Brian J Waid's Answers

Is it Ok NOT to have a transcript of a trial?

It is not common; however, your question raises other questions. Having previously practiced in Louisiana for many years, most court reporters used stenographic (i.e., typed) machines, usually with a taperecorded backup. There also was, and presumably still is, a statute in Louisiana that required Court reporters to keep their notes for a specified period of years. The lack of a transcript substantially impairs the losing party's ability to appeal, so the "loss" of the stenographic notes is...

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Is there any legal recourse regarding a claims manager who is not performing her job in an ethical and timely manner?

Your question is better answered by an attorney with expertise in Washington L & I claims. My first suggestion is that you should schedule an appointment to actually meet with your current attorney to discuss his/her plans for pursuing your claim. If you are not satisfied with that attorney's plan of action, you should seek out an attorney who regularly handles L & I claims. If you have trouble finding such an attorney, you should contact the Washington State Association for Justice (...

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My attorney refuses to communicate with me until I threaten to to go the board of professional responsibility

I would answer slightly differently than my predecessors. First, the Bankruptcy Court is part of the Federal Court system. The Bankruptcy Court, for a layperson's purposes, is kind of a subset of the United States District Court within that District. Each US District Court system has its own Bar admission and disciplinary process that addresses misconduct by attorneys within that District. So your attorney, by virtue of practicing in the Bankruptcy Court must be admitted to practice in that...

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Attorney should not represent both the plaintiff and the defendant, sure to ethical guideline about

Without reiterating what the other attorneys have said above, let me add the following with a specific Washington State perspective: Re: Confidentiality: I take a very firm position that the attorney jointly representing multiple parties may NOT keep secrets of one as against the other jointly represented party. This is because the attorney has a fiduciary duty to each of the jointly-represented clients and cannot get into the middle of a dispute between them. Washington Rule 1.7, Comment...

What is the function of Special Disciplinary Counsel at a Bar Association?

Rule 2.8 of the Washington Rules for Enforcement of Lawyer Conduct, states: "(a) Disciplinary counsel acts as counsel on the [Wash. State Bar] Association's behalf on all matters under these rules, and performs other duties as requires by these rules...." (b..."Special disciplinary counsel may be appointed whenever necessary to conduct an individual investigation or proceeding." In short, Special Disciplinary Counsel may be assigned to investigate and, if necessary, prosecute, a Bar...

IN attorney ethics/professional responsibility laws

In general, the client may terminate the attorney's representation. The Rules of Professional Conduct require that the attorney withdraw from representation upon discharge by the client. There are very rare circumstances in which a Court can refuse to allow an attorney to withdraw but instead require the attorney to continue representation of the client. An attorney's 2-week delay in acknowledging the client's termination of representation, particularly when there is an imminent hearing...

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Is it ethical, legal or standard practice for attorneys to increase their fees while defending a client in a lawsuit?

I respectfully disagree with the prior response. Although the ethics rules in Georgia may vary from those of other States, the general rule is that a change in the fee agreement is subject to Rule 1.8 of the Rules of Professional Conduct that governs business transactions between an attorney and the attorney's client. More specifically, once the attorney accepts representation of the client, the relationship soon "flowers" (in the words of Judge Posner) into a fiduciary relationship. The...

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Atty pd 10k but did not file appeal.

I concur. Do not hesitate: file a disciplinary complaint against the attorney, through the State Bar Association in Pennsylvania (assuming that is the State in which the attorney practices). Even if the attorney did some work (which she may assert), the attorney still has an ethical obligation to communicate with the client in a timely manner. Furthermore, if this was a "flat fee" in return for which the attorney promised to prosecute the appeal, but did not perfect the appeal, then she...

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Do you think you get equal representation with a court appointed attny as you would if you were paying for one on your own?

The simple answer is "yes." You CAN receive equal representation with a court appointed attorney as a private attorney, but whether you do will depend on the attorney. Extraneous factors such as access to experts, case loads, etc. can also heavily impact the quality of service the client receives. However, those factors can apply equally to attorneys in private practice. I began my legal career, by choice, as a legal aid lawyer handling civil cases. I still remember the client who told...

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What are a law firms responsibilities when they have requested and agreed to resolve an issue with binding arbitration?

From your question, it sounds as though you too are an attorney. Assuming that the Court did indeed ORDER binding arbitration and assuming that you fulfilled your obligations to cooperate in making that happen, then the opposing litigant and perhaps his/her attorney, has violated the order and should be subject to potential penalties under whatever Florida law applies in that situation. (I'm presuming you're in a Florida forum). If the lawyer knowingly assists the client in violating the...

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