Again remember, we will not give the participants names, nor will we give the exact location of the issues. We again will attempt to remain unbiased, but again we are receiving only one side of the information. I do have documentation in my possession regarding both sides of this issue.

Attorney Grievance Committee#1
Issue Breach of Professional Ethics

Complainant stresses that former Attorney did not act ethically in regards to a Worker's Compensation Case Attorney represented Complainant in. Complainant contends that insurance company was controverting surgical arrangements for an-on-the-job injury, a trial was set. When Complainant arrived for trial, complainant's attorney told complainant the trial had been cancelled because they (complainant's attorney and the attorney for the insurance company) had reached a settlement. Upon hearing the terms of the settlement, the complainant contends that complainant was unhappy with terms, however the attorney indicated, 'the settlement had to be accepted, there were no alternative choices.'

Feeling that the complainant had no further rights, complainant accepted the settlement in court. After some investigation, complainant learned that since the terms of the settlement had not been acted upon, complainant did not have to accept the settlement. Complainant returned to court, dismissed the attorney and stated on the record, the reason for the attorney's dismissal. Two years later, complainant learned of the Attorney Grievance Committee and the National Client Protection Organization. At that time, complainant made copies of all pertinent information and proceeded to write a detailed report to the local Attorney Grievance Committee, detailing what complainant felt was a breach of ethical conduct on the attorneys part.

After 30 days, complainant received a letter indicating that the matter was being investigated. After 90 days complainant received a second letter, with enclosures, indicating that according to the enclosures, no breach of ethics was found.

The enclosure was the attorney's statement indicating "the beauty" of the settlement the attorney had managed to reach on behalf of his client. Additionally, there was a copy of the court transcripts in regard to the client accepting the settlement. There was no indication that any investigation into the alleged issue of being forced into the settlement, nor was there any indication of investigation into the complainants issues of returning to court, dismissing the Attorney and objecting to the terms of the settlement.

MY VIEWS

*Disclaimer: Be advised these are only my opinions on the matter, these opinions are not to be conceived as a legal opinion on the subject matter. I stress I am not a lawyer, nor should this be conceived as legal advice, it is mere layman opinion!

I am emotionally mixed on this issue. I have searched through various case laws and found nothing specific concerning this issue. I do understand the complainant's argument, and in my opinion the issue was not dealt with correctly.

Upon further investigation, I have noted that the Attorney Grievance Committee is a group of attorneys who investigate complaints concerning other attorneys. I have found indication that this committee has reprimanded attorneys, although I will admit that the reprimand was usually no more than a slap on the wrist. I have also noted that at least within New York State there is another procedure, the second step appears to take a complaint to a group of lay people for investigation. I believe that this will assist in a less biased investigation.

This case is being resubmitted
FORM FOR APPEAL

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LINKS

THE NATIONAL CLIENT PROTECTION ORGANIZATION

STATE-BY-STATE CLIENT FUND PROTECTION ORGANIZATIONS

NEW YORK STATE ATTORNEY GRIEVANCE LOCATIONS

NEW YORK ATTORNEY REGISTRATION INFORMATION

THE NEW YORK STATE BAR ASSOCIATION