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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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the attorney I filed an ARDC complaint contest I did not provide

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the attorney I filed an ARDC complaint contest I did not provide him with adequate retainer to file any pleadings in my case. However, I was making the payments as he requested on time. It is completely without merit.

But he also did not file an appearance in the case as he stated he would, but he didn't state exactly "when."

Question: is an appearance considered a pleading?

I'm responding to his response, and I noticed he keeps commenting he didn't have enough retainer to file any pleadings. Is an "appearance" a pleading--is that his point.

I take exception to him not filing an appearance because I only had one payment to go before all the retainer would have been paid up.

Hello again, thank you very much for requesting me again.

An appearance is not a pleading--a pleading is some sort of a written declaration before the court pertaining to your case, such as a complaint. An appearance can be used to change a pleading but it is not itself a pleading. So no, an appearance is not a pleading.

Hope that clarifies.

Customer: replied 4 years ago.

I have to know where can I learn this stuff, so I don't need to keep asking simple, dumb questions if you don't mind?

Google is definitely not the answer.

This isn't a dumb question, it is unfortunately one of those things that you learn with experience. A 'pleading' is a formal statement--formal means that it is in writing. If someone is physically appearing, then it isn't being done in writing any longer. It may be a formal hearing based on a pleading, but an appearance itself is not a pleading. This is why we are here, some of the things you can learn online is valuable and useful, but without putting it into context, it may be hard to use. You can do online searches for statutes, the bar association's disciplinary board and the "rules of professional conduct" in your state. But at times it is hard to know where to find what you are seeking because it is hard to explain what you are really looking for.

Good luck.

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