Jump to content

Lawyer I consulted confidentially sent a letter to my house

just_some_guy

By just_some_guy
in Separation and Divorce

 Share
While the thread author can add an update and reopen discussion, this thread was last posted in over a month ago. Want to continue the conversation? Feel free to start a new thread instead!

Recommended Posts

just_some_guy Established Member

just_some_guy

Posted
Posted

Man, I'm so ticked off by this.

 

Several weeks ago, after some particularly bad nights, I decided I needed to consult with an attorney to understand what my legal and financial options are, should I decide to go with divorce.

 

The guy clearly smelled money (we have substantial) and was trying to appeal my greed and spent most of the time talking about how I "deserved" more of the assets and how he would "fight" for them. This guy put out his shingle as a collaborative practice lawyer too.

 

A few days ago, an envelope arrives with his law firm on it. My wife of course, picked up the mail and freaked out.

 

The letter inside said, "Thank you for consulting with us on (date) and this letter is to inform you that you have not retained us we have taken no action on your behalf".

 

This of course, has been terrible on our situation and clearly, this guy is trying to stir up crap to get business.

 

I am not sure what I can do, but I intend to file an ethics complaint at the very least.

mimidarlin Established Member

mimidarlin

Posted
Posted

Wow....

 

I would file a complaint. I would even consult a new lawyer and report this behavior. Get the word out. Write a letter stating that you had sought a consultation and expected it to be confidential. "CC" this letter to the bar association. I would let him know that you'll be spreading the word at every opportunity as well. If you live in small/midsize town this would be damaging.

Star Gazer Established Member

Star Gazer

Posted
Posted (edited)
The letter inside said, "Thank you for consulting with us on (date) and this letter is to inform you that you have not retained us we have taken no action on your behalf".

 

This of course, has been terrible on our situation and clearly, this guy is trying to stir up crap to get business.

 

I am not sure what I can do, but I intend to file an ethics complaint at the very least.

 

Listen, I realize this put you in a tight spot with your wife, but there was NOTHING, I repeat, NOTHING unethical about his letter whatsoever.

 

If your wife opened it, that's her own fault (and yours), not the attorney you consulted with.

 

If a client reasonably believes that there is an attorney-client relationship after a consultation, then the lawyer does have professional obligations to that client. Therefore, it is essential that both attorney and client understand whether the attorney-client relationship

exists. That understanding is best, and usually, memoralized in writing.

 

Thus, when you consult with an attorney, most will send a letter to protect their arse when you choose not to retain them. A good attorney documents everything with their clients, potential or actual. That's all he did. He confirmed that you consulted with him, but you did not retain him and therefore he is not taking any action on your behalf. This is so that later, you cannot sue him for malpractice under the auspices of "Hey man, I consulted with you, and thought you were my attorney, you should have done XYZ to protect my rights!!"

 

You can go ahead and file a complaint with the State Bar... but I assure you, it will go NOWHERE. It wasn't done to drum of business, or stir the pot. It was something nearly every attorney does when they aren't retained simply to protect themselves from litigious people. I promise you that. I've sent about 75 of those very same letters myself.

Edited by Star Gazer
mimidarlin Established Member

mimidarlin

Posted
Posted

wow...I consulted with two attorneys and neither sent a letter. Both made a follow up call but sent no hard copy. How could I have sued them if there was no retaining fee paid? I guess is a warning to all of us to put down a contact address like a PO box if we don't want the spouse to know about our consultations.

Star Gazer Established Member

Star Gazer

Posted
Posted
wow...I consulted with two attorneys and neither sent a letter. Both made a follow up call but sent no hard copy. How could I have sued them if there was no retaining fee paid? I guess is a warning to all of us to put down a contact address like a PO box if we don't want the spouse to know about our consultations.

 

That was a foolish risk for those attorney to take. You don't need to pay a retainer to establish an attorney-client relationship... not by a long shot.

Star Gazer Established Member

Star Gazer

Posted
Posted

Google "non-engagement letter." Any decent attorney interested in avoiding malpractice lawsuits uses them religiously when they either reject a case/client or the client chooses not to retain them.

carhill Established Member

carhill

Posted
Posted

OP, now your wife knows who she can't retain to represent her :)

 

In the future, use a business address or PO box where you have private access to mail. I've been doing that for years. Sorry about your problems...

 

SG is right, IME. The lawyers I've consulted always follow-up in writing, regardless of whether I retain them or not. That must be the way it works, at least in Cali.

Star Gazer Established Member

Star Gazer

Posted
Posted
That must be the way it works, at least in Cali.

 

It's practiced nationwide, recommended by the American Bar Association and jurisprudence from at least 30 states.

threebyfate Established Member

threebyfate

Posted
Posted

If you're on the left-coast of Canada, we also have them here.

  • Author
just_some_guy Established Member

just_some_guy

Posted
  • Author
Posted

He assured me that the consultation was completely confidential.

 

He did not inform me that he would send such a device.

 

My wife did not open the letter, but the letterhead on the envelope was clearly from a divorce attorney.

carhill Established Member

carhill

Posted
Posted

Did you give the attorney your contact information or did he use a resource like Lexis-Nexis? I ask because I'm unlisted and the only addy which shows up in nearly all resources is my business PO box. If I don't want someone to have my address, I just give them a bogus one. Words to the wise for the future. :)

mark982 Established Member

mark982

Posted
Posted

so tell your wife, don't give me no crap. we won't have any problems.:lmao:

carhill Established Member

carhill

Posted
Posted

LOL, you do that after you have Plan B in place....

Star Gazer Established Member

Star Gazer

Posted
Posted
He assured me that the consultation was completely confidential.

 

He did not inform me that he would send such a device.

 

My wife did not open the letter, but the letterhead on the envelope was clearly from a divorce attorney.

 

1. The substance of your conversation remains confidential and protected by the attorney-client privilege. The simple fact that you consulted with an attorney is NOT protected by the attorney-client privilege.

 

2. He did not have to tell you that he was sending you a letter. However, to avoid upset like this it would've been prudent to give you a heads up.

 

3. Again, he did not violate any ethics rules.

tnttim Established Member

tnttim

Posted
Posted

What the hell did you give him your address for? I know hind sights 20/20, but you consulted a D attorney behind your W's back and didn't erase your steps.

2sure Established Member

2sure

Posted
Posted

Your "substantial" income had nothing to do with it. Nothing. It is common practice for attorneys & most other professional firms to send a follow up letter or a thank you after being consulted (which when shopping for an attorney is the same as an interview). To avoid this in the future simply tell them that no mail is to be sent and that if you retain them you will provide another address or PO box.

 Share
Go to topic listing
×
×
  • Create New...