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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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An attorney sued me, under severe duress (I am a disabled

Customer Question

An attorney sued me, under severe duress (I am a disabled deaf person) , my mother partner in the home was frail. this crime in FL , but the FL Bar responded to my complaint asking how the case was resolved. I explained that resolve in my 1st complaint, so I wonder, & fear from experiences the Bar is looking for an excuse to close my case, & not investigate or demand a response from the atty. who sued me. with that said if I meditated under sever duress, is this cause for the bar to say " case closed since i was forced to mediate & accept the offer, forcing me to sign a new quit claim deed in tree names, and sell a $900,000 to the attorneys client ie the buyer for $385,000? This question pertains specifically to your opinion how or why the bar is playing me probably asking how the case was ended, even though I explained this in a 1st complaint.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 10 months ago.

Good evening:

My name is ***** ***** I would be happy to provide general information regarding your question. First, I am sorry to hear of the situation you are currently in.

Now, when there is an attorney complaint lodged, the bar does not necessarily file any action against said attorney because the end result was unsatisfactory to a client. As you can imagine, there are many clients who are unsatisfied by the end results of an action or suit. What a bar does have power over is whether or not any malfeasance or misfeasance, according the their regulations, an attorney may have committed. This is a very fact intensive issue and cannot be determined from a simple, blanket complaint or allegation.

So, my question to you is, were you asked for any type of detail as to your allegations in the bar's response not present in your initial complaint? I understand that you made a complaint initially, but was the bar's response, in essence, a request for you to elaborate on that complaint or alleged allegation?

Customer: replied 10 months ago.
Not really, the bar wrote I MADE MANY ALLEGATIONs, THE BAR THEN ASKED WHAT THE RESULT OF THE CASE , the one BROUGHT v. me from the Petitioner the buyers . Im complaining about their attorney . So specifically why do you feel the bar has asked for the result of the case brought by the petitioner? I explain that we were forced to settle/ give in to every whim under duress. in my 1st complaint. I feel & fear the bar is going ot come back to me saying " I meditated, I settled " so there can be no complaint due to my signing my rights away in the mediation agreement . But It was under severe duress , fraud & collusion, playing the court procedures, threats dillarorily playing wme while my attorney helped the petitioner/atty. from the beginning, this was admitted finally 7 months into the case. its involved, cousin with my attorney & my realtor its long sordid story of gamesmanship its a crime in FL to take advantage of elderly & disabled persons.
Customer: replied 10 months ago.
here is the letters langage 12/18/15
quote: " your inquiry/complaint lists a multitude of alleged violations by mr Banta & then includes emails with commentary. I find it hard to follow & do not see where all the allegations are related to the emails. Please provide a narrative & chronological description of what you believe his unethical conduct was. Please also state the end of result of the L litigation. i am sending you a complaint form. " end quote .Ecxactly the same letter came regarding my attorney who aided the petitioner for 7 months. Both sides refused to respond to me, the bar refused to make the attorney respond to my brothers complaints last year.
Expert:  Legal-Kal replied 10 months ago.

I understand your situation and thank you for your response.

In reply to your specific question as to why they asked for the result, it is, again, because the fact that the result was not advantageous to you does not necessarily mean your attorney breached any duty he/she owed to you. The result only relates to obtaining all the facts they can possibly obtain from everyone involved in the case (mainly you and your attorney). However, it is with these facts, they can fully, thoroughly and with all knowledge of the matter inquire of your attorney about the allegations complained of on your part. This is why they are asking you for specifics.

This is actually a common procedure. When a complaint is filed against an attorney, the bar or disciplinary organization will inquire in every single aspect of the case, from beginning to end. The bar cannot require a response of an attorney without knowing the full and complete, step-by-step, process that everyone involved in the case took.

I have read your recent post as to the exact language the bar used in responding to your complaint. It is, indeed, what I believed it to be. The bar is seeking from you a complete and thorough narrative of every single encounter or contact with your attorney. Thus, what I have provided above does indeed remain accurate and applicable. The bar is looking into every contact you had with the attorney so they can determine where any malfeasance or misfeasance occurred. This is common protocol as the bar must know the complete breadth of the relationship and actions taken between you and your attorney.

In essence, it does not appear that the bar is "playing" you as you mentioned in your initial post. It is simply a fact-finding mission that the bar (and all disciplinary agencies) take in complaints against attorneys. In order determine if, and/or when or where, an attorney breached a certain duty, the bar/entity must know as much as possible about the attorney-client relationship. Thus, it would be wise to respond in great detail and the fact that they are replying they way they did should not be a cause of concern.

I hope this has helped. Please let me know if you have any follow up questions based on what I have provided. I would be happy to assist you further.

If not, please remember to click ACCEPT and RATE my assistance as that is the only way experts can be credited for helping customers. Thank you.

Customer: replied 10 months ago.
This question is NOT v. Z esq my attorney, its v. B esq , the petitioner s Attorney. That is why I ask if i signed a mediation agreement with the opposition ie the " Petitioner ie the buyers attorney B Esq " said mediation agreement was forced on u s over 10 months of litigation to capitulate 100%. loosing a home valued at $900K sold for $385K.The point of this question & my fear is from experience related to an entirely different attorney a mr JH Esq & a different state. From that experience in Arizona & california later with those Bar assoc. the AZ. bar 1st dismissed a complaint, but years later when a judge complainted to the AZ bar v JH Esq . whow what a difference. AZ bar was very appreciative & complimentary per docs to disbar said other atty. There was no treatment anything like the FL bars acts.Another fear is my brothers Florida bar complaint last year came back asap saying statutes ran on a quit claim deed, yet the bar never demanded any real response to the allegations it was a farce. IE not a one allegation was responded to my my attorney. I say this because its all the same case same issues of collusion between this same petitioner attorney. * In another of my brothers bar complaints the FL bar closed it asap., saying too many named attorney were described in the narratives & I docs .so this brings me to another question, i am severely disabled, how is the bar expected to help society vs. an attorney B esq. .. when i cant hear to RESPOND in ANY KIND OF REASONABLE MANNER? LET'S DAY A DEAF , DUMB BLIND PERSON WAS TAKEN ADVANTAGE by my attorney Z esq & the buyers attorney B esq WHO HELPS? I have an email admission saying that 7 months after being sued by B esq had call my attorneys law office. & B esq asked Z esq partner S esq for legal advice vs. me from a S esq the mayor (& previous FL Congressional Judicial oversight committeeman of 8 years ie S is Z esq's partner , . the petitioner B esq poisoned the well per se with my legal representation Z esq & S esq of 20 years , fully knowing , who my attorney was Z esq & partner S esq , . . fyi my attorney Z esq efiled ,was paid , had a meeting with me, then he Z esq later electronically altered a quit claim deed placing his name Z ESQ on the efiled document adding these words " THIS DOCUMENT IS PRODUCED BY & is to be returned to Z esq.So with this info. I ask ,will the bar close my file if I signed a mediation agreement?
( bar complaint v B esq ie the Petitioner I am the defendant , you don't seem to see this person as the petitioner vs me ..ie thinking the complaint is vs my attorney its not) fyi if the petitioners attorney B esq ( not my attorney) forced me played me, blocked my attorney form representing me .... that when I learned it occurred, he B esq is said to have removed the conflict , ( a conflict utilized by my atty. Z Esq for 7 months ie to not represent me in the suit brought by B Esq ... saying he Z esq had to ask around his office if there was a possible conflict. ) can you imagine it took 7 months to ask 4 law partners, in Z esq's firm if they had a conflict of interest with me? )
Expert:  Legal-Kal replied 10 months ago.

I am sorry, but I do not think I will be able to answer your question as fully as you would like at the moment.

What I will do is "opt-out." By doing this, it will open up the question to another expert who can assist you better. Please do not reply to this post as it will delay the ability for another expert to respond to your question. When a new expert is present, they will greet you and respond to your question.

Thank you.

Customer: replied 10 months ago.
Al Im asking is If I signed a mediation agreement do you see any way the bar can or will try to close my file if I signed a mediation agreement?