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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88353
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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IF A ATTORNEY IS FOUND TO BE GUILTY OF HARMING HER CLIENTS

Resolved Question:

IF A ATTORNEY IS FOUND TO BE GUILTY OF HARMING HER CLIENTS HEALTH AND LIBERTY BECAUSE OF HER INEFFECTIVE COUNSEL. WHICH WOULD BE IN THIS CASE HAVING A PERSON BE CIVIL COMMITTED INDEFINITELY TO A STATE HOSPITAL WITH OUT HAVING ANY DUE PROCESS. wHICH THE ATTORNEY DID NOT PROTECT HER CLIENTS RIGHTS THAT LED HER TO BE CIVILLY COMMITTED
WHEN IF SHE HAD PROTECTED HER RIGHTS SHE WOULD NEVER BEEN ABLE TO BE
CIVIL COMMITTED. WHAT COULD HAPPEN TO THIS ATTORNEY WITH THE HARM SHE HAD HER CLIENT GO THROUGH ON LOSING 2 YEARS BEING CIVIL COMMITTED IN A STATE HOSPITAL? THIS SEEMS TO BE A CRIMINAL ACT AT SOME POINT WHEN SHE WAS THE ONLY PERSON WHO COULD OF PREVENTED THIS TO HAPPEN! WHAT IS THE LAWYERS LIABILITY IN THIS SITUATION? THIS
ATTORNEY WAS RESPONSIBLE FOR HER HAVING HER LIBERTIES TAKEN WITH OUT
DUE PROCESS OF THE LAW AND HER NEGLIGENCE TO MAKING SURE THAT SHE
WAS GIVEN THE DUE PROCESS TO PROTECT HER CLIENT!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
If the attorney was negligent in representing you and caused to be committed without proper cause, then other attorney has committed malpractice and he is liable to you for all the damages he caused. This means you have a right to sue him for that malpractice and you would need a legal malpractice attorney to review the attorney files to make sure the conduct was improper and a denial for your rights to due process on the involuntary commitment.


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Customer: replied 1 year ago.

The Professional Responsibility had found no clear and convincing
evidence of these allegations. They did not send forward to the Board


Member that investigates if it should be investigated the evidence of Transcripts and Medical Records that prove the allegations. Also when the Board member found reasons of Rule 1.2 and 1.4 they only investigated his examples he was giving to look for in the complaint not the total of the full case. I appealed this to them and it has now gone back to the Board Member and hopefully with the evidence.


 


Then I called the Minnesota State Supreme Court to file a complaint


on their lack of investagation of the evidence. The Commissioner


told me I ould file a complaint!


 


So I wrote a exellent letter to each Justice about what the Professsional Responsibility had not investagated at the same time


used the opportunity to explain what the situation my niece has been


in with her court appointed attorney and the prosecutor that has


proven in court transcripts he was out to get her and had made this


civil committment with help from her court appointed attorney giving her no Due Process through 11 months not objecting once in that


time frame! I sent 7 certified copies to each Justist.


What do you think they will do? I don't they can ignore it I was complaining to them how the professional responsibility did not do a complete investagation and this office was the only office that could


protect her rights because her attorney did not allow for her rights. So they all now know there is a women being held against her will in the


State hospital that had no Due process which is against what the


US Constitutional States to be able to take your liberties. The State


Supreme Court has stated they do not make the laws, they make


sure the laws are followed and used within the US Constitution and


Equal Protection of Laws are given! It really was a perfect opportunity to get this information to the Minnesota State Supreme


Court. Minnesota has a US Federal Lawsuit about this same issue


they have held sex offenders even not violent or ever were charged


in a Hospital. We have 700 people locked in hospitals here a Federal


Judge ordered a plan of release of these people who meet the less


restrictive critera to be moved to a less restrictive place. So i am sure


this letter of my niece' civil committed when not meeting the criteria.


 


Pleas give me your honest belief on the actions I have taken and


what do you think could possibly would they my do?


Thanks for your input!!!!


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
The issue is the evidence you presented to the board to show the attorney acted inappropriately it seems. In order for the court to send it back for investigation, your letter needed to point to the actual evidence of the actions taken or not taken by the attorney were not proper within the rules of conduct. The fact they did not find clear and convincing evidence hurts, but does not prevent her from filing suit for malpractice against the attorney for not properly representing her, but she will have to present evidence of what the attorney did not do that he was supposed to do under the rules or what he did wrong and show that what he did or failed to do impacted the decision. In other words, if he would have done something different it would have changed the outcome of the case.
Customer: replied 1 year ago.


the investagation of the proffesional responsibility is not complete I have


appealed this clear and convincing findings because of the evidence did point out the actual evidence and her actions of being ineffective andnegligent of protecting her client many times it all was in the transcripts and medical records, They did not look at the evidence, That is why I filed the complaint to the Minnesota State Supreme Court. How can you have a fair investigation without using the evidence I submitted with my complaint on the court appointed attorneys misconduct and the evidence to prove clear and convincing!

Expert:  Law Educator, Esq. replied 1 year ago.
I agree with you if they did not evaluate the evidence and the evidence shows what you are saying. Like I said, she still does have the right to sue the attorney for malpractice and that would be her next step if the court does not send it back for a better investigation.
Customer: replied 1 year ago.

last question, What would the action of the state be on such a horrible


turn out for her clients liberties for 2 years, Would the state also be


 


liable for her actions. We can file malpractice but this seems to be


 


a criminal act for causing a person to be locked in a hospital because of


 


her intentional non practice of the laws? What could the state do to her?


 


It seems that the lawyer never faces anybody about her actions and


non actions she took and did not do her job on giving her client her


legal rights to protect her from this type of action.


 


The State Supreme Court is the highest court in the state, if they see


this happening would they not find out why this even happen?

Expert:  Law Educator, Esq. replied 1 year ago.
If she is able to prove that she is being held for no reason and is not now and has never been a danger to herself or others, then the state can also be pursued for wrongfully committing her and she can get damages from them as well.

The state and the supreme court, can take away her license to practice law if they find her inaction or her actions caused this to happen.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88353
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

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