 8:22:21 AM EDT
Originally Posted By damcv62:
I don't even really have anything to tell you. I don't really know why he is working from home. Was he working from home when he got your cases dismissed?


If you paid by credit card, you can have a charge-back done.
Link Posted: 9/11/2010 8:46:47 AM EDT
Call the Law Officers of Dewe Skrewem and Howe
Link Posted: 9/11/2010 10:01:58 AM EDT
I have no more idea what's going on with your lawyer than you do, but:

1) not all that much time has elapsed and
2) your case is not that high of a priority (for either your lawyer or the court) when compared to people who might actually be going to jail, but yet
3) you kept calling him after he told you he was working on your case
3) you went to his HOME unsolicited to speak with his CHILD

You wouldn't be very high on my priority list if I were him. I don't know anyone who likes wasting time giving clients "nothing has changed" status updates. Everyone thinks his case is the most important. No lawyer is required to start working on your case the moment you write him a check.

Of course, this guy might have just run off with your money, but you sure can't assume that from the facts you've given us.
Link Posted: 9/11/2010 10:07:09 AM EDT
[Last Edit: 9/11/2010 10:12:22 AM EDT by TexasSheepdog]

Originally Posted By jayers2:
Originally Posted By E-Mag:

Originally Posted By ae1:
File a bar complaint.

this WILL get his attention.


Yep, a letter written to him and copied to state bar will certainly get your phone ringing. Include details of when you paid, and calls you made that were not returned, etc. Details, details, details.
Yep, details and records to show you gave it your best shot.

Link Posted: 9/11/2010 10:12:53 AM EDT
Originally Posted By fettesbrotde:
Originally Posted By E-Mag:

Originally Posted By ae1:
File a bar complaint.

this WILL get his attention.


This.

Lawyers do these things (not returning calls and doing their own thing despite being paid). However it is unacceptable to do it to a client.


Lots of lawyers do this to clients, including lawyers who should know better, and some work for the largest law firms in Texas for 30+ years before finally being asked to leave. They drive their secretaries, paralegals, peers, and clients crazy. Eventually they become a liability. About the only way to get their attention in a timely fashion is a serious discussion with a managing partner and/or the threat of a formal complaint.
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