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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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HYPOTHETICAL--

Customer Question

HYPOTHETICAL--
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 6 years ago.
Hello there:

I am not 100% certain that I understood your question, so please let me know if further clarification is needed.

In a civil matter, there is nothing that would keep the accused's lawyer from approaching the complainant's lawyer directly with an offer of settlement.

In criminal matters, this is not the case; in criminal matters, the accused's attorney may negotiate only with the prosecutor.

Let me know if I may be of further assistance. Thanks.
Customer: replied 6 years ago.
I am not completely satisfied with the answer,; I NEED MORE info, ; my Lawyer has en attempting to establish contact with Complainant's Attorney to have her contact client. I had had a good rapport with her client for 23 years, a misunderstanding of communication made it so, that the client was unsafe -- According to the Attorney -- from hearing from me. A LETTER OF REQUEST TO CEASE & DESIST was sent thru Facebook April 6th, 2010. I ceased contact, I ONLY CONTACTED the Attorney -- IT SEEMED that I WAS in good faith rapport with the Attorney. I was showing good faith, and THEN -- July 25th-26th 2010 -- the Attorney blocked me from her email by sending me the following letter after a my email -- July 25th -- simply stating, "I'M SORRY." Statement requested to be forwarded to her client, with a picture of a cat licking a sno-cone, with a caption of "I'M SORRY! I BLAME IT ON A BRAINFREEZE."
letter from Attorney://///If you were really sorry you'd stop this nonsense!

//If you send me any more messages for her or make any other attempts to contact her, however indirectly, I will have to file a restraining order because your apparent total disregard for the legal consequences of your harassment are starting to make me concerned about my client's safety.
//
And no, you won't get to see her if legal action is required.
//
THIS IS YOUR LAST WARNING.
//
ANY FURTHER ATTEMPTS TO CONTACT MY CLIENT - INCLUDING FRIGHTENINGLY DELUSIONAL ATTEMPTS, LIKE THIS ONE, TO GET A LAWYER TO DO PRECISELY WHAT SHE WAS ENGAGED TO PREVENT - WILL RESULT IN THE LEGAL ACTION NECESSARY TO PROTECT THE SAFETY OF MY CLIENT.
//
WHEN YOU DO THINGS LIKE THIS IT MAKES IT CLEAR YOU MIGHT BE A DANGER TO OTHERS.
//
Not only will this have legal and financial consequences for you, but someone else who needs a lawyer but cannot afford one may go without help because you were so incredibly selfish you didn't care who got hurt as long as you got what you wanted and I had to spend the time and money dealing with you.
//
RIGHT NOW I NEED TO BE WORKING ON HELPING A YOUNG MAN WHO MIGHT OTHERWISE SPEND THE NEXT THREE YEARS IN JAIL - CAN I DO THAT, OR ARE YOU DETERMINED TO PROVE YOU ARE SUCH A DANGER TO MY CLIENT THAT I HAVE TO STOP WORKING ON HIS CASE AND DEAL WITH YOU?
//
That, by the way, is a rhetorical question.
//If you contact me again - especially to try and get me to pass on any messages - I will know you really are a danger to my client and possibly to me and you don't care who knows it.
//Bryndis Tobin////
WHAT CAN BE DONE? I HAVE NOT CONTACTED THE ATTORNEY OR CLIENT SINCE. MY LAWYER, A BUSINESS LAWYER, TRIED BUT DID NOT GET REPLY. ATTORNEY WAS CLAIMING MY ACTIONS WERE CAUSING CLIENT INTENTIONAL EMOTIONAL DISTRESS. AND, CALLED MY ATTEMPTS TO RESOLVE THE ISSUE "FRIGHTENINGLY DELUSIONSAL"
Expert:  Brandon M. replied 6 years ago.
Thank you for the clarification.

To answer your question, "no", an attorney may not contact the client of another attorney simply because the other attorney has refused to forward a communication offer to their client. It may not be done.

However, under the California Rules of Professional Conduct 3-510, an attorney is ethically obligated to communicate all offers of settlement to their client (must be written in civil cases). The failure to do so is grounds for discipline from the state bar association. Perhaps your attorney can remind her attorney of that. If she still, fails to forward the message, the best course of action may be to file a complaint against her with the state bar.
Customer: replied 6 years ago.
My lawyer has made clear he is not going to make any further attempts. How may I bring the attorney's actions to the State Bar Association?
Customer: replied 6 years ago.
How can I write this so that IT IS CLEAR that HER ATTORNEY was/is, as I can tell, not informing her client and HAS MADE written claims of my attempts to give/seek contrition as "frighteningly delusional"?
Expert:  Brandon M. replied 6 years ago.
Just explain it as it is. Explain what you know and how you know it.
Brandon M. and 4 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you
Expert:  Brandon M. replied 6 years ago.
Best of luck.
Customer: replied 6 years ago.
The form on that site is only for use in attorney/client disputes not defendant/ PLAINTIFF'S ATTORNEY ALLEGATIONS, AND, my case is not case in court -- just ac civil dispute.
Expert:  Brandon M. replied 6 years ago.
What leads you to believe that?
Customer: replied 6 years ago.
THIS IS THE FIRST PARAGRAPH OF THE FILING FORM;////In order to help us evaluate and process your complaint, please complete the attached California Attorney Complaint Form and provide as many of the following items as possible: A copy of any written fee agreement with the attorney. If there was no written agreement, please explain your understanding regarding payment to your attorney (for fees, costs, etc.) Copies of the front and back sides of all cancelled checks and/or copies of receipts showing payments made by you to the attorney. Copies of all correspondence between you and the attorney. A written explanation of the exact nature of your complaint. Explain what the attorney did or did not do that forms the basis of your complaint. The last date you were in contact with the attorney and what occurred at that time. The title of the case, the case number XXXXX the name of the court. (For example: Smith v.
Jones, Case No. 1234, Los Angeles County Superior Court.) Copies of any pertinent court documents in your possession. If you have hired a new attorney, please provide his or her name, address and telephone number. Your daytime telephone number. The number of attorneys in the law firm involved in your complaint. 1 for Solo Practitioner, 2-10 for a Small Law Firm and 11+ for a Large Law Firm. If you don’t know, state “Unknown.”////

I AM LOOKING TO COMPLAIN ABOUT THE COMPLAINANT'S ATTORNEY'S DISRESPECT TOWARDS MY GOOD FAITH, NOT MY OWN LAWYER.
Customer: replied 6 years ago.
DOES CALIFORNIA HAVE SUCH A FORM, TO LET THE -- OTHER -- PARTY WHO HAS BEEN DISRESPECTED FILE FOR A SANCTION AGAINST THE ATTORNEY WHO DISRESPECTED THEM
Expert:  Brandon M. replied 6 years ago.
I understand what you are asking. When you type in all caps, it comes across as shouting, and I hope that you are not shouting.

If there are criteria that are not applicable, then that would not disqualify using the form. It asks for those items "as possible"... that means that it will not always be possible to supply those items, as is obviously the case when complaining about an attorney that is not your own.

Look at question #5: "did you employ the attorney?" Question #8(e): if you are not a party to this suit, what is your connection to it?" These should confirm to you that 3rd parties may make complaints using this form.

If you find the form too difficult to complete, you can always make your complaint by telephone at 1-800-843-9053.


Customer: replied 6 years ago.
My apologies, I am a disabled person who has trouble with the keyboard and it is easier to type in caps. But, thank you for your help.
Expert:  Brandon M. replied 6 years ago.
I do appreciate the clarification on that. If it helps, go right ahead and use caps. If it helps, I can type in caps as well.

Let me know if there is anything else that I can assist with. Thanks.
Customer: replied 6 years ago.
NOT AT THIS TIME. DO YOU WORK IN CALIFORNIA?
Expert:  Brandon M. replied 6 years ago.
Yes I do.
Customer: replied 6 years ago.
WHERE
Expert:  Brandon M. replied 6 years ago.
I am in the Sacramento region.
Customer: replied 6 years ago.
WHAT RADIUS IS THAT REGION? I LIVE IN MARTINEZ
Expert:  Brandon M. replied 6 years ago.
I practice in Sacramento, Placer, and El Dorado Counties. We are approximately 120 miles northeast of San Francisco.