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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37859
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I recently filed a complaint against an attorney to the the

Resolved Question:

I recently filed a complaint against an attorney to the the Attorney Registration and Disciplinary Commission ARDC for improperly withdrawing from my case, and he responded with a ten page write up of about 10% truth and 90% lies primarily in regards XXXXX XXXXX we did not have that supposedly tell the real story behind the emails that he doesnt deny.

The emails tell the truth which are incriminating to him. The conversations he claims happen point to him being constantly lied to by me and him disagreeing on strategy such that he had to abruptly withdraw and claim because he really like me he had to make up a false reason and say it was because I owed him money, but it was really because I lied to him.

What is the most appropriate way to respond as the ARDC letter stated that "if you believe the response is inaccurate, or if you wish to provide additional information or documents for consideration, please write back"?

Do I need to line item by line item address which is probably no less than a 100 lies--and 90% are conversations which never took place??
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

YOU'RE THE GREATEST!!!


 


WISH ME LUCK.

Expert:  Dimitry K., Esq. replied 1 year ago.

Glad to help, truly. And I do wish you the best of luck!

If you found my information to be useful, please do not forget to positively rate. Thank you! And, should you need help again, please do not hesitate to ask for me by name. Please be well!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37859
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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