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Fat Elvis
11-30-2008, 08:34 AM
How long does it take for a complaint to the Bar's ethic comittee to be reviewed, and what happens to the case(s) in question once the complaint is submitted? Is the case put on hold, or does it proceed? If the lawyer in question is found in violation of ethical codes, what type of consequences are there for them?

Thanks

Fat E

Bwana
11-30-2008, 08:36 AM
A lawyer screwed you? NO, say it isn't so!

Fat Elvis
11-30-2008, 08:40 AM
A lawyer screwed you? NO, say it isn't so!

I don't want to say one way or another, I hope that there is a resolution available so that route isn't needed.

If it makes any difference to the lawyers who see this, it is regards to a conflict of interest....

Bwana
11-30-2008, 08:45 AM
I don't want to say one way or another, I hope that there is a resolution available so that route isn't needed.

If it makes any difference to the lawyers who see this, it is regards to a conflict of interest....

Well good luck FE. :thumb:

Fat Elvis
11-30-2008, 08:47 AM
Well good luck FE. :thumb:

Thanks.

Simply Red
11-30-2008, 08:47 AM
Wait, don't we have a lawyer on here?

RNR
11-30-2008, 08:48 AM
A lawyer screwed you? NO, say it isn't so!

The old what do have when you have six lawyers up to their neck in shit? not enough shit. Old but on the money.

blueballs
11-30-2008, 08:59 AM
if it's a divorce lawyer
he gets a major award

bringbackmarty
11-30-2008, 09:27 AM
Fwiw I am not a lawyer, my wife is. I did pursue a complaint against a J.D. in the state of Maine, and here are a few observations based on those experiences.

1. Thing about the board of overseers of the bar, is it's a bunch of lawyers who are supposed to adjucate the conduct of one of their own. Not always a fair shake for joe blow.

2. Simple conflict of interest I doubt they will do much. Tell him he was wrong. Not to do it anymore. The worst part about it for the accused lawyer is his name gets in the list of cases, in the press, and that can hurt business, even if the accused is found innocent.

3. Other screwups can result in the accused losing his or her license. It all depends on what the accused did. They can be reprimanded, censured, fined in some cases.

Fat Elvis
11-30-2008, 09:35 AM
Fwiw I am not a lawyer, my wife is. I did pursue a complaint against a J.D. in the state of Maine, and here are a few observations based on those experiences.

1. Thing about the board of overseers of the bar, is it's a bunch of lawyers who are supposed to adjucate the conduct of one of their own. Not always a fair shake for joe blow.

2. Simple conflict of interest I doubt they will do much. Tell him he was wrong. Not to do it anymore. The worst part about it for the accused lawyer is his name gets in the list of cases, in the press, and that can hurt business, even if the accused is found innocent.

3. Other screwups can result in the accused losing his or her license. It all depends on what the accused did. They can be reprimanded, censured, fined in some cases.

I am mostly concerned with how long the process takes, and what happens to court cases in the meantime. Like I said, I hope we can find a resolution to this particular situation without having to resort to going to the bar. I would like to find a win-win situation for everyone involved.

RNR
11-30-2008, 09:39 AM
I am mostly concerned with how long the process takes, and what happens to court cases in the meantime. Like I said, I hope we can find a resolution to this particular situation without having to resort to going to the bar. I would like to find a win-win situation for everyone involved.

Sometimes you just have to drink it off!.......wait you are not talking about that kind of bar......nevermind.

Skip Towne
11-30-2008, 09:45 AM
I hope you kick some lawyer ass.

Inspector
11-30-2008, 10:16 AM
You may have to hire a lawyer.

Oh wait....

banyon
11-30-2008, 08:04 PM
I am mostly concerned with how long the process takes, and what happens to court cases in the meantime. Like I said, I hope we can find a resolution to this particular situation without having to resort to going to the bar. I would like to find a win-win situation for everyone involved.

The process in Kansas is very slow. I dealt with hundreds of attorneys in my old job and was very reticent to ever file a complaint myself unless the matter was pretty serious. I only filed two complaints, one against a guy who demanded a blow job from a female client after he got her DUI dismissed (on his company firm email no less), and another against a guy who basically stole $5000 from an elderly deaf lady. The first complaint was resolved pretty quickly, they informally slapped him on the wrist and told him "tsk, tsk, don't do that again.", the other one I filed over a year and a half ago and it is just now being "docketed" with the Disciplinary Panel, which means it will likely not be completely resolved until sometime a year or two from now with the Supreme Court of KS's calendar.

The disciplinary process could have a significant impact on regular pending cases, or it might have no impact at all, it really depends on the situation. Generally, if the attorney's conduct caused your case to be unfairly decided and caused a significant "miscarriage of justice", then you might be able to set aside an unfavorable ruling if it is timely appealed.

I guess I would ask what the general nature of the complaint is, does the attorney have any prior published complaints, and why do you feel the timing is important to your case?

Hoover
11-30-2008, 09:16 PM
My wife is an ethics attorney for the state. It seems to me theses cases take a while before they rule. Most times the board slaps people on the wrist unless you are stealing money or have a bad history.

manchambo
11-30-2008, 09:21 PM
I am mostly concerned with how long the process takes, and what happens to court cases in the meantime. Like I said, I hope we can find a resolution to this particular situation without having to resort to going to the bar. I would like to find a win-win situation for everyone involved.

The ethical complaint is independent of the case. In fact, it's unethical for a lawyer to file, or even threaten an ethics complaint, or to use the potential in negotiations, to influence litigation. So it's most likely that any ethical complaint will be dealt with after the case, and will purposely be kept separate.