Attorney Malpractice

I’m often asked by lawyers to speak about malpractice,, what it is and how to avoid it. Today, I’ll tell you all a little story that illustrates that.

Once upon a time, there was a “lawyer” who thought so highly of himself that he commanded the highest fees ever. Every client wanted him to be their lawyer because he was the best. He studied for many years and became so specialized in his area of law that he could demand and receive those outrageous fees.

He charged more and more and more for each client and became so powerful that no one dared stand up to him. He began getting bigger and bigger cases and charging more and more money and his reputation grew and grew and grew. He became more and more powerful and drew the greatest praises ever. Kings and noblemen hire him to represent them. He grew more and more and more and had no time for non paying clients or “small peoples” problems. His empire expanded and expanded. No one dared stand up to him.

Until one day, he promised too much and bragged too much about crushing the enemy, a minuscule dwarf who didn’t know anything about law and certainly not his area of law.

And as a result of that, he began trying to crush his opponent. He began billing his client more and more and more and more money, until the client ran out of money very quickly at his extremely high hourly rates. And as a result of that, the client had to deed him land and property. The client deeded more and more and more and more land and gave the powerful attorney more and more and more jewelry, and animals and equipment until the client was out of things to give to the powerful attorney.

The client questioned the powerful attorney why he hadn’t crushed the opponent to death. The powerful attorney kept saying over and over and over, I’ll finish this shortly,, I just need more money to pour into this war so you will get justice. The client continued to give the powerful attorney more money and finally, the client had no more money or things to give to the powerful attorney.

Finally, the powerful attorney spent all his client’s money and had not killed the opponent like he promised. The powerful attorney had everything of the client and the client was left all alone with nothing but the powerful attorney’s voice shouting into the night about the justice he will get, if only he has more money to fight the fight.

That damn opponent, the mighty attorney thought to himself, is not afraid of me, not afraid to stand up and respond. That opponent scares the hell out of me. He is not afraid,, and isn’t doing what I yell at him to do. Each time I yell louder,, he doesn’t react.

The mighty attorney, alone in the dark by himself thought more and more about crushing his opponent and began questioning himself, because the mighty attorney knew he had failed when someone stood up to him.  All that the mighty attorney thought he was, is no more.

And ever since then, everyone knows the powerful attorney is afraid and didn’t succeed, except in taking all his client’s money and things. His mighty voice trembled and he failed.

So, in the end, are you the “mighty attorney” or are you the meek mouse who responds?

If you can answer this question, you’ll know all you need to know about malpractice. Have a nice day and happy lawyering.

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One Response to “Attorney Malpractice”

  1. Deborah Nun Says:

    Greetings from this meek mouse, plaintiff pro se.
    It amazes me to think of what I have learned in the last five years! I do think the practice of law will soon see more changes because it is no longer possible to monopolize the knowledge of all the subjects concerning the law and the legal profession. There is now information available via the internet for anyone with an interest or a need to search for answers to whaever questions that once had to be asked of a lawyer- usually by an appointment and for a fee that may or may not have resulted in anything more than more confusion, questions, and fees..
    I never have had a problem with paying professional fees for professional services. The neurosurgeon who earned approx. $20,000 for approx. five hours work not only saved my life, he did not try to keep me in the hospital and drag out the procedure as long as he could so he could charge me more! He could not guarantee the outcome either. (DUH). He did tell me- in layman’s terms- all the facts, answered all questions for me so I knew more than i ever wanted to know about repairing physical me. I wonder how legal malpractice insurance and medical malpractice insurance rates compare? Lawyers should think more about the unique privilege their Bar Association still can provide for “grievances”, “fee disputes”, that are very private and very technical procedures with a special set of rules, penalties, or the helpful excuse, leniency, and assistance that comes from having “disabilities”. ( I’ll bet my farm that junkies or drunks in the general population would love to find that could be a helpful defense of acts done ‘under the influence’.).
    It is my opinion that the general public has played a big part in encouraging the legal profession to regress. The clients pay the lawyers if and when it might profit the client personally- not because clients need to pay lawyers to explain the common law, or the public’s idea of what is wrong or right ethical, moral, acceptable conduct. The biggest percentage of civil cases are based on ‘I don’t HAVE to unless you can MAKE me’ bullshit. If that was not true we would would not have the law perverted in the probate of estates- which has proven to me there is no reason pay lawyers to write Wills- they are useless except to list for the lawyers the decedents assets that are available to fuck up. Greed and apathy for any problem that does not affect people personally is our most serious threat; ‘We the People’ are destroying ourselves and doing a very good job of it in “Civil” Courts. I am in fact so disgusted with “how it works” I am going to be leaving Texas and go back to the farm- which is as rural as it can be. I can file it as my ‘homestead’, plant trees, and arrange for that State to help me leave it to the wildlife. When I’m not farming I plan to keep learning and writing to anyone and everyone about life after death in Tx. Probate Court…I have no doubt that after I’m out of here there will be letters that want to procede with the Tx. issues that sooner or later surface
    when there are frauds against property. I would love for you to set up a contract and an amount I can send as a pre-paid retainer so I can have a lawyer to communicate to lawyers as only lawyers can so it is clear to them that it is a very bad idea to lie or steal from this meek mouse and fuck them very much for trying…..
    P.S. You sound better- Welcome back.
    ‘Juris’ and ‘Lex’? ‘Cash & Carry!’

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