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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37890
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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This is in Wisconsin. My daughter was required to take a drug

Customer Question

This is in Wisconsin. My daughter was required to take a drug test and when it came in, on a tues late morning he called her and gave her a couple appointment times to go in on that day. he had told her the week before this that when it came in she could make the appointment for when she was available. She couldn't make it to the first one he gave because it was already to close to make it in time, and she had to work so the other time wasn't good either. So she called the clinic right away to make an appointment and set it up for that Friday at 1:00. She had appointments and commitments already on Wednesday, and had a visit with her son on Thursday that she didn't want to miss out on, so she made it for Friday. She called the lawyer back to give him the appointment date and time and when she told him he got very critical toward her and angry that she didn't make it sooner. She reminded him that he said she could make it for when she was available and explained the reasons she couldn't make it on Wednesday or Thursday. This all happened on Tuesday. The next morning he called her and left a message threatening her that if she doesn't take the test sooner he is going to put it in his report to the judge as a refusal and that she wouldn't do what she was supposed to do. When she got the message a little bit after it was left she called him right away and explained again the reasons she wasn't able to go sooner. He was still unwilling to accept it. It was also explained that on the Friday before all of this I had found a clinic just an hour away that does the tests where she could walk in anytime, without an appointment, and get the test taken. And I told him I would take her that day. He refused to allow that also, insisting that it be the test he ordered that would be used. Now mind you, his test wasn't even going to get to the clinic until that following Tuesday. Not to mention that he never even checked into any nearby clinics that already have the tests on hand. And with the place he was checking with the person that he needed to talk to was out of the office for several days. When he finally got his information and the test ordered he had already waisted more than two weeks.

With all that said, would you consider this misconduct and a violation of rules by threatening her? And if so, what can we do or how do we go about getting this reported?
Thank you!
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but I do not see this as misconduct at all. The attorney is frankly correct, even if he sounded rough and threatening about it--if she does not appear at the location that was issued at the right time, it is a violation regardless of how legitimate or valid her excuse may be. The scheduling of a location is likewise not up to her but up to the attorney. While she can suggest alternative locations, the decision is still on the other party as to whether or not the change is viable simply because some locations may not be admissible in court as valid. Furthermore, threatening the party with a violation is not against the rules in any way--it is simply true if the other party believes that the tests are being avoided intentionally. This isn't a situation where your daughter can negotiate (sorry for being blunt, I just have to be honest however), and if one side requests a specific date and time, short of a significant emergency that must occur. And stating that if it does not a report would be made is simply the attorney doing his job properly in this instance.

Good luck.

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

Thank you for your 'poor' rating. I apologize if you were expecting an answer pointing to the attorney as somehow being responsible but I do not see it based on my professional evaluation. The onus is on your daughter to appear for testing, not on the attorney to schedule her or accept what he believed to be unreasonable excuses. If she fails to appear, then he as an officer of the court must so inform the courts. This is simply him doing his job, the same as your daughter has an obligation to appear. But you likely wanted me to rally against the attorney and state that he was somehow unfair in how he spoke to your daughter--my apologies but that is neither valid not against ethical regulations. This is too serious and please be well.

Customer: replied 1 year ago.

I don't believe you paid close enough I attention to all of the information that was given to you. First, the lawyer never set up any appointments...he had only given her the times that were available on that tuesday. Second, the clinic that we found was a reputable one that actually used the same lab as the clinic he set up with...we were trying to get it done sooner. But when he refused, she never argued about going to his clinic choice. Third, he told her at least two times (that I know of because I was there and heard it myself) that he would let her know when the test was in and she could call the clinic and set up the appointment for when she was available...she even asked him, to make sure , if he was the one who made the appointment, and he said no, that she could make it . So, there was never any avoidance...we were actually trying to get it taken sooner. And he only told her about the two appointment times on that tues that were available, so She never missed an appointment as there was never any specific set appointments made by the lawyer. she set an appointment time that was convenient for her schedule like he told her to do, at the clinic he chose, and was at her appointment on time and had the test taken. she followed everything he told her to do, never avoiding anything. therefore his actions and threat have no validity and were uncalled for. so you never did answer me by considering all of the information because you didn't read it thorough enough to get the right information. now, as for the other part of this, you never did tell me how to go about reporting the issue. all of this considered is what led me to the rating that was given. the only reason i didn't choose the worst one is because you at least responded, and very timely. but maybe that is the reason you misconstrued the information...by not taking enough time to really "listen" to what you were reading. by the lawyerlawyer aware that

Expert:  Dimitry K., Esq. replied 1 year ago.
As you feel that I did not adequately review or listen to your question, I promise to later tonight go through you response line by line to point out what is valuable and what may not be. I do not know if it will change my response or not but I hope to demonstrate that my earlier posts were not simply off the cuff or otherwise based on false assumptions.
Expert:  Dimitry K., Esq. replied 1 year ago.

As promised, I will provide you a line by line response below:

I don't believe you paid close enough I attention to all of the information that was given to you. First, the lawyer never set up any appointments...he had only given her the times that were available on that tuesday.
That is not really the attorney's position to make appointments--he provides times and ensures that the person complies with that schedule.

Second, the clinic that we found was a reputable one that actually used the same lab as the clinic he set up with...we were trying to get it done sooner. But when he refused, she never argued about going to his clinic choice.
Then so far I am not seeing the issue other than to comply with visit request.

Third, he told her at least two times (that I know of because I was there and heard it myself) that he would let her know when the test was in and she could call the clinic and set up the appointment for when she was available...she even asked him, to make sure , if he was the one who made the appointment, and he said no, that she could make it . So, there was never any avoidance...we were actually trying to get it taken sooner.
So far I understand and am on the same page with you.

And he only told her about the two appointment times on that tues that were available, so She never missed an appointment as there was never any specific set appointments made by the lawyer. she set an appointment time that was convenient for her schedule like he told her to do, at the clinic he chose, and was at her appointment on time and had the test taken. she followed everything he told her to do, never avoiding anything. therefore his actions and threat have no validity and were uncalled for.
My apologies but this is where I politely differ with you. Whether he was rude or not is not at issue but an attorney does not have to be polite to his clients--he has to show respect and deference to the court and opposing counsel, he has to zealously represent the best interests of his clients, but he has no obligation to be 'nice' about it. I agree that it would help but if you file a complaint on the fact that the attorney was rude to her and told her that if she misses the time, he would have to report her, the county bar association would simply dismiss it. That is where you can file, but it is not going to go anywhere because from your facts there is no actual violation of any duty that this attorney would owe to your daughter.

so you never did answer me by considering all of the information because you didn't read it thorough enough to get the right information.
That is your right to believe so, however I am trying to politely show you the contrary--I have taken the facts provided into consideration. My difference is that I am doing it from a position of a neutral observer and not an advocate for one side or another--that is why I am seeing whether something is feasible to pursue or not.

now, as for the other part of this, you never did tell me how to go about reporting the issue.
This is not a violation under the state rules on professional conduct. Misconduct is reported to the county bar association where the attorney practices, but this does not violate the county and state bar rules.

all of this considered is what led me to the rating that was given. the only reason i didn't choose the worst one is because you at least responded, and very timely. but maybe that is the reason you misconstrued the information...by not taking enough time to really "listen" to what you were reading. by the lawyerlawyer aware that
I hope that you see that not only did I respond timely as promised but in detail. Please understand that from perspective it would be extremely easy for me to tell you what you want to hear--that this attorney was terrible and should be reported. That will garner me a positive rating and will provide you with satisfaction. The problem is that the answer would be wrong, you will end up reporting the attorney, the bar will dismiss it, and you will be angry for being led astray. My own professionalism does not allow me to do so--I cannot tell you a law exists when it does not, or a regulation assists you when it does not.

Good luck.

Customer: replied 1 year ago.
Thank you for your reply. I wouldn't want you to reply with "what you think I want to hear". I wanted a truthful answer. I'm just wondering why the fact that he threatened her doesn't constitute misconduct?
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

There are different types of threats. Some are actionable, some are not. Threatening to fire someone, for example, is not actionable because it is already a right that an employer possesses in an 'at-will' hiring relationship without cause or advance notice. If the threat was physical, that is a different story, and that would be actionable. Here, the threat by the attorney was something he could pursue, so it was not actionable because of the fact the attorney had that right and ability at that point. I agree that it is bullying behavior, but it is not against ethical regulations or the law.

Good luck and kindly re-rate my answers at this time, as otherwise your initial poor ratings will remain on my record. Thank you.

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