Thank you for your post. Please permit me to assist you with your concerns.Please keep in mind that anything you do not actively respond to or otherwise refute becomes truth in the eyes of the disciplinary committee. In this situation if he sent a letter filled with what you feel are gross exaggerations or outright lies and distortions, then respond to them directly. Go line by line, point by point and refute each and every point made. Furthermore state that if comments existed to such an effect, the attorney was bound to either put them in writing for his own notes or send you emails or writing that shows that you had a fundamental disagreement based on the case strategy. Sometimes a quick and succinct 'refute--conversation never took place' is sufficient, but you do need to consider referring to each point.Good luck.
Wow!!!!! I did not know that!!!!!
What is your source that he was bound to put them in writing because he definitely did not do that?!
But I really need some reference material to cite stating he violated XX by not putting in writing if such a material conversation took place.
Since I filed the complaint I noticed other things the attorney violated but apparently the only matter they asked him to respond to was what I filed a complaint about, so I really want to make sure I have specific matters I am citing this time.
Thank you for your follow-up.I am glad to educate you and help you with this situation. There is no source for this knowledge pertaining to putting it in writing, it is just what a smart attorney would do so as to avoid exactly this type of an event--smart attorneys record their conversations with clients for their own use (not by audio, just on record, although some may record on audio). While those recordings are confidential and protected, they are NOT protected if an attorney wants to use them to defend himself at the disciplinary action. So no, it is not a formal violation, it is simply pointing out that what he states is unsubstantiated and unprovable, and that in that situation the board has to go not by allegations but what is actually in writing.Good luck.
I'm worried if I give this guy the chance to start backdating some notes on a conversation we never had this will just allow him to substantiate as he goes along.
I'm confused as to what would stop that from occurring.
Thank you for your follow-up.He can back-date all he wants, if you have no record of receiving anything, or signing anything, he has no chance here. Such records have to be somehow corroborated--and good luck to him on that score, it is highly unlikely that is possible. besides, if you catch him even once doing it and the Board agrees, they can strip his license for unethical behavior and for fraud.Good luck.
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