View Full Version : Threatened by Attorney


ariafreeman
03-24-2005, 07:07 PM
Our appeal was denied becase our appellate attorney didn't file the brief correctly to the appellate court.

When we hired said attorney he charged us $30,000 for the appeal (plus extra for transcripts) to do the "appeal".

When the appeal was denied I let attorney know how "displeased" I was with his service. He acknowledge via email that it was his "screw up" (I have it in writing). I also indicated to the attorney that if any more money was needed to proceed he would not be getting anymore as we dont' have it.

Said attorney now soaked another $6500 out of in-laws without consulting with me or my husband (the inmate). I sent attorney another letter letting him know that I did not like him going behind our back (relation with in-laws is not good).

Said attorney just spoke with my husband in prison and "threatened" to withdraw as counsel if my husband required him to speak to me anymore about his case, and demanded that he revoke my durable power of attorney. The Petition for Review to the Supreme Court is due in 6 days and this attorney does not have his review ready. My husband did his own which is brilliant -but, we really need an attorney to submit one as we've been told that the Supreme Court will not accept pro se reviews (not sure if this is true or not).

I can't afford to hire a new appellate attorney - is there anything that we can do? Can we alert the Supreme Court that the current attorney is ineffective and now threatening because I called him to point on the issue of him not following proper RAP rules? What about the attorney "threatening" to withdraw counsel 6 days before the review is due and after he's been paid "again"?

Thanks,
Aria

Honeymooner
03-24-2005, 07:35 PM
The attorney should not be contacting the in-laws without your husband's permission. And because he failed to file the appeal on time, you may have a good malpractice case against him.
Yes, it's highly unlikely your husband would be allowed to continue pro se. My husband wanted me to fire our attorney so I could present oral arguments, but no luck.

You need to contact the local bar association and file a complaint. They may even be able to refer you to another attorney.

Scryer
04-14-2005, 02:45 PM
demanded that he revoke my durable power of attorney
I have been wondering, if my man gives me "Power of Attorney",
can I act on his behalf legal-wise,
doing the things he would do representing himself,
like file his court papers for a pro se motion,
or appeal the legal aide denial?

Thanks

Demi
06-03-2005, 01:34 AM
Just curious as to why you can't submit pro se reviews? Wasn't the whole business in the book "Gideon's Trumpet" about a inmate who did all of his own filing?